LEGAL ADVICE NEEDED TO RECTIFY MY LANDED SON'S DETAILS

[Nivera24]

I came to Canada as a refugee last year in June, my case was heard and I was granted status. Back in my home country I left my 6 year old son with my ex-husband from whom I had fled after repeated domestic violence and aggravated assault incidents. After discovering that I was in Canada last September, my ex-husband had refused to ever allow my son come join me then I revealed to him my long kept secret that he was not the biological father of my son after which he chased my son away from his home. I had had a one night intimate and sexual involvement with a man which resulted into the pregnancy leading to birth of my son. Now my legal challenge is that when I stated my case here in June, I did not mention the biological father anywhere. Fast forward, my son traveled with his biological father on visitor's visas and are both now in Canada. I want to apply for my PR but am afraid which names to include as my son's father given that initially I had indicated my ex-husband as his dad during my refugee claim case. My son's biological father is willing to provide a specimen for DNA testing and return to our home country. Please kindly advise...

 

[Bcboundboy]

You need to speak to a lawyer. Nobody here is qualified to advise you, and even if they happen to be qualified, they couldn't prove it. You have to find professional legal advice for a complicated situation, not ask on forums where anyone could tell you anything.

 

[Ponga]

Agreed!

Soliciting `opinions' is one thing, but asking for legal advice is better left to a qualified professional.

 

[Nivera24]

Fully understood... Am actually seeking opinions as to how I should proceed on this matter. Do I have to initiate an independent Refugee Claim for my son with IRCC or I should go ahead filing for my PR application including him with evidence proving his biological father which could include birth certificates and DNA if applicable?

 

[Bcboundboy]

Speak to a lawyer, who will be best placed to advise you.

We can give opinions on things like how to apply for a parent super-visa, or how to sponsor a common-law partner by a Canadian citizen. These are frequent questions with well-known answers. Assessing the pitfalls and problems of a refugee application with false information on the parentage of a dependent child is well outside the expertise regularly drawn on.

You have to talk to a qualified immigration or family lawyer, as soon as possible. Close this window, and search for one in your town now.

 

[Rob_TO]

I came to Canada as a refugee last year in June, my case was heard and I was granted status. Back in my home country I left my 6 year old son with my ex-husband from whom I had fled after repeated domestic violence and aggravated assault incidents. After discovering that I was in Canada last September, my ex-husband had refused to ever allow my son come join me then I revealed to him my long kept secret that he was not the biological father of my son after which he chased my son away from his home. I had had a one night intimate and sexual involvement with a man which resulted into the pregnancy leading to birth of my son. Now my legal challenge is that when I stated my case here in June, I did not mention the biological father anywhere. Fast forward, my son traveled with his biological father on visitor's visas and are both now in Canada. I want to apply for my PR but am afraid which names to include as my son's father given that initially I had indicated my ex-husband as his dad during my refugee claim case. My son's biological father is willing to provide a specimen for DNA testing and return to our home country. Please kindly advise...

It appears the child's biological father was neither your spouse nor your common-law partner at any time. So that means he was not required to be declared/examined in your own PR application, so at least he shouldn't be excluded from being sponsored by you in the future.

The fact you falsely claimed your ex-husband was the father, is misrepresentation and a whole other issue that may create problems.

Also since you are neither married or common-law to the biological father, you can't sponsor him anyways right now. Simply being the father of your child, is not suitable grounds to sponsor. So you would either need to get married or live 1 year with him to become common-law before you can think about sponsoring him for PR.

Yours is a pretty complex case so I agree with the others here, it's best to get legal advice. You will not find such advice on an internet forum full of random people.

 

[carolbb23]

It appears the child's biological father was neither your spouse nor your common-law partner at any time. So that means he was not required to be declared/examined in your own PR application, so at least he shouldn't be excluded from being sponsored by you in the future.

The fact you falsely claimed your ex-husband was the father, is misrepresentation and a whole other issue that may create problems.

Also since you are neither married or common-law to the biological father, you can't sponsor him anyways right now. Simply being the father of your child, is not suitable grounds to sponsor. So you would either need to get married or live 1 year with him to become common-law before you can think about sponsoring him for PR.

Yours is a pretty complex case so I agree with the others here, it's best to get legal advice. You will not find such advice on an internet forum full of random people.

it's true what rob said and that can get you in trouble even deported