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CIC new Family Pilot for undeclared dependents.

ahk5153

Newbie
Jan 14, 2020
6
3
Were you married to your husband at the time he received his COPR? Or did you get married after he became a PR?

The reason why I'm asking this question is because if you were married to your husband when he went through the economic immigration process, this would explain the letter you've received. This would mean the failure to declare your dependent first happened in your husband's economic immigration application. Economic immigration is out of scope for the pilot. The fact you may have later immigrated through family class would be irrelevant since the failure to disclose the dependent would have already happened in the economic application. If this is the situation - the pilot can't fix that and you should be expecting a refusal.
Agreed. I missed the part in the original post that indicates OP may have been a dependent in an original EE app, in which case the pilot doesn't apply.
Just to clarify, the objection raised is about non declaration of child not regarding the eligibility of sponsor. The Mississauga VO cleared us and gave us the Sponsorship approval. The case is past medical exam even, my gut feeling is something went wrong in the understanding of the VO.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Just to clarify, the objection raised is about non declaration of child not regarding the eligibility of sponsor. The Mississauga VO cleared us and gave us the Sponsorship approval. The case is past medical exam even, my gut feeling is something went wrong in the understanding of the VO.
If the VO is correct in stating that "in your own application for immigration to Canada, you were a dependent of your spouse" AND your spouse applied, as the Principal Applicant, for PR via Express Entry, FSW, PNP or a similar economic immigration class, you are probably correct in receiving the PFL.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,553
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Visa Office......
London
App. Filed.......
06/12
Just to clarify, the objection raised is about non declaration of child not regarding the eligibility of sponsor. The Mississauga VO cleared us and gave us the Sponsorship approval. The case is past medical exam even, my gut feeling is something went wrong in the understanding of the VO.
You haven't answered the questions that would allow anyone to determine that. Were you included as a dependent in your husband's economic PR app?

If you were, then IRCC is referring to the non-declaration of the child in THAT original app, not the subsequent sponsorship app, and the pilot doesn't apply to you.
 
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ahk5153

Newbie
Jan 14, 2020
6
3
Hello everyone, been a while. However, wanted to update you guys with my case. After the PFL we sent back another explanation letter that our case is for the pilot program and not the mainstream family class sponsorship and that I was filed as the dependent of my husband all along on every step of my PR. We admitted we had undeclared child, and which is why we never filed any other case till this opportunity opened up. Long story short, as of 09.01.2020 my son got his COPR. PPR came last week. Thank you for your feedback on this thread!
 

msucanthave

Full Member
Nov 22, 2018
28
0
Dear Members,

I have applied under the new family pilot program of IRCC for undeclared family members to sponsor my undeclared son. I was sponsored as a spouse but I had not declared my son from my previous marriage while coming to Canada, hence his inadmissibility led us to apply under this program. We received sponsorship approval on 22nd November, then my son received medical request and passed on 12th of December, and then today we received a procedural fairness letter stating:

"Dear xxx,
I note that in your own application for immigration to Canada, you were a dependent of your spouse XXXX. You listed two children in said application: XXXX and XXXX.

However, you did not disclose that you had a son XXXXX (age 16 at the time) from a previous marriage, much less had him examined as a non-accompanying dependent.

Paragraph R117(9)(d) states that:

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

Before I make a final decision, you may submit additional information/explanation relating to this issue.

You have 60 days from the date of this letter to do so. Please ensure that you quote the application number indicated at the top of this letter on any information you submit.

If you choose not to respond with additional information, I will make my decision based on the information before me, which may result in the refusal of your application."

I am not sure why this letter was sent when I have received Sponsorship Approval and am eligible to sponsor my son under the pilot program? Possible they have made a mistake or what? Any suggestions would be appreciated, the situation is very surprising to me as I am very familiar with the Immigration regulations.

I'm going through the same thing. Sponsorship approved. Medicals are done. And they send me an email with a letter that says the same thing. They also said my application does not qualify for the public policy as I immigrated to Canada under an immigration category that is not included under the public policy. I was asked to provide evidence that my dependent was declared and was examined at the time which I cannot provide because he wasn't declared.
 

scylla

VIP Member
Jun 8, 2010
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Category........
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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..........
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I'm going through the same thing. Sponsorship approved. Medicals are done. And they send me an email with a letter that says the same thing. They also said my application does not qualify for the public policy as I immigrated to Canada under an immigration category that is not included under the public policy. I was asked to provide evidence that my dependent was declared and was examined at the time which I cannot provide because he wasn't declared.
If you immigrated to Canada through an economic immigration category then you do not qualify under the public policy. The public policy is only avaialble to those who immigrated through Canada through a refugee category or through family sponsorship (e.g. spousal sponsorship).

Baed on your previous posts is sounds like you immigrated to Canada as part of an economic immigration application under your mother. If that's the case, the public policy unfortunately does not apply to you which is why you have received the letter.
 

msucanthave

Full Member
Nov 22, 2018
28
0
If you immigrated to Canada through an economic immigration category then you do not qualify under the public policy. The public policy is only avaialble to those who immigrated through Canada through a refugee category or through family sponsorship (e.g. spousal sponsorship).

Baed on your previous posts is sounds like you immigrated to Canada as part of an economic immigration application under your mother. If that's the case, the public policy unfortunately does not apply to you which is why you have received the letter.
I looked at my COPR and in the category it said LC. I never knew I was sponsored in that category. My mother was the one who filled up everything and was not asked about anything in the course of the application. I don't know if my mother was aware of the consequences of not updating her application when my son was born. I'm paying the price because the pilot program I was hoping would solve my problem is useless to me. I was thinking of applying for H&C but I have no idea how to go about it. My son was just 2years old when I left him. He;s 7 now
 

scylla

VIP Member
Jun 8, 2010
95,812
22,090
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
I looked at my COPR and in the category it said LC. I never knew I was sponsored in that category. My mother was the one who filled up everything and was not asked about anything in the course of the application. I don't know if my mother was aware of the consequences of not updating her application when my son was born. I'm paying the price because the pilot program I was hoping would solve my problem is useless to me. I was thinking of applying for H&C but I have no idea how to go about it. My son was just 2years old when I left him. He;s 7 now
LC is live-in caregiver. This is an economic immigration stream and this is why you do not qualify under the pilot program. Unfortunately the letter you have received from IRCC is correct. Unfortunately it doesn't matter if your mother was aware of the consequences or not.

To the best of my knowledge H&C would only be possible if your son was physically in Canada. But even then, I think the chances would unfortunately be very low since your son is not recognized as a family member who can be sponsored since he wasn't declared in your mother's application.

If you have the money, I would get a consult with a very good immigration lawyer.
 

msucanthave

Full Member
Nov 22, 2018
28
0
I was a minor when my mother submitted her application, meaning she was the one who filled up all the paper work. I didn’t get the chance to declare my son in her application. I guess my only chance would’ve been when I landed in Canada and was asked if i have any dependents and i said no. I sincerely had no idea how messy this could be since i was told that i can get him here whenever i’m ready since I’m already a PR. My mistake is that I was young and stupid who got pregnant at 16 and trusted my mother who only went home 4 times in 19 years of my existence and was absolutely against me having to continue with the pregnancy. It’s heartbreaking because its my son who suffers the most with this consequence.
 

armoured

VIP Member
Feb 1, 2015
17,154
8,801
I was a minor when my mother submitted her application, meaning she was the one who filled up all the paper work. I didn’t get the chance to declare my son in her application. I guess my only chance would’ve been when I landed in Canada and was asked if i have any dependents and i said no. I sincerely had no idea how messy this could be since i was told that i can get him here whenever i’m ready since I’m already a PR. My mistake is that I was young and stupid who got pregnant at 16 and trusted my mother who only went home 4 times in 19 years of my existence and was absolutely against me having to continue with the pregnancy. It’s heartbreaking because its my son who suffers the most with this consequence.
I have sympathy for your situation but the advice above really is the best: you need to speak to a lawyer. Do as much research as you can (including here) but it is not an easy case.
 

lhaye630

Newbie
Jan 21, 2021
3
0
Any updates on your application? As i am planning to sponsor my daughter (undeclared) . Reading how this pilot program works seems complicated. There are hesitations i am feeling but still wanted to pursue.
 

ahk5153

Newbie
Jan 14, 2020
6
3
Any updates on your application? As i am planning to sponsor my daughter (undeclared) . Reading how this pilot program works seems complicated. There are hesitations i am feeling but still wanted to pursue.
My son's application got approved. The process took about a year from the opening of our application packet till my son's landing in Canada. There is no harm in pursuing it if you can build the case on the outlines given by IRCC. Best of luck, keep reading about it and feel free to shoot a message.
 

Samkazi3022

Newbie
Feb 8, 2021
8
1
Hello everyone, been a while. However, wanted to update you guys with my case. After the PFL we sent back another explanation letter that our case is for the pilot program and not the mainstream family class sponsorship and that I was filed as the dependent of my husband all along on every step of my PR. We admitted we had undeclared child, and which is why we never filed any other case till this opportunity opened up. Long story short, as of 09.01.2020 my son got his COPR. PPR came last week. Thank you for your feedback on this thread!
i have same case here i also received same letter can u pls help me pls
 

Samkazi3022

Newbie
Feb 8, 2021
8
1
I'm going through the same thing. Sponsorship approved. Medicals are done. And they send me an email with a letter that says the same thing. They also said my application does not qualify for the public policy as I immigrated to Canada under an immigration category that is not included under the public policy. I was asked to provide evidence that my dependent was declared and was examined at the time which I cannot provide because he wasn't declared.
i have same case please help here