New Pilot Program for Undeclared Dependants

[faith923]

Hello all! I hope someone could give me advise on my case. My partner is sponsoring me and my daughter through the pilot program of undeclared dependent. My partner came to Canada 2013 through sponsorship of his ex wife in which he was not able to declare our child since our relationship was taboo. In 2018, they eventually filed for a divorce. I arrived in Canada as international student 2018. Our daughter is still in our home country until now.

Our application under the pilot program was submitted Nov. 2020. My medical was confirmed Nov. 2021. But in Dec 2021 we received a letter stating that my partner misrepresented and might have maintained the relationship with his wife for the sole purpose of obtaining status in Canada. We submitted our explaination letter Dec. 2021.

Jan 2022, we received communication saying that our application is transferred to Calgary VO for further assessment.

can someone answer if this is a red flag?My thought is if it was totally refused, they should have just not transferred it to another office and right then refused it.Or Maybe they want to further investigate before refusing? My problem is how many months and years will it take them to respond and decide? It is agonizing as I am away from my daughter since 2018 and I cannot leave Canada or else I can't re-enter. Another question, is it better for us to just withdraw the application and rather I will apply again to another stream as I graduated here as international student I might hve a chance to qualify for another stream? And If we withdraw the application, will they still look into my partner's status knowing that he did not declare our daughter and have him deported because of their knowledge from our previous application?

i hope someone can advise me and help me. Thank you so much!

 

[scylla]

Hello all! I hope someone could give me advise on my case. My partner is sponsoring me and my daughter through the pilot program of undeclared dependent. My partner came to Canada 2013 through sponsorship of his ex wife in which he was not able to declare our child since our relationship was taboo. In 2018, they eventually filed for a divorce. I arrived in Canada as international student 2018. Our daughter is still in our home country until now.

Our application under the pilot program was submitted Nov. 2020. My medical was confirmed Nov. 2021. But in Dec 2021 we received a letter stating that my partner misrepresented and might have maintained the relationship with his wife for the sole purpose of obtaining status in Canada. We submitted our explaination letter Dec. 2021.

Jan 2022, we received communication saying that our application is transferred to Calgary VO for further assessment.

can someone answer if this is a red flag?My thought is if it was totally refused, they should have just not transferred it to another office and right then refused it.Or Maybe they want to further investigate before refusing? My problem is how many months and years will it take them to respond and decide? It is agonizing as I am away from my daughter since 2018 and I cannot leave Canada or else I can't re-enter. Another question, is it better for us to just withdraw the application and rather I will apply again to another stream as I graduated here as international student I might hve a chance to qualify for another stream? And If we withdraw the application, will they still look into my partner's status knowing that he did not declare our daughter and have him deported because of their knowledge from our previous application?

i hope someone can advise me and help me. Thank you so much!

The application has been sent to the other officer for closer review because of the issues IRCC has uncovered with your application. Assuming your partner is your daughter's father, this is a very problematic situation because it indicates the two of you were in a relationship, then he was sponsored by someone else to Canada (where he hid his child and potentially your relationship in the application), then divorced his sponsor, and is now trying to bring the two of you here. That has all the signs of a MOC and hopefully you submitted a strong response with evidence to the Dec 2021 letter to prove otherwise. It makes sense IRCC has concerns and is investigating him for misrepresentation and for obtaining PR through fraud.

None of us can tell you how long it will take to get a decision. This is a very complicated situation.

It's too late to withdraw the application now that IRCC has identified a potential misrepresentation. IRCC won't let you do that now. They will investigate until they make a decision on the misrepresentation concerns.

Yes, if you qualify under an economic immigration program, I would definitely submit a separate application under that stream. Yes, they will still look into your partner and the misrepresentation concerns. As said, it's too late to withdraw the sponsorship application now that IRCC has identified a potential misrepresentation.

 

[Rag911]

Hello all! I hope someone could give me advise on my case. My partner is sponsoring me and my daughter through the pilot program of undeclared dependent. My partner came to Canada 2013 through sponsorship of his ex wife in which he was not able to declare our child since our relationship was taboo. In 2018, they eventually filed for a divorce. I arrived in Canada as international student 2018. Our daughter is still in our home country until now.

Our application under the pilot program was submitted Nov. 2020. My medical was confirmed Nov. 2021. But in Dec 2021 we received a letter stating that my partner misrepresented and might have maintained the relationship with his wife for the sole purpose of obtaining status in Canada. We submitted our explaination letter Dec. 2021.

Jan 2022, we received communication saying that our application is transferred to Calgary VO for further assessment.

can someone answer if this is a red flag?My thought is if it was totally refused, they should have just not transferred it to another office and right then refused it.Or Maybe they want to further investigate before refusing? My problem is how many months and years will it take them to respond and decide? It is agonizing as I am away from my daughter since 2018 and I cannot leave Canada or else I can't re-enter. Another question, is it better for us to just withdraw the application and rather I will apply again to another stream as I graduated here as international student I might hve a chance to qualify for another stream? And If we withdraw the application, will they still look into my partner's status knowing that he did not declare our daughter and have him deported because of their knowledge from our previous application?

i hope someone can advise me and help me. Thank you so much!

Hi there, I am afraid this is indeed a red flag, if the officer thinks your husband stayed with his ex wife for the purpose of getting a residency in Canada, it will be extremely difficult to prove them otherwise especially that he stayed with her till 2018, which is probably the time he needed to become a Canadian citizen.
You need to address the officer's concerns with facts, so every 'reason' you give in your letter must be supported with a fact or a law. I really think you need a lawyer for your case, its a little too complicated for anyone to help.

 

[faith923]

The application has been sent to the other officer for closer review because of the issues IRCC has uncovered with your application. Assuming your partner is your daughter's father, this is a very problematic situation because it indicates the two of you were in a relationship, then he was sponsored by someone else to Canada (where he hid his child and potentially your relationship in the application), then divorced his sponsor, and is now trying to bring the two of you here. That has all the signs of a MOC and hopefully you submitted a strong response with evidence to the Dec 2021 letter to prove otherwise. It makes sense IRCC has concerns and is investigating him for misrepresentation and for obtaining PR through fraud.

None of us can tell you how long it will take to get a decision. This is a very complicated situation.

It's too late to withdraw the application now that IRCC has identified a potential misrepresentation. IRCC won't let you do that now. They will investigate until they make a decision on the misrepresentation concerns.

Yes, if you qualify under an economic immigration program, I would definitely submit a separate application under that stream. Yes, they will still look into your partner and the misrepresentation concerns. As said, it's too late to withdraw the sponsorship application now that IRCC has identified a potential misrepresentation.

Thank you for the response. Yes, our situation is tough. We applied under the pilot program and was advised by the consultant that we hired to process that she said our situation is okay. Our bad because we fully trusted her our application. I think she did not studied our situation and just said it is okay for us to apply. If I apply under a different PR stream should I still be including my partner on that application? Because I think I will still have to declare on a that application my family. Thank you in advance

 

[faith923]

Hi there, I am afraid this is indeed a red flag, if the officer thinks your husband stayed with his ex wife for the purpose of getting a residency in Canada, it will be extremely difficult to prove them otherwise especially that he stayed with her till 2018, which is probably the time he needed to become a Canadian citizen.
You need to address the officer's concerns with facts, so every 'reason' you give in your letter must be supported with a fact or a law. I really think you need a lawyer for your case, its a little too complicated for anyone to help.

We draft the letter ourselves. We asked our consultant if we should hire a lawyer for it but she said no need. What she just added on the letter is referencing 125 (1)(d) of the Immigration and Refugee Protection Regulations. Our bad is we trusted her words, full trust. Would it be beneficial we I get the GCMS notes? Thank you in advance

 

[scylla]

Thank you for the response. Yes, our situation is tough. We applied under the pilot program and was advised by the consultant that we hired to process that she said our situation is okay. Our bad because we fully trusted her our application. I think she did not studied our situation and just said it is okay for us to apply. If I apply under a different PR stream should I still be including my partner on that application? Because I think I will still have to declare on a that application my family. Thank you in advance

Your partner is already a PR and cannot be included as a dependent in your economic immigration application.

I assume you still have valid status in Canada. That would be a requirement to apply under an economic immigration stream.

Good luck.

 

[scylla]

We draft the letter ourselves. We asked our consultant if we should hire a lawyer for it but she said no need. What she just added on the letter is referencing 125 (1)(d) of the Immigration and Refugee Protection Regulations. Our bad is we trusted her words, full trust. Would it be beneficial we I get the GCMS notes? Thank you in advance

Sadly your consultant gave you really terrible advice. You really needed to be working with a lawyer given the complexity of your situation. And the letter you sent really needed to be done with a lawyer's advice (again, given the complexity of your situation and the seriousness of IRCC's accusations). Anyway, what's done is done. Yes, I would definitely order GCMS notes. I believe they are taking around 90 days to arrive right now so you have a bit of a wait. Request them immediately. Do that yourselves and not through your consultant. Your consultant is useless.

 

[Rag911]

We draft the letter ourselves. We asked our consultant if we should hire a lawyer for it but she said no need. What she just added on the letter is referencing 125 (1)(d) of the Immigration and Refugee Protection Regulations. Our bad is we trusted her words, full trust. Would it be beneficial we I get the GCMS notes? Thank you in advance

Yes ordering the notes are definitely useful so you can see exactly what are the concerns raised by the officers and if they intend to investigate your partner, this probably depends on how well you answered the PFL. Applying through the undeclared family program is better than trying to hide the relationship through another immigration stream because IRCC will discover it sooner or later and the same penalties will apply whether its now or in 10 years. My advice to you is that you have to read about your case and similar cases in all the places you can find information. I also suggest that you get a good lawyer who have worked similar cases before.

 

[Rag911]

We draft the letter ourselves. We asked our consultant if we should hire a lawyer for it but she said no need. What she just added on the letter is referencing 125 (1)(d) of the Immigration and Refugee Protection Regulations. Our bad is we trusted her words, full trust. Would it be beneficial we I get the GCMS notes? Thank you in advance

Something else, I hate to be negative but qualifying for the undeclared family program has a very important requirement which is not affecting the previous immigration decision for your spouse. In your case, had your spouse declared you and your child in his application, it would have meant that his relationship with his ex wife is not genuine and the officer would have refused his PR application based on that. This sadly means that there is very big chance that you don't qualify for the public policy.

 

[faith923]

The application has been sent to the other officer for closer review because of the issues IRCC has uncovered with your application. Assuming your partner is your daughter's father, this is a very problematic situation because it indicates the two of you were in a relationship, then he was sponsored by someone else to Canada (where he hid his child and potentially your relationship in the application), then divorced his sponsor, and is now trying to bring the two of you here. That has all the signs of a MOC and hopefully you submitted a strong response with evidence to the Dec 2021 letter to prove otherwise. It makes sense IRCC has concerns and is investigating him for misrepresentation and for obtaining PR through fraud.

None of us can tell you how long it will take to get a decision. This is a very complicated situation.

It's too late to withdraw the application now that IRCC has identified a potential misrepresentation. IRCC won't let you do that now. They will investigate until they make a decision on the misrepresentation concerns.

Yes, if you qualify under an economic immigration program, I would definitely submit a separate application under that stream. Yes, they will still look into your partner and the misrepresentation concerns. As said, it's too late to withdraw the sponsorship application now that IRCC has identified a potential misrepresentation.

UPDATE:
Hello all! I just want to give you update regrding my case. We just consulted with an immigration lawyer and have asked him to represent us. Yes, the same thing he said that our situtation is complicated and the immigration is going after my partner for the reason of misrepresentation and most especially the reason that his relationship with his ex-wife was not legitimate when he came to Canada. The lawyer told us that they will communicate with the local IRCC office regarding the status and we will submit Statutoroy Declaration signed by his ex-wife proving that their relationship is legit when he came here. We were told that as I came here as an international student, the immigration has no reason to include me on the alegation that we use his ex-wife so I can come here too.

i was just confused when I asked him if I can apply into another PR stream such as express entry. He told me I can but I need to have no ties with partner. I am just confuse why. I was not able to further ask him why I can't apply now and why do I have to cut ties like be separated before my application for PR in different stream can be successful. There were so many information during the consultation and I was overwhelmed that I wasn't able to think and ask him further why I have to cut ties with my prtner first if I will apply into another PR stream in order for it to be successful .

i will appreciate your opinion and thoughts on this guys. Thank you in advance.

 

[scylla]

UPDATE:
Hello all! I just want to give you update regrding my case. We just consulted with an immigration lawyer and have asked him to represent us. Yes, the same thing he said that our situtation is complicated and the immigration is going after my partner for the reason of misrepresentation and most especially the reason that his relationship with his ex-wife was not legitimate when he came to Canada. The lawyer told us that they will communicate with the local IRCC office regarding the status and we will submit Statutoroy Declaration signed by his ex-wife proving that their relationship is legit when he came here. We were told that as I came here as an international student, the immigration has no reason to include me on the alegation that we use his ex-wife so I can come here too.

i was just confused when I asked him if I can apply into another PR stream such as express entry. He told me I can but I need to have no ties with partner. I am just confuse why. I was not able to further ask him why I can't apply now and why do I have to cut ties like be separated before my application for PR in different stream can be successful. There were so many information during the consultation and I was overwhelmed that I wasn't able to think and ask him further why I have to cut ties with my prtner first if I will apply into another PR stream in order for it to be successful .

i will appreciate your opinion and thoughts on this guys. Thank you in advance.

You need to ask the lawyer this question.

My guess is that he is thinking of the scenario where IRCC pursues your partner for misrepresentation, revokes his PR status and then gives him a misrepresentation ban. If that happens, then you won't be able to apply for PR for a period of five years through any immigration stream since your partner will be inadmissible and this will impact the whole application and make you inadmissible as well.

 

[Egna7711]

UPDATE:
Hello all! I just want to give you update regrding my case. We just consulted with an immigration lawyer and have asked him to represent us. Yes, the same thing he said that our situtation is complicated and the immigration is going after my partner for the reason of misrepresentation and most especially the reason that his relationship with his ex-wife was not legitimate when he came to Canada. The lawyer told us that they will communicate with the local IRCC office regarding the status and we will submit Statutoroy Declaration signed by his ex-wife proving that their relationship is legit when he came here. We were told that as I came here as an international student, the immigration has no reason to include me on the alegation that we use his ex-wife so I can come here too.

i was just confused when I asked him if I can apply into another PR stream such as express entry. He told me I can but I need to have no ties with partner. I am just confuse why. I was not able to further ask him why I can't apply now and why do I have to cut ties like be separated before my application for PR in different stream can be successful. There were so many information during the consultation and I was overwhelmed that I wasn't able to think and ask him further why I have to cut ties with my prtner first if I will apply into another PR stream in order for it to be successful .

i will appreciate your opinion and thoughts on this guys. Thank you in advance.

i am wondering how much the lawyer is charging for your case