CIC new Family Pilot for undeclared dependents.

[ahk5153]

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.

 

[Sarahannclarke5]

I had concerns about this exact situation a few days ago and mentioned that this may be a consequence to this pilot program.
On the website it states if the dependant would make the sponsor inadmissable, they cannot apply. Depending on these situations my opinion is this program is going to get very messy. Write a letter of explanation to explain your specific case. I wish you the best of luck.

 

[scylla]

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.

I would get a good immigration lawyer asap. This program is too new for any of us to help.

 

[canuck_in_uk]

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.

It would appear that the officer doesn't understand that you have applied under the pilot program. You need to respond with that information. You may also consider getting your MP involved to find out more info.

 

[canuck_in_uk]

I had concerns about this exact situation a few days ago and mentioned that this may be a consequence to this pilot program.
On the website it states if the dependant would make the sponsor inadmissable, they cannot apply. Depending on these situations my opinion is this program is going to get very messy. Write a letter of explanation to explain your specific case. I wish you the best of luck.

Not an exact situation. This has nothing to do with making the sponsor inadmissble or unable to have been sponsored in the first place. It is about the R117(9)(d) admissibility of the child.

 

[Sarahannclarke5]

Not an exact situation. This has nothing to do with making the sponsor inadmissble or unable to have been sponsored in the first place. It is about the R117(9)(d) admissibility of the child.

Actually the difference was that in the other case, the child was a product of a cheating spouse.
As this is a new pilot program, its difficult to say what the outcome will be. I said before that consulting a lawyer would be smart.
Im trying to be helpful to the poster and you jump down my throat for it. Id rather have poster be aware of situations that may arise. If you dont agree, you dont have to. The PFL was sent for a reason, and if you yourself did not send it, you cant say what the officer understands or doesnt. You stated previously that immigration knows people cheat, and its not an issue. Maybe in this case, if the child was born before the marriage it may not be an issue at all. But the best thing to do as ive said before and you didnt agree, was to seek advice from a lawyer. @scylla has mentioned this as well and i think its an appropriate idea.

 

[canuck_in_uk]

Actually the difference was that in the other case, the child was a product of a cheating spouse.
As this is a new pilot program, its difficult to say what the outcome will be. I said before that consulting a lawyer would be smart.
Im trying to be helpful to the poster and you jump down my throat for it. Id rather have poster be aware of situations that may arise. If you dont agree, you dont have to. The PFL was sent for a reason, and if you yourself did not send it, you cant say what the officer understands or doesnt. You stated previously that immigration knows people cheat, and its not an issue. Maybe in this case, if the child was born before the marriage it may not be an issue at all. But the best thing to do as ive said before and you didnt agree, was to seek advice from a lawyer. @scylla has mentioned this as well and i think its an appropriate idea.

I didnt jump down your throat. I simply pointed that this PFL has nothing to do with the original eligibility of the parent back when they were sponsored or whether the child could have made the sponsor ineligible to be sponsored themselves. Read the letter. It is only about R117(9)(d) admissibility of the child.

 

[babsizkil]

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.

I agree with other contributors to your thread. However, I will implore you to also look at some conditions below, where public policy exemption will not apply. If any is applicable or raise issue in your matter.

The public policy does not apply if the foreign national, if declared and examined at the time their sponsor immigrated to Canada, would have made their sponsor ineligible in the class under which the sponsor applied. For example, if the sponsor

• immigrated as a spouse, but was married to the current applicant when the sponsor became a permanent resident (that is, was in a bigamous or polygamous relationship)
• immigrated as a dependent child of a principal applicant (including an applicant in a refugee category) or as a dependent child under the family class, but did not declare their spouse or common-law partner, so that they could be considered as a dependent child
• would have had to meet financial requirements under the family class or the SCLPC class if the dependent children of a sponsored dependent child were disclosed
• came to Canada through a program that required them to have no dependants

 

[jddd]

"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.

Did you and your spouse receive your COPR at the same time?

Or did your spouse get COPR, landed in Canada to get PR and then sponsor you and your 2 declared children?

If you received COPR at the same time as your spouse then the pilot does not apply to you as it is most likely an economic immigration program your spouse applied to. This means you will most likely be correctly refused to sponsor your undeclared child.

If your spouse got COPR first, landed to become a PR and then sponsored you and your children, you should be able to sponsor your undeclared child. You would need to explain the timelines in a letter highlighting why you are eligible to sponsor the child under the elements given in the pilot program.

Best to speak with a lawyer as always but this is my own opinion.

 

[ahk5153]

Did you and your spouse receive your COPR at the same time?

Or did your spouse get COPR, landed in Canada to get PR and then sponsor you and your 2 declared children?

If you received COPR at the same time as your spouse then the pilot does not apply to you as it is most likely an economic immigration program your spouse applied to. This means you will most likely be correctly refused to sponsor your undeclared child.

If your spouse got COPR first, landed to become a PR and then sponsored you and your children, you should be able to sponsor your undeclared child. You would need to explain the timelines in a letter highlighting why you are eligible to sponsor the child under the elements given in the pilot program.

Best to speak with a lawyer as always but this is my own opinion.

Thanks for the replies everyone, I will try to explain more accordingly to your concerns. We will definitely talk to an immigration lawyer but this PFL makes the situation very confusing for anyone so any opinions are useful. If it would have made me inadmissible, my SA would not have come and my file would not have gone past VO Mississauga that approved my Sponsorship eligibility and sent it to New York Consulate, which is where my sons PR is being processed as he is studying in USA. Secondly I received COPR after my husband got COPR. He went to Canada first and I came after with my two children I had with him. My son for whom I have applied the sponsorship was from my previous marriage and we (my ex husband and I) were not on good terms to move forward with declaration of my son. It was a blunder but this pilot, which apparently should be helping us, is getting messy as someone said.

 

[jddd]

Thanks for the replies everyone, I will try to explain more accordingly to your concerns. We will definitely talk to an immigration lawyer but this PFL makes the situation very confusing for anyone so any opinions are useful. If it would have made me inadmissible, my SA would not have come and my file would not have gone past VO Mississauga that approved my Sponsorship eligibility and sent it to New York Consulate, which is where my sons PR is being processed as he is studying in USA. Secondly I received COPR after my husband got COPR. He went to Canada first and I came after with my two children I had with him. My son for whom I have applied the sponsorship was from my previous marriage and we (my ex husband and I) were not on good terms to move forward with declaration of my son. It was a blunder but this pilot, which apparently should be helping us, is getting messy as someone said.

Ok great. Not trying to be annoying here. Your husband got his COPR, landed and then sponsored you so you followed about a year later? Sometimes, people get the COPR at the same time but do not land as PRs at the same time, which is why I am clarifying. If this is indeed what happened, based on reading the guidelines of the pilot, you should be able to successfully sponsor your undeclared son.

 

[ahk5153]

Ok great. Not trying to be annoying here. Your husband got his COPR, landed and then sponsored you so you followed about a year later? Sometimes, people get the COPR at the same time but do not land as PRs at the same time, which is why I am clarifying. If this is indeed what happened, based on reading the guidelines of the pilot, you should be able to successfully sponsor your undeclared son.

Yes me and kids were sponsored later on. COPR received 2 different times, one for my husband only then for us.

 

[jddd]

Yes me and kids were sponsored later on. COPR received 2 different times, one for my husband only then for us.

If this were me, I would write a detailed letter first clarifying that I was NOT a dependent in the economic immigration application with timelines. I would then use the pilot guidelines point by point and explain why I meet it. Example:

the guideline says “(paste exact words from official site here)” and i meet this element because (write reason).

Doing this will also allow you to figure out if there is really an element of the guidelines that you have not met.

 

[scylla]

Thanks for the replies everyone, I will try to explain more accordingly to your concerns. We will definitely talk to an immigration lawyer but this PFL makes the situation very confusing for anyone so any opinions are useful. If it would have made me inadmissible, my SA would not have come and my file would not have gone past VO Mississauga that approved my Sponsorship eligibility and sent it to New York Consulate, which is where my sons PR is being processed as he is studying in USA. Secondly I received COPR after my husband got COPR. He went to Canada first and I came after with my two children I had with him. My son for whom I have applied the sponsorship was from my previous marriage and we (my ex husband and I) were not on good terms to move forward with declaration of my son. It was a blunder but this pilot, which apparently should be helping us, is getting messy as someone said.

Were you married to your husband at the time he received his COPR? Or did you get married after he became a PR?

The reason why I'm asking this question is because if you were married to your husband when he went through the economic immigration process, this would explain the letter you've received. This would mean the failure to declare your dependent first happened in your husband's economic immigration application. Economic immigration is out of scope for the pilot. The fact you may have later immigrated through family class would be irrelevant since the failure to disclose the dependent would have already happened in the economic application. If this is the situation - the pilot can't fix that and you should be expecting a refusal.

 

[canuck_in_uk]

Were you married to your husband at the time he received his COPR? Or did you get married after he became a PR?

The reason why I'm asking this question is because if you were married to your husband when he went through the economic immigration process, this would explain the letter you've received. This would mean the failure to declare your dependent first happened in your husband's economic immigration application. Economic immigration is out of scope for the pilot. The fact you may have later immigrated through family class would be irrelevant since the failure to disclose the dependent would have already happened in the economic application. If this is the situation - the pilot can't fix that and you should be expecting a refusal.

Agreed. I missed the part in the original post that indicates OP may have been a dependent in an original EE app, in which case the pilot doesn't apply.