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Application for permanent resident visa

Raykmz

Newbie
Jul 21, 2023
2
0
Please can someone help and advise me on what to do this was the email I got stating that my son is not my biological child when truthfully he is my biological child I'm in Canada now and my wife is Canadian and sponsoring my son for our PR I'm so confused right now!


Dear Raymond



This refers to your application for a permanent residence visa in which you included

[Prince ] as your dependent child.



Subsection 1(3) of the Immigration and Refugee Protection Regulationsstates:



For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and these Regulations, “family member” in respect of a person means:

(a) the spouse or common-law partner of the person;

(b) a dependent child of the person or of the person’s spouse or common-law partner; and

(c) a dependent child of a dependent child referred to in paragraph (b)



A dependent child is defined in the Immigration and Refugee Protection Regulations in section 2:





2. dependent child, in respect of a parent, means a child who

(a) has one of the following relationships with the parent, namely,



(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

(ii) is the adopted child of the parent; and



(b) is in one of the following situations of dependency, namely,

(i) is less than 22 years of age and is not a spouse or common-law partner, or

(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)



Based on the documents submitted in this application, I am not satisfied that Prince is the biological child of Principal Applicant Raymond


Since [Prince is not your dependent child according to the Regulations, he cannot be included in your permanent resident visa application and he has been deleted from this application.

We have advised Case Processing Centre - Mississauga, the office that processes sponsorship applications in Canada, of this removal. There is no right of appeal for removed dependant children who are ineligible.

In light of the above information, please advise if you are still willing to continue with your application. You may respond to this office in writing within 60 days of the date of this letter.

Your sponsor cannot appeal this decision since there has been no family class refusal.



Thank you for the interest you have shown in Canada.



Sincerely,





Immigration Officer

Immigration Section
 

scylla

VIP Member
Jun 8, 2010
97,499
23,260
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Please can someone help and advise me on what to do this was the email I got stating that my son is not my biological child when truthfully he is my biological child I'm in Canada now and my wife is Canadian and sponsoring my son for our PR I'm so confused right now!


Dear Raymond



This refers to your application for a permanent residence visa in which you included

[Prince ] as your dependent child.



Subsection 1(3) of the Immigration and Refugee Protection Regulationsstates:



For the purposes of the Act, other than section 12 and paragraph 38(2)(d), and these Regulations, “family member” in respect of a person means:

(a) the spouse or common-law partner of the person;

(b) a dependent child of the person or of the person’s spouse or common-law partner; and

(c) a dependent child of a dependent child referred to in paragraph (b)




A dependent child is defined in the Immigration and Refugee Protection Regulations in section 2:





2. dependent child, in respect of a parent, means a child who

(a) has one of the following relationships with the parent, namely,



(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent, or

(ii) is the adopted child of the parent; and



(b) is in one of the following situations of dependency, namely,

(i) is less than 22 years of age and is not a spouse or common-law partner, or

(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition. (enfant à charge)



Based on the documents submitted in this application, I am not satisfied that Prince is the biological child of Principal Applicant Raymond


Since [Prince is not your dependent child according to the Regulations, he cannot be included in your permanent resident visa application and he has been deleted from this application.

We have advised Case Processing Centre - Mississauga, the office that processes sponsorship applications in Canada, of this removal. There is no right of appeal for removed dependant children who are ineligible.

In light of the above information, please advise if you are still willing to continue with your application. You may respond to this office in writing within 60 days of the date of this letter.

Your sponsor cannot appeal this decision since there has been no family class refusal.



Thank you for the interest you have shown in Canada.



Sincerely,





Immigration Officer

Immigration Section
There's a reason why they think he is not your biological child based on the information you have submitted. There must be a reason for that. Do you know what it is? At this point I think you need to hire an immigration lawyer to help you.
 
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scylla

VIP Member
Jun 8, 2010
97,499
23,260
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
So they just rejected your son without even asking you to do a dna test ?
My thoughts exactly. I feel there must be more to this story.
 
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Amiah_world

Hero Member
Nov 17, 2023
266
62
To add, my cousin filed for his son recently and he got this letter. So, to begin with they wouldn’t just say they are rejecting the application they’d atleast give you some chance to prove and in your case it would be paternity testing.. I actually sent this message to my cousin and he sent me a copy of his letter..







This refers to your declared child's application for permanent residence in Canada.


After reviewing the information provided in support of the application, I am not satisfied that there is sufficient evidence to prove the biological parent-child relationship between you and ___________________. This means the child may not meet the definition of a dependent child per section 2 of the Immigration and Refugee Protection Regulations (IRPR) and could lead to the refusal of this application.


Since the documentary evidence you have provided does not enable us to establish parentage between you and the child, in place of documentary evidence, we will accept the results of a DNA analysis carried out by a laboratory accredited by the Standards Council of Canada for DNA testing.


DNA tests are not mandatory.


You are responsible for the selection of an accredited laboratory in Canada and for the costs associated with sample taking, shipping, laboratory analysis and report submission. A list of accredited laboratories can be found at the following link:


https://www.scc.ca/en/scc-accredited-dna-testing-laboratories


Once you decide to undergo DNA testing and have contacted an accredited laboratory, the chosen laboratory will inform us directly that you are prepared to undertake testing.


Upon receipt of this notification, we will then schedule the child for sample collection at the High Commission of Canada in Kingston, Jamaica and send a letter advising of the date and time to present at the High Commission.


The following will be required for the child's appointment at the High Commission:


• A valid passport (or alternate official proof of identity)
Migration Office
High Commission of Canada in Jamaica
Website: www.canadainternational.gc.ca/jamaica-jamaique
 
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canuck78

VIP Member
Jun 18, 2017
58,745
14,522
Were children listed on previous immigration documentation or has been a very long period of time between when the child and parent have seen each other?