Can I sponsor my step daughter if we didn't list her as non -accompanied

[aasta98]

I sponsored my husband 10 years ago and at the time we didn't list his daughter as a non-accompanied child as the legal guardian wouldn't let us.
Now she's 15 and having problems and I want her to move here. Can I sponsor her or are we out of luck?
Do I have to adopt her then?
What are our options?

 

[Amalthea]

I'm going to let a senior answer, because I'm not sure, but wouldn't this be considered misrepresentation?

 

[zardoz]

I sponsored my husband 10 years ago and at the time we didn't list his daughter as a non-accompanied child as the legal guardian wouldn't let us.
Now she's 15 and having problems and I want her to move here. Can I sponsor her or are we out of luck?
Do I have to adopt her then?
What are our options?

I'm sorry but the answer is almost certainly no. Two things are relevant here.
1) Your husband possibly committed the offence of misrepresentation by not declaring her as a dependant, unless the legal guardian had sole custody.
2) Because she was not declared and examined, she falls under IRPR 117(9)(d) and is barred from Family Class sponsorship by your husband or yourself.

 

[aasta98]

No we didn't misrepresent. The step daughter was listed and the govt knew about her, we chose to file the sponsorship papers without adding her as a non-accompanying child.
The guardian has sole custody and won't do the medical etc.
can I sponsor her now under a different category or if the guardian loses custody and she becomes a ward of the state can we then reapply?

 

[truesmile]

It may not be misrepresentation, but since she was not examined, she is excluded from the Family Class.

 

[aasta98]

Is there an exception is she is removed from the guardians care and has no other home to go to?

 

[zardoz]

Is there an exception is she is removed from the guardians care and has no other home to go to?

Extremely unlikely. You would have been informed of the consequences of not including her in the application when your husband applied for PR. Given the circumstances described, I'm not sure that even an H&C exemption could be requested if you did apply to sponsor her. Time to involve an Immigration Lawyer but don't get your hopes up.

 

[truesmile]

Be wary of any lawyer that says you have a shot. You could wait for PMM to chime in, and take his word as gospel.

 

[aasta98]

Thank you very much for your replies.

 

[canadianwoman]

You say the child was 'listed' and 'the government knew about her'. But she was not examined. What does this mean exactly? Did your husband include the fact he had a child on his forms, but explain that the mother would not let her be examined? If this is the case, usually the government demands several times that one gets the child examined, and if the immigrant insists that it is not possible, the government has the immigrant sign a statement saying he understands by not having the child examined he knows that he will never be able to sponsor her in the future. Did your husband sign such a document?

If he did, there is no chance to sponsor her. Humanitarian and compassionate grounds only work when a person is a member of the family class, and by not having her examined, she is excluded from the family class.

However, occasionally the visa officer processing the file will say you don't have to have the child examined. If this occurred, then it is possible to sponsor her.

 

[Sheps]

I might not understand the whole TRP process, but...

Couldn't you:

- Apply for Visitor Visa (Will most likely be denied because of "lack of ties in home country")
- Apply for TRP based on Visitor Visa denial (H&C Grounds for family reunification)
- Wait x years (Not sure of the requirement)
- Apply for PR based on TRP


I can't find much information on PR for TRP holders, but it is apparently a "stream", just a well hidden one.


Edit: Removed last line, I AM A IDIOT