"not declared child on his PR application"

[b.e.b.e.15]

please help us! how long it would take to receive the letter/e-mail from the canadian embassy stating that my husband need to send a reasons for not declaring his child before landed in canada? because they said after my interview it may takes one to two weeks. It almost one month after my interview and i'm still waiting for the letter/e-mail to make a move somehow.My husband does not declared our child because we are afraid that he can't go through there.,but we're married now.Why we have a problem for not declaring of my husband even my application is almost in the last stage I'm done with the interview,hope for the visa but this problem comes up with us.What we gonna do for that?,., is there a possibilty to refuse our papers for not declaring this before??? plsss... guide us,. thank you.

 

[netsrak]

You are the sponsor or applicant?

 

[b.e.b.e.15]

i am the applicant,,

 

[netsrak]

i am the applicant,, is

,
In my case, my husband entered Canada as a single but we had a child,for as to be sure in the next year we planned to get married,and applied for our child's bc.due to that case of yours I don't think that it is possible to be with yourchild.but nothing is impossible to god.

 

[CharlieD10]

Actually, it is impossible. Section 117(9)(d) clearly states that undeclared and un-examined spouses and dependents are not sponsorable as members of the family class. By not declaring your child, and possibly his prior relationship with you, your spouse closed off an avenue of investigation into his admissibility to Canada. That was not his decision to make, and now the consequences are that he has lost forever the opportunity to sponsor his child, and likely can be reported for misrepresentation and lose his own PR status.

 

[I.N]

please help us! how long it would take to receive the letter/e-mail from the canadian embassy stating that my husband need to send a reasons for not declaring his child before landed in canada? because they said after my interview it may takes one to two weeks. It almost one month after my interview and i'm still waiting for the letter/e-mail to make a move somehow.My husband does not declared our child because we are afraid that he can't go through there.,but we're married now.Why we have a problem for not declaring of my husband even my application is almost in the last stage I'm done with the interview,hope for the visa but this problem comes up with us.What we gonna do for that?,., is there a possibilty to refuse our papers for not declaring this before??? plsss... guide us,. thank you.

Why he did not do that????

 

[computergeek]

This is a common cultural mis-communication for those coming to Canada - but it does not excuse the behavior.

In Canada, there is nothing that requires the parents of a child be married for the child to be recognized by either parent. By failing to declare his child, he has made his life incredibly difficult, because the child is no longer eligible to be considered a family member under Canadian immigration law. Further, by failing to declare his child, he is guilty of misrepresentation and that is grounds for revoking his PR and banning him from entering Canada for a period of two years.

See: http://www.cic.gc.ca/english/information/protection/fraud/document.asp

I would strongly suggest obtaining the very best legal counsel you can, because by lying to CIC, even if it was the result of a cultural misunderstanding, this case has become complicated. Perhaps the visa officer won't report his egregious misconduct, but I wouldn't count on it - the current government is cracking down on fraud and misrepresentation. Indeed, the letter you mention is likely going to be a formal inquiry into his misrepresentation.

If he cannot convince them that he did not commit misrepresentation (and fear his application would be denied is not going to be an acceptable reason for misrepresentation - if anything, it describes why he committed misrepresentation) his PR will be revoked and your own application will be rejected.

I certainly hope I'm wrong, but based upon the cases I've read, this is a common source of problems - people think that a child born out of wedlock is somehow not their child, but that's not the way it works under Canadian law.

 

[rjessome]

Call me jaded but I don't think it's a cultural misunderstanding at all. Applicants KNOW whether or not they have a child 99% of the time. Sometimes applicants find out about children later but that's NOT the norm in these cases. For the most part, they deny having children as they won't meet LICO if they include their family members or some dumb*ss crooked agent told them not to include their children. But the question is simple. Do you have children? YES or NO. As one of the OPs pointed out, they didn't include the child because they didn't think he'd be approved if they did.

The rules are clear. Any dependent not declared is no longer a member of the family class. All the legal counsel in the world isn't going to help.

 

[computergeek]

Call me jaded but I don't think it's a cultural misunderstanding at all.

Just because your jaded, doesn't mean you're wrong. Then again, it doesn't mean you're right, either. I have a similarly jaded distrust of CIC at this point - I've watched them basically break their own rules and make up new evidence in my own JR application. I realize that I might be wrong (I had a nice discussion with a CIC officer today on the telephone, so I'm thinking perhaps they aren't all old and jaded like the two in my case.)

I've seen some interesting cases here. Some people genuinely don't believe that children born out of wedlock are "their children" because by the laws and customs of their culture they don't count. For example, I've seen a case where CIC is insisting the mother find the father to obtain his agreement to have the child removed to Canada. I spent time reading the laws of the jurisdiction (the UAE in that case) and was amazed to find that father's have no rights, no claims nor expectations of any obligations under their law (and presumably culture as well).

But I think in this case, based upon what the OP said, the concern wasn't that the child "did not count" it was that the child "would make the applicant ineligible". I don't see why, but the father committed misrepresentation rather than face the possibility of rejection. Perhaps he didn't understand that this is a serious error.

The rules are clear. Any dependent not declared is no longer a member of the family class. All the legal counsel in the world isn't going to help.

Actually, I wasn't suggesting that they needed legal counsel for the child - I agree that the father screwed this one up. I was suggesting that he needs legal counsel if he wants to maintain his own PR, because I'd bet he will be hearing from CIC/CBSA/RCMP. I'm not sure that a good attorney will be able to get him out of this mess, but a good attorney should be able to tell him how to mitigate the damage.

 

[R151NG5UN]

The only reasonable excuse that this father can give that might be acceptable is, if he had no knowledge of the child when the child was born and has only since realised he actually has a child. Hence his wife listing the son on her application. Whatever happens the child will be inadmissible and the only hope for that child to come and live in Canada is if the wife is accepted as a PR (which is highly doubtful) and fulfil's her days required until she becomes a citizen and then can sponsor the child.

Good luck OP!

 

[rjessome]

The only reasonable excuse that this father can give that might be acceptable is, if he had no knowledge of the child when the child was born and has only since realised he actually has a child. Hence his wife listing the son on her application. Whatever happens the child will be inadmissible and the only hope for that child to come and live in Canada is if the wife is accepted as a PR (which is highly doubtful) and fulfil's her days required until she becomes a citizen and then can sponsor the child.

Good luck OP!

Nope. The child is excluded from sponsorship under the family class FOREVER. The mother wouldn't be able to sponsor the child either.

 

[rjessome]

Just because your jaded, doesn't mean you're wrong. Then again, it doesn't mean you're right, either. I have a similarly jaded distrust of CIC at this point - I've watched them basically break their own rules and make up new evidence in my own JR application. I realize that I might be wrong (I had a nice discussion with a CIC officer today on the telephone, so I'm thinking perhaps they aren't all old and jaded like the two in my case.)

I've seen some interesting cases here. Some people genuinely don't believe that children born out of wedlock are "their children" because by the laws and customs of their culture they don't count. For example, I've seen a case where CIC is insisting the mother find the father to obtain his agreement to have the child removed to Canada. I spent time reading the laws of the jurisdiction (the UAE in that case) and was amazed to find that father's have no rights, no claims nor expectations of any obligations under their law (and presumably culture as well).

But I think in this case, based upon what the OP said, the concern wasn't that the child "did not count" it was that the child "would make the applicant ineligible". I don't see why, but the father committed misrepresentation rather than face the possibility of rejection. Perhaps he didn't understand that this is a serious error.


Actually, I wasn't suggesting that they needed legal counsel for the child - I agree that the father screwed this one up. I was suggesting that he needs legal counsel if he wants to maintain his own PR, because I'd bet he will be hearing from CIC/CBSA/RCMP. I'm not sure that a good attorney will be able to get him out of this mess, but a good attorney should be able to tell him how to mitigate the damage.

Good luck with your JR. I don't know who your lawyer is but Mario Bellisimo is a genious at medical inadmissibility cases at JR.

Whether or not you have legal rights to a child does not negate the fact that you HAVE a child. Unless that child is adopted by another couple whereby the adoption severed the parental relationship, you are still a parent, rights or not. If you like reading about this stuff take a look at Japan's laws regarding parental rights after divorce. Mind boggling.

You may be surprised at how common it is to leave children off of applications because of meeting the Low Income Cut Off (LICO) or Settlement Funds requirements. More family members mean higher LICO or more settlement funds required. It happens all the time.

 

[none]

Hi Everyone,

I have questions,

I didn't declare my brothers and sisters when i applied for my PR. Does this gross negligence have any effect on my wife's interview? If they ask her about my brothers and sisters what she should say?
How can i declare them now?

Thank you .

 

[computergeek]

I didn't declare my brothers and sisters when i applied for my PR. Does this gross negligence have any effect on my wife's interview? If they ask her about my brothers and sisters what she should say?

Brothers and sisters should have been shown on IMM 5406. However, listing or not listing them has no impact on your application, so I'm not sure that omitting them rises to the level of misrepresentation (I've never seen a misrepresentation case such as this one.)

Spouses/partners and children are the real issue. For economic class immigration, you must demonstrate that you have sufficient funds for settlement so people omit their partners and children in order to make the "cut off". The problem with this is that when it's discovered, it means the partner and children are not sponsorable because they are not members of the family class.

I've seen ONE case where an undeclared child was given PR. It was in an H&C case - and that is because the father genuinely did not know of the child until the son was a teenager. Once the father found out, he acknowledged his child and worked towards bringing him to Canada. Ultimately, he was successful (on an H&C application, with a trip to Federal Court when the H&C was refused) but he was able to clearly demonstrate he did NOT know about the child and thus the omission didn't rise to the level of misrepresentation.

 

[sakamath]

2 wrongs don't make a right but the OP could look into 'adopting' the child. No idea how CIC would look at that application. No point in punishing the child for the dad's mistake.