sponsoring a child out of wedlock

[homosapien]

Hello, I am a permanent resident..I have a child out of wedlock. She was born January 2008 and I have no knowledge about her that time. I got here on June of 2009 and my family told me that I have a child the following year..I went home 2011 to meet her personally and I signed the documents for acknowledgement..I'm just glad that her mom let her carry my family since she was born..Presently, I am now eligible to apply for citizenship..I want her to be included as one of my dependents and I am planning to sponsor her someday....But I don't know how to process this? What documents should I present to the immigration?..Your advice will be highly appreciated...Thank you

 

[PMM]

Hi

Hello, I am a permanent resident..I have a child out of wedlock. She was born January 2008 and I have no knowledge about her that time. I got here on June of 2009 and my family told me that I have a child the following year..I went home 2011 to meet her personally and I signed the documents for acknowledgement..I'm just glad that her mom let her carry my family since she was born..Presently, I am now eligible to apply for citizenship..I want her to be included as one of my dependents and I am planning to sponsor her someday....But I don't know how to process this? What documents should I present to the immigration?..Your advice will be highly appreciated...Thank you

Sorry you are out of luck. As the child was neither declared nor examined prior to your "landing" she is no longer a member of the family class and can't be sponsor. It doesn't matter that you didn't know that she existed before you emigrated.

 

[truesmile]

As I read your post, (with PMM's response below but out of sight) - REALLY I was hoping his answer was going to be something different (although that rule is what was going through my mind). So sorry to hear that!

Anyone out there, could homosapien perhaps "adopt" his own child?? It's a stretch I'm sure but anyway . . .

 

[blueboom]

As I read your post, (with PMM's response below but out of sight) - REALLY I was hoping his answer was going to be something different (although that rule is what was going through my mind). So sorry to hear that!

Anyone out there, could homosapien perhaps "adopt" his own child?? It's a stretch I'm sure but anyway . . .

I was thinking the same thing! That's too bad.

 

[homosapien]

Hello,...Thank you so much for your replies...is there a possibility that I can adopt my daughter if her mom permits?...Thank you

 

[Leon]

Adopting her still wouldn't change the fact that she is your biological child that you did not include on your PR application. The rules are clear and if the rules are followed, you will never be able to sponsor her. You could discuss this with an immigration lawyer or you could apply to sponsor her for PR and see what happens which is probably that you will be refused. You can not include her in your citizenship application unless she is a PR already.

However, you could possibly help her immigrate when she is older if she wants to. You may be able to help her get a job offer etc.

 

[OhCanadiana]

Hello, I am a permanent resident..I have a child out of wedlock. She was born January 2008 and I have no knowledge about her that time. I got here on June of 2009 and my family told me that I have a child the following year..I went home 2011 to meet her personally and I signed the documents for acknowledgement..I'm just glad that her mom let her carry my family since she was born..Presently, I am now eligible to apply for citizenship..I want her to be included as one of my dependents and I am planning to sponsor her someday....But I don't know how to process this? What documents should I present to the immigration?..Your advice will be highly appreciated...Thank you

I think the part others may have missed is that you had no knowledge of your daughter at the time you applied nor at the time you landed. If you can prove this, you may be able to successful.y sponsor her to get PR status.

See OP-2 at http://www.cic.gc.ca/ENGLISH/resources/manuals/op/op02-eng.pdf for a policy discussion, especially around pages 14 and 15.

 

[PMM]

Hi

I think the part others may have missed is that you had no knowledge of your daughter at the time you applied nor at the time you landed. If you can prove this, you may be able to successful.y sponsor her to get PR status.

See OP-2 at http://www.cic.gc.ca/ENGLISH/resources/manuals/op/op02-eng.pdf for a policy discussion, especially around pages 14 and 15.

Whether the OP had knowledge or not of the child, is immaterial, the child was not examined, and therefor is not a member of the family class and can't be sponsored.

 

[chipits]

Hi


Whether the OP had knowledge or not of the child, is immaterial, the child was not examined, and therefor is not a member of the family class and can't be sponsored.

Did you even read the link that was posted?

Excluded family members and humanitarian and compassionate grounds

A25 requires officers and delegated authorities to examine humanitarian and compassionate
factors (H&C) upon the applicant’s request. In addition, if an officer believes there are strong
humanitarian and compassionate factors present in a case, the officer may on their own initiative,
without the applicant specifically requesting it, put the case forward to the person with the
delegated authority to approve the use of A25(1) for the case. A separate application and fee are
not required.

A25 can be used by applicants to overcome being an excluded family member or any other
requirement of the Act. This includes an applicant who has a sponsor who does not meet eligibility
requirements.

The text that follows addresses the use of A25 in relation to R117(9)(d). This regulation excludes
from the family class, persons who were not examined as non-accompanying family members at
the time their sponsor made their application for permanent residence.

In considering the use of H&C for excluded family members, the officer should take into account
all relevant factors including, but not limited to, those provided below.

General

• The onus is on the client to understand their obligations under the law. The information guides included
with application kits and visa issuance letters give clear information on the need to declare and have
examined all family members including new family members.

• The exclusion found in R117(9)(d) exists to encourage honesty and prevent applicants from
circumventing immigration rules. Specifically, it exists to prevent applicants from later being able to
sponsor otherwise inadmissible family members under the generous family class sponsorship rules
when these family members would have prevented the applicant’s initial immigration to Canada for
admissibility reasons (i.e., excessive demand).

• The application of humanitarian and compassionate considerations may nonetheless be appropriate in
cases that are exceptional and deserving from a reasonable person’s point of view.
Case-specific factors

• Canada’s continuing obligations under the Convention on the Rights of the Child require that the
Department consider the best interests of a child directly affected by the application whether they are
explicitly mentioned by the applicant or are otherwise apparent. (For more information on the
application of the policy pertaining to the best interests of the child, see OP4, section 8.3.)

• Where family members were declared but not examined and it is clear that the applicant/sponsor made
their best efforts to facilitate this examination and that this lack of examination was beyond the
applicant’s/sponsor’s control, considering the use of H&C factors may be appropriate.
When the client presents compelling reasons for not having disclosed the existence of a family
member, it may also be appropriate to consider the use of H&C factors. For example:

• a refugee presents evidence that they believed their family members were dead or that their
whereabouts were unknown; or

• a client presents evidence that the existence of a child was not disclosed because it would cause
extreme hardship because the child was born out of wedlock in a culture that does not condone this.

It definitely looks like it might be possible for the child to be sponsored anyway, on the basis that the father didn't know about him/her.

 

[PMM]

Hi

Did you even read the link that was posted?

It definitely looks like it might be possible for the child to be sponsored anyway, on the basis that the father didn't know about him/her.

I have read the link. There is no sponsorship. The child would have to apply under 25.1 Humanitarian and Compassionate grounds. Based on the father in Canada, the punitive father can support the application, but it is not a sponsorship.

 

[homosapien]

...I am very thankful for all of your replies...I feel sad for I will not be able to sponsor my daughter..I hope that someday that there will be a law that will permit this...Since my daughter is under the care of my mom, and I'm planning to sponsor my mom as my dependent, can she apply for a tourist visa (with the permission from the mother of my daughter) for my daughter back home just to have a visit here? Can she indicate in the application that my daughter has a father here as the reason for her visit?.....Thank you so much

 

[OhCanadiana]

...I am very thankful for all of your replies...I feel sad for I will not be able to sponsor my daughter..I hope that someday that there will be a law that will permit this...Since my daughter is under the care of my mom, and I'm planning to sponsor my mom as my dependent, can she apply for a tourist visa (with the permission from the mother of my daughter) for my daughter back home just to have a visit here? Can she indicate in the application that my daughter has a father here as the reason for her visit?.....Thank you so much

Homosapien - if you have proof (e.g., letters from later on when you learned the news, affidavits from people aware of the sitation) that you didn't know that you had a daughter at the time you applied and landed, you should be able to make a strong case for the Officer not to exclude your daughter based on H&C considerations even though you didn't declare her and still be able to sponsor her. Read the link I provided and the last part of chipit's post.

[b]When the client presents compelling reasons for not having disclosed the existence of a family
member, it may also be appropriate to consider the use of H&C factors. For example:[/b]

• a refugee presents evidence that they believed their family members were dead or that their
whereabouts were unknown; or

[b]• a client presents evidence that the existence of a child was not disclosed because it would cause
extreme hardship because the child was born out of wedlock in a culture that does not condone this.[/b]

 

[betikum]

I'm in this situation right now. Couldn't add her because of the issues with her mom( my ex girlfriend)

What can be done to sponsor her?

 

[betikum]

Did you even read the link that was posted?



It definitely looks like it might be possible for the child to be sponsored anyway, on the basis that the father didn't know about him/her.

 

[canuck78]

I'm in this situation right now. Couldn't add her because of the issues with her mom( my ex girlfriend)

What can be done to sponsor her?

How did you come to Canada?