Child not initially declared

[tink23]

Hello,

I'm trying to help a woman whose husband was denied to sponsor his daughter. The reason for denial is because he didn't declare her before landing as a PR. I have told her that the daughter is now not considered part of the family class because she was never declared. Chances are she can never be sponsored. Does anyone know where in the guides or on the cic website where there is information stating this, so that she can read it? Also, maybe information on humanitarian and compassionate grounds? I searched the cic site, but my search wasn't effective because the only thing coming up were the guides on how to sponsor a dependent. Thank you.

 

[Manoh]

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

that is the infos

 

[canuck_in_uk]

Hi

The law as per IRPA: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/section-117.html

R117(9)(d)

Excluded relationships

(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if

(d) subject to subsection (10), 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.


And as explained by CIC in Section 5.12 of this manual http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf.


Unless there are significant H&C grounds, there is no chance that he will be able to sponsor his child. They are very strict about enforcing this law.

 

[tink23]

Thanks Canuck in uk. That's what I was looking for. I'm also going to try and find some appeal cases on canlii dealing with the same matter for a child.

 

[scylla]

Thanks Canuck in uk. That's what I was looking for. I'm also going to try and find some appeal cases on canlii dealing with the same matter for a child.

There are some cases where appeals have been successfull. If I remember correctly, these are cases where the parent was able to prove they didn't know about the existence of the child when they immigrated (obviously this would only work for a father). But this situation does tend to be pretty difficult to argue and unfortunately they are most likely out of luck.

 

[tink23]

There are some cases where appeals have been successfull. If I remember correctly, these are cases where the parent was able to prove they didn't know about the existence of the child when they immigrated (obviously this would only work for a father). But this situation does tend to be pretty difficult to argue and unfortunately they are most likely out of luck.

Ok thanks. I will let her know.

The situation seems weird. Baby was born during the process and not declared before father landed. Apparently they had separated earlier, then gotten back together and filed sponsorship, then baby was born to the other woman. Now the child is 7.

I will let her know this... And search for some appeals about it too. Thank you.

 

[scylla]

Ok thanks. I will let her know.

The situation seems weird. Baby was born during the process and not declared before father landed. Apparently they had separated earlier, then gotten back together and filed sponsorship, then baby was born to the other woman. Now the child is 7.

I will let her know this... And search for some appeals about it too. Thank you.

Ah - that's too bad. They are probably out of luck then. But I guess it's always worth a shot...