Family Sponsorship misrepresentation

[Malicel]

PLS HELP ME!!!. I would like to ask your opinion of my chance of winning my appeal. My husband did not declare our child during his sponsorship process ( misrepresentation) . Year 2005, my husband ( was still my boyfriend during that time) and his family started processing sposnsorship, year 2007, I gave birth to his child, but since my family won approve of him because he we were too young at that time and he doesnt have a work, my family did not acknowledge him as the father. we are not allowed to see each other after I got pregnant. During this time,because of this circumstance he did not updated his documents. Year 2012, their visa was approved and they went to Canada, a year later he went home in the Philippines and went back again 2015 and we got married. Here are some reasons of him not being able to declare his child * He and his family were not interviewed during their processing of family sponsorship * Ignorance * Conflict with my family . We are very sad now that we have been refused. Since the time my child was born, we did not have the chance of being together, After the marriage, we thought that it would be a happy ending. We feel so sad and sorry for our child, her chance of having an opportunity to be with his father was taken away. please, please help us. whoever could take time reading this. please!!!

 

[scylla]

There are basically two options:

1) Your husband gives up his PR status in Canada - then applies for PR from scratch (qualifying on his own - for example as a skilled worker) and includes you and your child in the application.

2) You apply to immigrate independently (e.g. as a skilled worker) and include the child as a dependent in your application.

 

[Malicel]

There are basically two options:

1) Your husband gives up his PR status in Canada - then applies for PR from scratch (qualifying on his own - for example as a skilled worker) and includes you and your child in the application.

2) You apply to immigrate independently (e.g. as a skilled worker) and include the child as a dependent in your application.

:-( that would take a long time

 

[Malicel]

There are basically two options:

1) Your husband gives up his PR status in Canada - then applies for PR from scratch (qualifying on his own - for example as a skilled worker) and includes you and your child in the application.

2) You apply to immigrate independently (e.g. as a skilled worker) and include the child as a dependent in your application.

are there no chances of us winning the appeal based on humanitarian and compassionate considerations? My husband wasnt able to be with our child since my child was born .

 

[Malicel]

:-( that would take a long time

IS there any chance of winning our appeal?based on the humanitarian and compassionate considerations? my husband never had the chance of being with our child since she was born

 

[LLAngel]

are there no chances of us winning the appeal based on humanitarian and compassionate considerations? My husband wasnt able to be with our child since my child was born .

I'm so sorry to hear this Malicel ....I really wish you good luck!

 

[Malicel]

I'm so sorry to hear this Malicel ....I really wish you good luck!

yes, my family wont approve of him when he was still here in the Philippines because he is unemployed and wasnt able to go to college, but now when he already had the opportunity to give me and my child a better future, and prove himself, this problem came

 

[Malicel]

There are basically two options:

1) Your husband gives up his PR status in Canada - then applies for PR from scratch (qualifying on his own - for example as a skilled worker) and includes you and your child in the application.

2) You apply to immigrate independently (e.g. as a skilled worker) and include the child as a dependent in your application.

how long will it usually take for IAD to schedule a hearing and make their decision?

 

[truesmile]

Really, there is NO chance to win this appeal. Precedents have been set, they're all there in the CANLII database for everyone to see. These appeals are all denied.

 

[Malicel]

Really, there is NO chance to win this appeal. Precedents have been set, they're all there in the CANLII database for everyone to see. These appeals are all denied.

Then may His will be done ...

 

[Malicel]

Really, there is NO chance to win this appeal. Precedents have been set, they're all there in the CANLII database for everyone to see. These appeals are all denied.

could you send me a link ? please?

 

[automaton82]

could you send me a link ? please?

I think they are referring to this:
https://www.canlii.org/en/ca/irb/

You can see all the decisions.

 

[truesmile]

Yes, and this thread would interest the OP also:

http://www.canadavisa.com/canada-immigration-discussion-board/ineligibility-issue-t245827.0.html

 

[canadianwoman]

One problem is that humanitarian and compassionate reasons are only considered once you have proved that the person concerned is a member of the family class as CIC defines it. And if someone does not declare their child - for whatever reason - then the child is not a member of the family class. The appeal cannot win.

Do as was suggested - get the education and experience needed to apply to immigrate on your own. You can then bring the child with you as your dependent or sponsor the child later. Your husband can help by funding your education.

 

[Malicel]

One problem is that humanitarian and compassionate reasons are only considered once you have proved that the person concerned is a member of the family class as CIC defines it. And if someone does not declare their child - for whatever reason - then the child is not a member of the family class. The appeal cannot win.

Do as was suggested - get the education and experience needed to apply to immigrate on your own. You can then bring the child with you as your dependent or sponsor the child later. Your husband can help by funding your education.

how about a DNA test? what if he doesnt know that he needs to update his documents? and they are not aware of the rules/definition of the member of thefamily class/ since they were not interviewed during the processing of their papers.