"not declared child on his PR application"

[none]

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.

Thanks

 

[CharlieD10]

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.

Been tried before, did not work then either. Leaving a spouse or a child off a PR application is not a "mistake". It is a conscious decision which flies in the face of the applicant's duty of candour. It immediately engages the policies of Canadian immigration, and there are NO second chances with that particular policy. Section 117(9)(d) has never been shown to be negotiable. The case mentioned by computergeek is the only case I have seen where it was not applied, and as he mentions, the applicant had to prove he didn't know the child existed when he came to Canada, and it took a Federal decision to win that appeal.

 

[rjessome]

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 .

Your wife's interview? You are the sponsor? Then declaring your brothers and sisters is not required.

 

[kyran]

hi... ano reason out nyo sa kanila why your husband didn't declare you son? pero ikaw ba declared nya or hindi pa kayo kasal noon? bakit now lang nila nakita na hindi nadeclare yung son nyo? dapat noon palang sana before the sponsor's approval para nakapag-appeal sya para wala na sana problema ngayon sa inyo kasi its your husband who did'nt declare your son not you.

 

[Malicel]

Pls help me! I am newly wed with my husband who is a permanent resident of edmonton now. When he applied for residency he was 20yrs old after two years i got pregnant and we had a child. After 5 years, his visa was approved and he went to canada but dd not declare his daughter anymore. Now that we are married, the canadian immigration is saying that he dd not declare his child. Are there still chances that our child could go to canada? Please help us. Please

 

[Rob_TO]

Pls help me! I am newly wed with my husband who is a permanent resident of edmonton now. When he applied for residency he was 20yrs old after two years i got pregnant and we had a child. After 5 years, his visa was approved and he went to canada but dd not declare his daughter anymore. Now that we are married, the canadian immigration is saying that he dd not declare his child. Are there still chances that our child could go to canada? Please help us. Please

Unfortunately the child is excluded forever to be sponsored to Canada. There is really no chance here. He committed misrepresentation on his own PR app by not declaring his child.

Also if you and your partner got married or lived together for 1 year before he got visa and landed as a PR, then you are also excluded forever from being sponsored.

The only way for him to get child PR status, will be to revoke his own PR status and start over applying for PR from scratch but this time including the child and you on his application. Of course once he revokes his PR status he will probably need to leave Canada and then see if he qualifies again under any existing programs.

 

[lyvly]

Unfortunately the child is excluded forever to be sponsored to Canada. There is really no chance here. He committed misrepresentation on his own PR app by not declaring his child.

Also if you and your partner got married or lived together for 1 year before he got visa and landed as a PR, then you are also excluded forever from being sponsored.

The only way for him to get child PR status, will be to revoke his own PR status and start over applying for PR from scratch but this time including the child and you on his application. Of course once he revokes his PR status he will probably need to leave Canada and then see if he qualifies again under any existing programs.

Hi,.. my friend was granted PR without her(declared) non accompanying children examined. Will this be a complication on her application for citizenship?

 

[computergeek]

Hi,.. my friend was granted PR without her(declared) non accompanying children examined. Will this be a complication on her application for citizenship?

No, it is not an issue for citizenship. She just cannot sponsor them as members of the family class.

 

[pay]

hi. i was wondering how will i know if my son in philippines was declared or not.?
i was landed as immigrant here in canada almost 3 years ago and im still wondering if my son was declared or not. we didnt change anything on our application or any papers before we got in here. but as my dad ( who sponsor us) told me that when he got the interview, and ask if theres any changes in the family due application process he mentioned that i am pregnant that time ( 2 months pregnant)
i got my medical records that i am pregnant, requirement of immigration, got my doctors note that allows me to have xray ( waited for a week to turn 3 months pregnancy). my babys lastname is same as mine cause im a single mom. got hes birthcertificate with my name on. is that enough proof or i still have to do anything else.

 

[canuck78]

hi. i was wondering how will i know if my son in philippines was declared or not.?
i was landed as immigrant here in canada almost 3 years ago and im still wondering if my son was declared or not. we didnt change anything on our application or any papers before we got in here. but as my dad ( who sponsor us) told me that when he got the interview, and ask if theres any changes in the family due application process he mentioned that i am pregnant that time ( 2 months pregnant)
i got my medical records that i am pregnant, requirement of immigration, got my doctors note that allows me to have xray ( waited for a week to turn 3 months pregnancy). my babys lastname is same as mine cause im a single mom. got hes birthcertificate with my name on. is that enough proof or i still have to do anything else.

Unfortunately the answer is still the same. He wasn't declared.

 

[AkocAne]

Hi! How about in my case? I submitted my PR documents last january 2017 with a single status. I gace birth here in canada in May 2017 and got my PR card in december. The thing is i did not declare the baby after i gave birth. Because i was advised by friends that it is not a big deal since the baby is considered cana

 

[YVR123]

Hi! How about in my case? I submitted my PR documents last january 2017 with a single status. I gace birth here in canada in May 2017 and got my PR card in december. The thing is i did not declare the baby after i gave birth. Because i was advised by friends that it is not a big deal since the baby is considered cana

Since the child is Canadian, you don't really need to sponsor him/her.

 

[Miraclejj]

Since the child is Canadian, you don't really need to sponsor him/her.

Agreed. There is nothing the poster needs to worry about. Because even she didn't declare the child, the omitted information is irrelevant to her PR approval, so the omitted information isn't material, and there will be no ground for misrepresentation.

 

[Jd2004]

I am in the process of applying for PR. I am confused whether to declare my child from my past relationship. She is now residing in the US and there’s no way her mom would allow her to be examined with my application. My wife doesn’t know about my daughter. What shall I do?

 

[zardoz]

I am in the process of applying for PR. I am confused whether to declare my child from my past relationship. She is now residing in the US and there’s no way her mom would allow her to be examined with my application. My wife doesn’t know about my daughter. What shall I do?

If this child is a dependent child, according to the current IRCC definition, you have no choice. You must declare her. If you have no parental custody (court ordered), IRCC may then accept that she be then removed from the application. This is up to IRCC to decide...