Applying for children not included on original sponsorship application

[Playa08]

Hello, I am looking for advice on how to apply for permanent residency for children that weren't included on the original application. My friend came to Canada as a permanent resident but did not sponsor his kids at the time due to custody issues. He had to sign a letter stating they will never be eligible to be sponsored in the future. I am wondering if anyone else has been in this situation and if the letter can be revoked?

Thank you

 

[scylla]

Hello, I am looking for advice on how to apply for permanent residency for children that weren't included on the original application. My friend came to Canada as a permanent resident but did not sponsor his kids at the time due to custody issues. He had to sign a letter stating they will never be eligible to be sponsored in the future. I am wondering if anyone else has been in this situation and if the letter can be revoked?

Thank you

There's really nothing much he can do. Unfortunately the children are permanently excluded from being sponsored. By signing that letter and failing to include them in his application as dependents, they are no longer classified as family members for immigration purposes and can't be sponsored.

 

[Rob_TO]

What would be the point of having people sign that letter, if it can just be revoked later on??

Even in the most extreme circumstances (i.e. if the other spouse dies and kids are left alone), they still would not be able to be sponsored if they weren't declared and medically examined in the original app. This is a firm rule and there are countless court cases on record of IRCC not bending it for any situation.

The only possible workaround for this solution is for your friend to renounce his own PR status, leave Canada, and then apply for PR again completely from scratch. This time he would include his children as dependents.

 

[canuck_in_uk]

Hello, I am looking for advice on how to apply for permanent residency for children that weren't included on the original application. My friend came to Canada as a permanent resident but did not sponsor his kids at the time due to custody issues. He had to sign a letter stating they will never be eligible to be sponsored in the future. I am wondering if anyone else has been in this situation and if the letter can be revoked?

Thank you

Nothing has changed since the last time you posted this.

http://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-for-children-not-included-on-original-sponsorship-application.516543/

 

[Playa08]

Nothing has changed since the last time you posted this.

I realized I had posted in the business forum last time that's why I re-posted in the family class but thanks for commenting again.

http://www.canadavisa.com/canada-immigration-discussion-board/threads/applying-for-children-not-included-on-original-sponsorship-application.516543/

 

[Playa08]

What would be the point of having people sign that letter, if it can just be revoked later on??

Even in the most extreme circumstances (i.e. if the other spouse dies and kids are left alone), they still would not be able to be sponsored if they weren't declared and medically examined in the original app. This is a firm rule and there are countless court cases on record of IRCC not bending it for any situation.

The only possible workaround for this solution is for your friend to renounce his own PR status, leave Canada, and then apply for PR again completely from scratch. This time he would include his children as dependents.[/QUOTE

Thank you, that's what I thought. I just wanted some second opinions on how strict the rule is before paying for a lawyer to have it denied.

 

[canadianwoman]

The case is pretty much hopeless. However, I have seen one case where non-declared children were allowed to be sponsored. In that case, the father had been in Canada for many years, was very well established in the community, did a lot of volunteer work, got a lot of support from the community, and so on. If your friend has a similar level of involvement in the community, he might have a chance. He would need a very good immigration lawyer, and there would be no guarantees, because ordinarily these types of sponsorships fail.

 

[Rob_TO]

The case is pretty much hopeless. However, I have seen one case where non-declared children were allowed to be sponsored. In that case, the father had been in Canada for many years, was very well established in the community, did a lot of volunteer work, got a lot of support from the community, and so on. If your friend has a similar level of involvement in the community, he might have a chance. He would need a very good immigration lawyer, and there would be no guarantees, because ordinarily these types of sponsorships fail.

Would be interesting in that case to also see the details i.e. if he just didn't declare the kids and never told IRCC about them (or never knew about kids at the time), or if he signed an affidavit like the OP here that he was fully aware of the rule at the time and accepted the fact he could never sponsor them in the future.

By signing that letter, I would assume that closes the door 100% to ever sponsor, no matter the factors you mentioned.

 

[canadianwoman]

I'll try to find it. I did link it here on the forum at some point.