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Do we need to declare my husbands son from previous marriage on PR application

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
Hi,

My husband has a son from his previous marriage but do not have the custody. In a way the Son is taken care by the mother/grandparents. Are we supposed to declare him on the PR application. I am the principal applicant and have not mentioned his son on EE profile/OINP application.

Is this required to be declared anywhere throughout the PR process.
 

scylla

VIP Member
Jun 8, 2010
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19-08-2010
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28-06-2010
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01-10-2010
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05-10-2010
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Yes - it's absolutely required. You should have included him in the EE profile and OINP application. Failing to do so is misrepresentation.
 

artray

Hero Member
Jan 19, 2016
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Australia
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bootsal said:
Hi,

My husband has a son from his previous marriage but do not have the custody. In a way the Son is taken care by the mother/grandparents. Are we supposed to declare him on the PR application. I am the principal applicant and have not mentioned his son on EE profile/OINP application.

Is this required to be declared anywhere throughout the PR process.
As per my understanding - you need to declare him within your EE profile, but you do not need to apply for him as a dependant if you don't want to, since your husband doesn't have custody. If you don't declare him, then your husband will be unable to sponsor him at any time in the future and it is considered misrepresentation.
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
Is it possible for us to make amendments now to both EE and OINP applications. I havent received AOR as yet :(
My file is taken care by a consultant
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
artray said:
As per my understanding - you need to declare him within your EE profile, but you do not need to apply for him as a dependant if you don't want to, since your husband doesn't have custody. If you don't declare him, then your husband will be unable to sponsor him at any time in the future and it is considered misrepresentation.
Thanks for the reply.
So it becomes compulsory for us to declare him irrespective of him being non-dependent.
 

artray

Hero Member
Jan 19, 2016
212
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Australia
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NDVO/Sydney
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1123
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Pre-Assessed..
App. Filed.......
23 Feb
AOR Received.
24 Feb
Med's Done....
22 Feb
Passport Req..
14 June
VISA ISSUED...
23 June
LANDED..........
11 Jan
bootsal said:
Is it possible for us to make amendments now to both EE and OINP applications. I havent received AOR as yet :(
My file is taken care by a consultant
Yes, absolutely - your EE profile can be updated online and for your OINP application, you can send them an email with required attachments and letter of explanation. I did my application on my own, so I'm not aware of the role of a consultant; but if you are paying a consultant shouldn't this person know all this?
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
We all know what the consultants actually do. It was my bad I took help cause I had little or no time to do it myself. I have contacted them and waiting to see their advise.
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
My Consultant advised that the declaration is not required, as the EE profile asks information only for dependant children. Also OINP does not ask for this information.

I was also checking the CIC website and no where does it mention non-dependant children.


For now, I have no option to wait and watch. :(
 

HenrydS

Newbie
Jul 3, 2016
4
0
We're not that far with our application but I'm stuck on the same issue. My husband has three children from a previous marriage, he has no contact with them due to parental alienation from the ex wife, however we pay monthly maintenance. This, I suppose, makes them dependants. We will continue with maintenance payments until they reach the legal age, however, do we need to declare them on our application? If so, what other information will be required w.r.t the children, since I cannot foresee any cooperation from their mother. Perhaps we'll need a court order in this regard?
Advice will really be appreciated.
Thanks
 

Pippin

VIP Member
Mar 22, 2010
4,254
530
For those asking about including children who are not in their custody, you will find detailed Information about another case here:

http://www.canadavisa.com/canada-immigration-discussion-board/reasons-for-rejection-t306713.3780.html
# 3791 on page 253, and there is more discussion on prior pages.
 

HenrydS

Newbie
Jul 3, 2016
4
0
I found a great website in answer to non-accompanying children. Bottom line is they are relatives and they need to be declared, whether they will ever come to Canada or not. meurrensonimmigration.com/Non-accompanying Dependants and Medical Exams
 

bootsal

Hero Member
Nov 3, 2015
914
161
Category........
PNP
Visa Office......
New delhi
NOC Code......
1114
App. Filed.......
29/03/2017
Nomination.....
21/2/2017
AOR Received.
30/03/2017
File Transfer...
16/10/2017
Med's Done....
21/06/2018
VISA ISSUED...
29-01-2019
LANDED..........
21-02-2019
In my case, my husband is not paying for his kid, no custody and there are absolutely remote chances of his ex-wife and her parents entertaining any request from our side. Not sure if I should wait or proactively let them know of the situation. We have submitted his talaqnama with translation not sure if thats sufficient. Regarding the declaration to let go right to sponsor the kid, I guess my husband will be ready to do that.
 

Pippin

VIP Member
Mar 22, 2010
4,254
530
Research requirements in OP Manuals and official government websites. Also check out refusals and judgements on appeal cases. I have no experience with this issue apart from posts on this Forum, but from the refusal I quoted, it appears the onus is on the applicant to PROVE they have tried every possible way to OBTAIN X-rays and passports. Giving up custody doesn't appear to meet that standard. All the best.
 

ayesha21

Star Member
Oct 17, 2023
64
6
Hi,

My husband has a son from his previous marriage but do not have the custody. In a way the Son is taken care by the mother/grandparents. Are we supposed to declare him on the PR application. I am the principal applicant and have not mentioned his son on EE profile/OINP application.

Is this required to be declared anywhere throughout the PR process.

Hi, have u been able to move to Canada?