Family Sponsorship misrepresentation

[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 if my sponsorship will be approved and if i landed in Canada, is it possible for me to sponsor my child ? or maybe if she will be adopted by my husband's relatives in Canada

 

[MilesAway]

Ignorance of the rules is not an excuse. It is clearly stated in every letter as well as on your COPR that any dependents not declared are forever excluded from the family class. Sorry.

 

[canadianwoman]

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.

Men have lost appeals like this even when they had no idea they had a child and found out after they had already immigrated. DNA won't help here.
The problem is, when filling out the forms it clearly asks for details of all children, in several places.
In addition, when people get their visa and land in Canada, there will be a letter with the documents saying they must report all changes to their family; when landing, they have to fill in a form that asks about family.

Having the child be adopted won't work. CIC will view it as an adoption of convenience, and it will be rejected. To sponsor an adopted child, it has to be a real adoption where the ties with the child's biological parents have been ended. You don't want that.

When your husband sponsors you, all your dependents are included. You cannot omit your child, then sponsor him later yourself.
Really the best way is to immigrate on your own.

 

[Malicel]

Men have lost appeals like this even when they had no idea they had a child and found out after they had already immigrated. DNA won't help here.
The problem is, when filling out the forms it clearly asks for details of all children, in several places.
In addition, when people get their visa and land in Canada, there will be a letter with the documents saying they must report all changes to their family; when landing, they have to fill in a form that asks about family.

Having the child be adopted won't work. CIC will view it as an adoption of convenience, and it will be rejected. To sponsor an adopted child, it has to be a real adoption where the ties with the child's biological parents have been ended. You don't want that.

When your husband sponsors you, all your dependents are included. You cannot omit your child, then sponsor him later yourself.
Really the best way is to immigrate on your own.

that would be very difficult then, im a teacher here in the Philippines, and I think its very difficult to migrate on my own. My husband is planning if we could get a tourist visa, do you think it is possible?just for us to be together even just for awhile.

 

[Malicel]

Men have lost appeals like this even when they had no idea they had a child and found out after they had already immigrated. DNA won't help here.
The problem is, when filling out the forms it clearly asks for details of all children, in several places.
In addition, when people get their visa and land in Canada, there will be a letter with the documents saying they must report all changes to their family; when landing, they have to fill in a form that asks about family.

Having the child be adopted won't work. CIC will view it as an adoption of convenience, and it will be rejected. To sponsor an adopted child, it has to be a real adoption where the ties with the child's biological parents have been ended. You don't want that.

When your husband sponsors you, all your dependents are included. You cannot omit your child, then sponsor him later yourself.
Really the best way is to immigrate on your own.

why cant I sponsor my own child if im already there in Canada?

 

[Rob_TO]

why cant I sponsor my own child if im already there in Canada?

I assume you are currently being sponsored by your husband right now. In order for you to sponsor your daughter after getting to Canada, she would need to be accepted and listed as a non-accompanying dependent on your current application. Only then could you sponsor her after you get to Canada.

However your problem is, she will be rejected as a dependent in your current PR application because your husband committed misrepresentation when she was not previously declared, meaning even after you get to Canada since she was not accepted as dependent on your current application, neither you nor your husband can ever sponsor her in the future.

If you don't qualify to immigrate independently and all want a life together then your husband should probably voluntarily renounce his PR status and return to live in Philippines with you and your daughter. He can try to apply to immigrate to Canada again if he qualifies for another immigration stream, this time listing you and daughter as dependents. If he doesn't apply for any other way to immigrate, then the only way for all of you to be together is to stay in the Philippines.

 

[Malicel]

I assume you are currently being sponsored by your husband right now. In order for you to sponsor your daughter after getting to Canada, she would need to be accepted and listed as a non-accompanying dependent on your current application. Only then could you sponsor her after you get to Canada.

However your problem is, she will be rejected as a dependent in your current PR application because your husband committed misrepresentation when she was not previously declared, meaning even after you get to Canada since she was not accepted as dependent on your current application, neither you nor your husband can ever sponsor her in the future.

If you don't qualify to immigrate independently and all want a life together then your husband should probably voluntarily renounce his PR status and return to live in Philippines with you and your daughter. He can try to apply to immigrate to Canada again if he qualifies for another immigration stream, this time listing you and daughter as dependents. If he doesn't apply for any other way to immigrate, then the only way for all of you to be together is to stay in the Philippines.

So sad reading this

 

[d_j_heckford]

Why is it sad reading this? Canada isn't the only option to take, I am a Canadian and I re-located to the UK to be with my wife, we have been here for near 3 years now. Canada isn't the world ya know, others can make sacrifices to be with their partners, if its necessary to be in your own country to be a happy family, then that's what it should be. No ifs and or buts.

 

[PMM]

Hi

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.

1. Immaterial, the child wasn't declared, not a member of the family class. CIC doesn't accept ignorance as an acceptable reason.

 

[needhimback]

Ok now I have concerns - I completed my forms and submitted them recently with me being the sponsor. In the sponsor evaluation it ask to list previous spouse or common law partner so I did just that by submitting the information of my ex husband who i divorced back in 2004.

I then was in a other relationship from 2008 to 2010 and was not living with this person who is the father of my youngest child. (All my children are listed on my application ) This person I did not mention on my application because I did not think it was necessary because we were never married or living together ever !!!

Was I suppose to add this person's information on a separate sheet of paper as a pervious boyfriend who I did have a child with - cause clearly I did not do this, as mentioned we never lived together or was ever marriaged

If this is so, this is a mistake and not a misrepsentation - I don't have anything to hide ( what do I do now that my package has been sent out ). Or am I alright and answered the question correctly ????


Now am wondering Did i complete this section right ???? after reading this post ??? I just submitted my application like last week and awaiting SA

Did I submit the right information

 

[canadianwoman]

It is OK. You were not married to this boyfriend, and you did not live with him, so you were not common law. You don't have to list him. In an interview, the visa officer may ask about him, though. Your spouse should be able to answer questions about him.

 

[needhimback]

It is OK. You were not married to this boyfriend, and you did not live with him, so you were not common law. You don't have to list him. In an interview, the visa officer may ask about him, though. Your spouse should be able to answer questions about him.

Thank you Canadian Women - I figured that was the correct answer and you made me feel so much better, I was honestly worried there for a moment lol. And yes my spouse could be questioned about him, which he already know of our relationship break up, but I will still have to give him a re- fresher

Thanks again

T

 

[alexian14]

hi i know its been a long time since this was posted. but i have the same problem. my husband want to sponsor us but hes ineligible sponsor because he did not declare us when he became a permanent resident. we are living together since 2011, and have a child. then he got his PR 2015 and has a 2nd child born on 2014. and got married on 2016. our papers started processing on january 2018 and march 12 recieved the AOR1. then aug 31 my husband recieved a letter that his ineligible to sponsor us but our papers sent to the visa office where i currently lived and process for review further. i got a request to submit a Scheduled A and was sent september 1. and september 11 started processing my application(principal applicant.) my question is, is there a possible that my application got refused or any consideration that our application will approved?

 

[Buletruck]

If he didn’t declare you as his spouse or his children and you weren’t medically examined on his PR application, you should expect a refusal. There is no consideration given in these cases.

 

[scylla]

hi i know its been a long time since this was posted. but i have the same problem. my husband want to sponsor us but hes ineligible sponsor because he did not declare us when he became a permanent resident. we are living together since 2011, and have a child. then he got his PR 2015 and has a 2nd child born on 2014. and got married on 2016. our papers started processing on january 2018 and march 12 recieved the AOR1. then aug 31 my husband recieved a letter that his ineligible to sponsor us but our papers sent to the visa office where i currently lived and process for review further. i got a request to submit a Scheduled A and was sent september 1. and september 11 started processing my application(principal applicant.) my question is, is there a possible that my application got refused or any consideration that our application will approved?

Refusal is guaranteed.