UNDECLARED CHILD-NEW PILOT PROJECT

[Sarahannclarke5]

How is it off point? You seem to be trying to say that the pilot may not apply because the child may have made the father ineligible to originally be sponsored as a spouse, which would require a retroactive judgment regarding the genuineness of the spousal relationship and whether the father's PR status was validly obtained. You referenced a sponsorship appeal.

I would be curious to know what exactly you think a lawyer could do to "strengthen any issues" in this situation.

How is it off point? You seem to be trying to say that the pilot may not apply because the child may have made the father ineligible to originally be sponsored as a spouse, which would require a retroactive judgment regarding the genuineness of the spousal relationship and whether the father's PR status was validly obtained. You referenced a sponsorship appeal.

I would be curious to know what exactly you think a lawyer could do to "strengthen any issues" in this situation.

A lawyer can help find issues that may arise. The clause itself for the pilot program says "This pilot project only applies to family members who wouldn’t have made their sponsor ineligible to immigrate to Canada".
I didnt write that, thats a statement on their website regarding the pilot program. So it obviously happens, or is expected to happen in some case. I was only pointing that out. If the poster wants to go by your own information and say she has no worries, thats fine. I know you like to argue and be condescending to many people on this forum, so be it.
I never at any point said no way it wont happen, the father is being sent back, whatever your exaggerations are. There is a chance they may question it. I think its better to be informed, than think that everything is silver clouds and peachy keen. Im trying to help someone with information, not start a debate. You are of the opinion that the case is clear cut, and that immigration are non-chalant about extra marital affairs, i have a different opinion. My opinion is based on research, but i agree to disagree. Im not losing any sleep over it, i just offered advice.

 

[Sarahannclarke5]

Hmm. We’ve sent the application in Nov 15th and the Sponsor has been approved to sponsor the child. Child’s medical has been passed and application has been transferred to local visa office for further processing.

I really hope all goes well. Best of luck in getting her here.

 

[canuck_in_uk]

A lawyer can help find issues that may arise. The clause itself for the pilot program says "This pilot project only applies to family members who wouldn’t have made their sponsor ineligible to immigrate to Canada".
I didnt write that, thats a statement on their website regarding the pilot program. So it obviously happens, or is expected to happen in some case. I was only pointing that out. If the poster wants to go by your own information and say she has no worries, thats fine. I know you like to argue and be condescending to many people on this forum, so be it.
I never at any point said no way it wont happen, the father is being sent back, whatever your exaggerations are. There is a chance they may question it. I think its better to be informed, than think that everything is silver clouds and peachy keen. Im trying to help someone with information, not start a debate. You are of the opinion that the case is clear cut, and that immigration are non-chalant about extra marital affairs, i have a different opinion. My opinion is based on research, but i agree to disagree. Im not losing any sleep over it, i just offered advice.

Had the child been an adult and criminally inadmissible at the time of the original sponsorship app, the sponsor would be ineligible. Situations like that is what IRCC is referring to.

What you are suggesting would require an investigation of the genuineness of the relationship of the original sponsorship app, which would appear to have been at least 4-5 years ago. Such an investigation would have to determine that the father was not a dependent because of the affair and therefore obtained PR fraudulently.

As the pilot hasn't even had any apps be processed yet, your research is based on sponsorship apps. Not the same thing.

 

[Sarahannclarke5]

Hi codepink! I just saw a post similar to your own that was posted. Just giving you a heads up in case you need to do the same. Maybe write a letter of explanation in case they need it. This is the members post regarding their experience so far:

Dear Members,

I have applied under the new family pilot program of IRCC for undeclared family members to sponsor my undeclared son. I was sponsored as a spouse but I had not declared my son from my previous marriage while coming to Canada, hence his inadmissibility led us to apply under this program. We received sponsorship approval on 22nd November, then my son received medical request and passed on 12th of December, and then today we received a procedural fairness letter stating:

"Dear xxx,
I note that in your own application for immigration to Canada, you were a dependent of your spouse XXXX. You listed two children in said application: XXXX and XXXX.

However, you did not disclose that you had a son XXXXX (age 16 at the time) from a previous marriage, much less had him examined as a non-accompanying dependent.

Paragraph R117(9)(d) states that:

A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

Before I make a final decision, you may submit additional information/explanation relating to this issue.

You have 60 days from the date of this letter to do so. Please ensure that you quote the application number indicated at the top of this letter on any information you submit.

If you choose not to respond with additional information, I will make my decision based on the information before me, which may result in the refusal of your application."

I am not sure why this letter was sent when I have received Sponsorship Approval and am eligible to sponsor my son under the pilot program? Possible they have made a mistake or what? Any suggestions would be appreciated, the situation is very surprising to me as I am very familiar with the Immigration regulations.

 

[codepink]

Hi codepink! I just saw a post similar to your own that was posted. Just giving you a heads up in case you need to do the same. Maybe write a letter of explanation in case they need it. This is the members post regarding their experience so far:

Dear Members,

I have applied under the new family pilot program of IRCC for undeclared family members to sponsor my undeclared son. I was sponsored as a spouse but I had not declared my son from my previous marriage while coming to Canada, hence his inadmissibility led us to apply under this program. We received sponsorship approval on 22nd November, then my son received medical request and passed on 12th of December, and then today we received a procedural fairness letter stating:

"Dear xxx,
I note that in your own application for immigration to Canada, you were a dependent of your spouse XXXX. You listed two children in said application: XXXX and XXXX.

However, you did not disclose that you had a son XXXXX (age 16 at the time) from a previous marriage, much less had him examined as a non-accompanying dependent.

Paragraph R117(9)(d) states that:

A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

Before I make a final decision, you may submit additional information/explanation relating to this issue.

You have 60 days from the date of this letter to do so. Please ensure that you quote the application number indicated at the top of this letter on any information you submit.

If you choose not to respond with additional information, I will make my decision based on the information before me, which may result in the refusal of your application."

I am not sure why this letter was sent when I have received Sponsorship Approval and am eligible to sponsor my son under the pilot program? Possible they have made a mistake or what? Any suggestions would be appreciated, the situation is very surprising to me as I am very familiar with the Immigration regulations.

Hello, I appreciate that you forward this to me. Thank you very much! Made me nervous though. Would you be able to tell me her name here in the forum so I can private message her for any questions that I have?

 

[andrew3081]

Is your father's name on the half sister's birth certificate? For illegitimate child in Philippines, some mothers do not put the father's name on the child's birth certificate.

Also, if the half sister have her PR approved, your father still need to satisfy Philippine law and get proper travel clearance from DSWD for the half sister to exit Philippines since the mother is not accompanying the child.

 

[Sarahannclarke5]

Hello, I appreciate that you forward this to me. Thank you very much! Made me nervous though. Would you be able to tell me her name here in the forum so I can private message her for any questions that I have?

No problem. The name is ahk5153. Im just wishing the best for you and would rather be proactive just in case.

 

[codepink]

Is your father's name on the half sister's birth certificate? For illegitimate child in Philippines, some mothers do not put the father's name on the child's birth certificate.

Also, if the half sister have her PR approved, your father still need to satisfy Philippine law and get proper travel clearance from DSWD for the half sister to exit Philippines since the mother is not accompanying the child.

Yes he is in the birth certificate. And yes we have already got DSWD clearance, affidavits from mom, non accompanying signed by her mom and was all sent into the application.

 

[codepink]

No problem. The name is ahk5153. Im just wishing the best for you and would rather be proactive just in case.

I don’t know how to search him here

 

[Sarahannclarke5]

I don’t know how to search him here

@ahk5153 click on the name, then click message

 

[Samkazi3022]

@ahk5153 click on the name, then click message

Hi there i have same case here pls help im under economic category i applied for this pilot without knowing i am not eligible

 

[Samkazi3022]

Hmm. We’ve sent the application in Nov 15th and the Sponsor has been approved to sponsor the child. Child’s medical has been passed and application has been transferred to local visa office for further processing.

hi there did u get visa for your hlf sister?