need some advice!

[zeny2014]

This is for my friend and her kids.they were petitioned by her PR husband .they arrived in Canada last week but while at the port of entry she accidentally mentioned to the young immigration officer that they still have a months old baby left behind in Philippines.The baby wasnt included in the petition because their petiton is on going and visa is about to release in months.They tried to include the baby after their visa was granted but it was denied by immigration.So when they arrived in port of entry.my friend mentioned about the baby,i dont know really know what happened there..but their passports were held in immigration at the airport in Canada and asked them to come back this coming Wednesday.They asked help from the immigration consultant that said good news is good that they declared about the baby or else they cannot bring the baby in Canada forever but the bad news is 99% percent my friend and her kids will going back to Philippines to do the process again from the start which includes the baby.Got their visa last November 2013 ,expires on April 1,2014.
They dont know what to do now.feel sad for them because they have been waiting for so long to be together as family.they waited 3 years for the process.

Anyone who has the same experience.and what did you do? need some advice's so i can tell them what to do..thank you !

 

[Becki567]

I am fairly certain that any children not declared on application are banned from being sponsored forever. Trying to declare them at the border does not change this as far as I know.

In fact this is what was on the notes on my file. I imagine it is on every ones:
"Applicants have not identified any other qualifying dependants for examination. N.B. should additional dependants be sponsored at a later date they will be excluded as per R117(9)(d)"

 

[tarina]

In my opinion, Its better to let the visa expired rather than leaving the baby behind. Yes its another application process but with all of my heart the wait of the whole process again is all worth it in the end. I will worry about the baby's future than the expiration of visa.

 

[SenoritaBella]

1. Your friend is very lucky that she mentioned the baby at the border. If not, she would not have been able to ever sponsor her baby and hers and her children's PR could be revoked for misrepresentation.

2. It seems CBSA allowed them to enter Canada but under what status?
a) did they actually land and become permanent residents? or
b) did they enter under temporary resident permits? That is, the border agent did not allow them to land as PRs but gave them a special kind of permit which allowed them to enter Canada.

3. If it was 2b, chances are your friend and her kids would have to return to the Phillipines. If their application is not yet closed by the visa office in Manila, they can quickly submit forms for the baby and hope for the best.

Even if their file is closed, they should ask for re-consideration in order to add the baby. If it doesn't work, then there is no option than to re-start the process from the beginning.

4. While this is quite an unfortunate situation, it is a reminder that we need to follow the rules regardless of how long we have been waiting. Adding her baby could have delayed the application for a few months but she would have arrived with all her children. I don't imagine it was easy for her to leave her one month old baby behind.

I hope it works out well for them. Really sad.

 

[Jp flores]

Hi, please hear my story. I got married in the Philippines. And my husband is now in Canada and I am here the Philippines. Is it possible that my husband can file a divorce there in Canada even though we got married here?

If yes, will I be notified by the Canadian court about the divorce proceedings? You see I heard a lot of stories to the effect that Filipinos are getting divorce in Canada and got married again in Canada. I heard that the reason this is commonly done it’s because divorce is cheaper and easier than having an annulment proceedings in the Philippines.
And here's another thing we had a son.we had undergone our medical examination at a panel physician last january.
I didnt know if my husband filed our application.because last month he just told me he wants to divorce me.
Please I really need an answer about this issue. I hope you can clear my mind on these matters. Thank you very much and more power to you! God bless!

 

[Alurra71]

Hi, please hear my story. I got married in the Philippines. And my husband is now in Canada and I am here the Philippines. Is it possible that my husband can file a divorce there in Canada even though we got married here?

If yes, will I be notified by the Canadian court about the divorce proceedings? You see I heard a lot of stories to the effect that Filipinos are getting divorce in Canada and got married again in Canada. I heard that the reason this is commonly done it's because divorce is cheaper and easier than having an annulment proceedings in the Philippines.
And here's another thing we had a son.we had undergone our medical examination at a panel physician last january.
I didnt know if my husband filed our application.because last month he just told me he wants to divorce me.
Please I really need an answer about this issue. I hope you can clear my mind on these matters. Thank you very much and more power to you! God bless!

Yes, your husband can file for a divorce in Canada so long as he has status in Canada either by being a permanent resident, a citizen, or any other working permit that allows/affords him the right to live in Canada long enough to qualify as a resident in Canada. You should receive a notification about the divorce unless your husband claims that your whereabouts are unknown.

The medical exam that you and your son underwent means nothing. It is a formality that must be completed to get a PR visa. If you or your son never received a PR visa or your husband never filed the paperwork then you will not get a PR visa based on spousal sponsorship.

Is your husband a Canadian Citizen? If he is then you should determine if your son is also a Canadian Citizen by birthright. If it is determined that your son is in fact Canadian you should file for his citizenship certificate ASAP so he will have it later in life if he needs/wants it. The longer you/he wait, the harder it will be to determine so if it is his birthright, then you should ensure he gets it.

Good luck.

 

[Rob_TO]

They tried to include the baby after their visa was granted but it was denied by immigration.

What does this mean? Do you mean at the Manila visa officer, or when arriving in Canada?? Even if they all got visas/COPRs, if they declared to the Manila visa office that there was a new baby to add to application, all the visas should have been immediately cancelled and the baby would have to do medical exam and be added to the application, and all visa re-issued along with the baby's later. I don't understand what "it was denied" means at all.

Even if baby was declared at immigration in Canada, that does not help anything. THe officers at point of entry can't process new dependents on the spot. If the baby didn't do a medical exam and Manila visa office didn't process the baby beforehand, then the baby would be banned forever under family class.

So hopefully the immigration officer in Canada didn't actually grant them all PR status. Depending how much experience the immigration officer has, they may not know full details of all the rules. Hopefully as was mentioned above, they only got temporary visitor status and may need to go back to Philippines and continue the waiting process with baby in application. If everyone's medicals expire, the whole family may need to do them again.

 

[kimosabe]

Hi, please hear my story. I got married in the Philippines. And my husband is now in Canada and I am here the Philippines. Is it possible that my husband can file a divorce there in Canada even though we got married here?

If yes, will I be notified by the Canadian court about the divorce proceedings? You see I heard a lot of stories to the effect that Filipinos are getting divorce in Canada and got married again in Canada. I heard that the reason this is commonly done it's because divorce is cheaper and easier than having an annulment proceedings in the Philippines.
And here's another thing we had a son.we had undergone our medical examination at a panel physician last january.
I didnt know if my husband filed our application.because last month he just told me he wants to divorce me.
Please I really need an answer about this issue. I hope you can clear my mind on these matters. Thank you very much and more power to you! God bless!

Maybe you can get some insights here:

http://www.canadavisa.com/canada-immigration-discussion-board/filipinos-here-who-have-commonlaw-sponsorshp-inland-but-not-annulled-in-phils-t95321.0.html

You are right that the reason a lot of Filipinos get divorce in Canada is that they want to remarry and/or sponsor another partner, faster than getting annulment.

 

[kimosabe]

They tried to include the baby after their visa was granted but it was denied by immigration.

This is also not so clear to me. How can the visa office deny it when it was the right thing to do?

 

[zeny2014]

My friend told me they were given a letter so they can enter Canada and the letter states "for further examination" and need to come back at the airport this Wednesday with the PR husband.

My friend gave birth then after 2 months their visa was granted,her husband filed a petition to include the baby but the agent whom they spoke over the phone told him that they can process the papers of the baby later when they arrived in Canada because she cannot locate their case.They also got a letter from immigration stating they were unable to match it with their file in their office regarding the request to add on the baby.

I will ask my friend this coming Wednesday about the outcome.

Thank you

 

[zeny2014]

Hi all! my friend told me that the immigration called them last Monday.They can stay now or allowed to stay in Canada for good.They can also petition their baby.They went yesterday at the airport and got their passports back. I dont know really know the details.but Im very happy for them. thanks..

 

[tommcp5]

Wow, that is good news! I was really worried reading the first few posts in this thread--what a nightmare situation!!