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should my son declare his illegitimate child

b.h.a.b.e.s

Star Member
Mar 27, 2010
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hello i need help before my son come to Canada

I applied for my PR together with my 3 children and husband. The second is 21 yrs old wants to get married but i didnt allow him, His gf gave birth and the child's last name is his mom's. I didnt let them use my sons last name due to the reason that the PR is under process. This coming month he is coming here under open work permit. Since he is not married but with illegitimate child MUST HE DECLARE HIS SON AS SOON AS HE STEP IN VANCOUVER AS DEPENDENT OPEN WORK PERMIT. WILL THIS AFFECT HIS PR APPLICATION?? OR IS IT BETTER NOT TO DECLARE SINCE THE CHILD IS ILLIGITIMATE??
 

bally21

Star Member
Feb 9, 2012
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I'm not 100% sure, but if his child is dependant on him, then yes he probably does have to declare he has a kid.
 

Steph C

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Nov 11, 2009
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I'm sorry, but how is that child illegitimate? His girlfriend had it and it's his.. this isn't the stone age. It sounds like the child is legitimately his. The Canadian government won't pass judgement on him for not being married. He should declare any children he has as soon as possible.
 

Fencesitter

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Sep 29, 2011
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I would strongly suggest being totally honest about everything...you never know if CIC may find out later...

FS
 

rjessome

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Feb 24, 2009
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b.h.a.b.e.s said:
hello i need help before my son come to Canada

I applied for my PR together with my 3 children and husband. The second is 21 yrs old wants to get married but i didnt allow him, His gf gave birth and the child's last name is his mom's. I didnt let them use my sons last name due to the reason that the PR is under process. This coming month he is coming here under open work permit. Since he is not married but with illegitimate child MUST HE DECLARE HIS SON AS SOON AS HE STEP IN VANCOUVER AS DEPENDENT OPEN WORK PERMIT. WILL THIS AFFECT HIS PR APPLICATION?? OR IS IT BETTER NOT TO DECLARE SINCE THE CHILD IS ILLIGITIMATE??
Yes, he must declare the child. If he doesn't he will NEVER be able to sponsor the child to become a permanent resident of Canada. You also do not state whether or not your son is living with his girlfriend. If he has been living with her for 12 consecutive months then he is in a common-law relationship with her and no longer a dependent child of you and should be removed from the PR application. If he hasn't then he can remain on the application but you MUST tell CIC about the child otherwise you are guilty of misrepresentation (this could effect ALL of the PR applications for your whole family) and then you must also now meet the Low Income Cut Off (LICO) to continue your PR application.
 

b.h.a.b.e.s

Star Member
Mar 27, 2010
56
2
I guess that will screw his application for being my dependent :( . Because he will come here as dependent open work permit. :'(
 

b.h.a.b.e.s

Star Member
Mar 27, 2010
56
2
i wish i still have hope of getting him ,, my son and his gf never lived together , gf just visit from time to time to our place and vice versa ,, he is not working and quit studying, is he still qualified as dependent type A
 

GetUsHome

Star Member
Mar 24, 2011
184
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Does your son want to come to Canada at this point?

Or does he would want to stay in his home country with his girlfriend and child?
 

peggiechua

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Mar 2, 2011
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Steph C said:
I'm sorry, but how is that child illegitimate? His girlfriend had it and it's his.. this isn't the stone age. It sounds like the child is legitimately his. The Canadian government won't pass judgement on him for not being married. He should declare any children he has as soon as possible.

Base on your pic, you're from the Philippines, and that is the law here in our country. If the parents are not married, then the child is considered Illegitimate, regardless if the kid is his or not. I was granted an annulment from my previous husband, and the court stated that my kids from my former husband are now considered illegitimate.


But you are right, he should declare that he has a kid, regardless of the status between him and the mother of the child.
 

Leon

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Jun 13, 2008
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A child does not lose his dependancy just because they had a kid. He could have been 15 and fathered a child and he would still remain your dependent child. The only thing that makes him no longer a dependent child is getting married or qualifying as a common law partner, that is living with the girl as man and wife for 12 months or more.

The reason he must include his child in his application is that if he doesn't, he will never be able to sponsor his child in the future. He would be able to marry the girl after he gets his PR and sponsor her but not the child because he did not declare it. So.. that is your grandchild. If you want your son to be happy living with you in Canada in the future, you need to keep his options open to sponsor his gf and child. Otherwise he may just decide that he will go back and marry his gf and live with her there.
 

b.h.a.b.e.s

Star Member
Mar 27, 2010
56
2
Thanks LEon,, you clarifies all my concern , he would come here as dependent work permit and luckily still my dependent , :D. I will let him pass the additional information to declare my son's child ,, thnks again