JUST FOUND OUT I HAVE A CHILD, CAN I SPONSOR HIM?

[pewa]

Hi? My ex claims to have a 6 year old baby who happens to be mine. i came to Canada like 4 years ago. am married and have a family.She left the baby at my grand parents place. I understand about misrepresentation law and i don't want to be a victim. At the same time if that's my son i might wanna take a chance to bring him. Any body with a good advice on how to go with this.Thanks.

 

[PMM]

Hi

Hi? My ex claims to have a 6 year old baby who happens to be mine. i came to Canada like 4 years ago. am married and have a family.She left the baby at my grand parents place. I understand about misrepresentation law and i don't want to be a victim. At the same time if that's my son i might wanna take a chance to bring him. Any body with a good advice on how to go with this.Thanks.

No, as the child was not examined, he is not a member of the family class and can't be sponsored. The only way if the child submits an application under 25.1 of the Regulations for Humanitarian and Compassionate grounds. Not a high rate of success. See: http://www.cic.gc.ca/english/resources/manuals/op/op04-eng.pdf

 

[Eeriest Elk]

I would get a lawyer on this matter. It seems to me if you established paternity, and could be granted full custody (the mom abandoned your son, right?). Your now wife could adopt?

 

[MissDominica]

I would get a lawyer on this matter. It seems to me if you established paternity, and could be granted full custody (the mom abandoned your son, right?). Your now wife could adopt?

That's not really the issue. When filling out the application, you swear that you have listed ALL of your family members (including your children) and have done medicals for ALL of your children (whether they intend to come to Canada or not) and that any child NOT listed, will never be able to come to Canada. So, by not listing the child (because he didn't know about it), he cannot bring the child to Canada.

The burden of proof would be on the poster to prove that he had no idea that he HAD this child to begin with and was not lying (misrepresenting) himself when he applied. He may be able to do this on humanitarian and compassionate grounds, as PMM said, however, these cases are rarely successful. A good lawyer may be able to help the OP prove that he did not know about the child (gather proof such as sworn letter from the mother stating she did not inform the OP he had a son, etc) and may be able to help him with his case, but as a general rule, the child is not allowed to come. In cases like this, I would hope that an H&C appeal to CIC would be successful, but you just never know.

I wish the OP good luck and hope that you get your son. You will almost certainly have to prove paternity before an H&C will be considered, so I would work on getting that in order. CIC only accepts certain labs that do this testing. I suggest you and your lawyer work on that... they will want to know the child is actually yours (and I'm sure you do too!)

 

[PMM]

Hi

That's not really the issue. When filling out the application, you swear that you have listed ALL of your family members (including your children) and have done medicals for ALL of your children (whether they intend to come to Canada or not) and that any child NOT listed, will never be able to come to Canada. So, by not listing the child (because he didn't know about it), he cannot bring the child to Canada.

The burden of proof would be on the poster to prove that he had no idea that he HAD this child to begin with and was not lying (misrepresenting) himself when he applied. He may be able to do this on humanitarian and compassionate grounds, as PMM said, however, these cases are rarely successful. A good lawyer may be able to help the OP prove that he did not know about the child (gather proof such as sworn letter from the mother stating she did not inform the OP he had a son, etc) and may be able to help him with his case, but as a general rule, the child is not allowed to come. In cases like this, I would hope that an H&C appeal to CIC would be successful, but you just never know.

I wish the OP good luck and hope that you get your son. You will almost certainly have to prove paternity before an H&C will be considered, so I would work on getting that in order. CIC only accepts certain labs that do this testing. I suggest you and your lawyer work on that... they will want to know the child is actually yours (and I'm sure you do too!)

Immaterial if the OP knew about the child or not. The child was not examined, not a member of the family class, can't be sponsored.

 

[truesmile]

And just to be clear, if only in my mind... H&C is a 'sub-set' of FAMILY class, yes?

 

[amikety]

I would get a lawyer on this matter. It seems to me if you established paternity, and could be granted full custody (the mom abandoned your son, right?). Your now wife could adopt?

Pretty sure CIC would see through that one.

 

[pewa]

Pretty sure CIC would see through that one.

what do you mean by that?

 

[amikety]

what do you mean by that?

They would recognize an adoption of convience.

I agree with the advice that H&C is your only real option. Finding an experienced lawyer with H&C cases would be a good idea.

 

[pewa]

They would recognize an adoption of convience.

I agree with the advice that H&C is your only real option. Finding an experienced lawyer with H&C cases would be a good idea.

Thanks. Somebody advised me to adopt him, But should never mention he is my biological son. I don't know much on adoption but i guess its a hustle.Will try going that way instead of compromising my status.

 

[amikety]

Thanks. Somebody advised me to adopt him, But should never mention he is my biological son. I don't know much on adoption but i guess its a hustle.Will try going that way instead of compromising my status.

That's really not a good idea. CIC has strict rules for adoptions. In fact, not all adopted kids are granted PR. You should really speak with a lawyer first.