Sponsoring spouse and undeclared children

[MonicaZhou]

Hello everyone. My mother became PR in 2003 (landed in May 2003). I was born in Nov 2002. She did not declare me as a dependent child at that time. My mother and father were married in Dec 2003 and they are my biological and legal parents.

In July 2023, I filed my application as the principal applicant and the sponsor was my mother. Recently, I received a letter from immigration office stating that I could not be included as a "family member" and also stating that my situation did not qualify for the pilot program and any of the current regimes. Now they are giving me a month to conduct a situation clarification.

ADDITIONAL: I had traveled to Canada in July 2017 on a family visit visa to spend a vacation with my mother.

My question is:

1. Is there any need for me to continue that application? It is true that my mother did not declare me as dependent child at that time and I could not be included as a member of the family class. Also my mother is a skilled immigrant.

2. If my father submits an application to become a PR before my 22nd birthday, can he include me as a dependent child? Thus becoming a family member and included in the consideration for getting PR？

 

[Naturgrl]

Hello everyone. My mother became PR in 2003 (landed in May 2003). I was born in Nov 2002. She did not declare me as a dependent child at that time. My mother and father were married in Dec 2003 and they are my biological and legal parents.

In July 2023, I filed my application as the principal applicant and the sponsor was my mother. Recently, I received a letter from immigration office stating that I could not be included as a "family member" and also stating that my situation did not qualify for the pilot program and any of the current regimes. Now they are giving me a month to conduct a situation clarification.

ADDITIONAL: I had traveled to Canada in July 2017 on a family visit visa to spend a vacation with my mother.

My question is:

1. Is there any need for me to continue that application? It is true that my mother did not declare me as dependent child at that time and I could not be included as a member of the family class. Also my mother is a skilled immigrant.

2. If my father submits an application to become a PR before my 22nd birthday, can he include me as a dependent child? Thus becoming a family member and included in the consideration for getting PR？

1. If your mother didn’t declare (don’t know why she wouldn’t) then she would never be able to sponsor you in the future. She misrepresented herself in her application so you are not eligible.
2. Was your father not included in your mother’s application for PR? Did he not land? He cannot include you in his application, as your mother is still the sponsor. Once he is PR and is in Canada, then it may be possible for him to sponsor but most likely this will not happen before your 22nd birthday.

 

[canuck78]

Hello everyone. My mother became PR in 2003 (landed in May 2003). I was born in Nov 2002. She did not declare me as a dependent child at that time. My mother and father were married in Dec 2003 and they are my biological and legal parents.

In July 2023, I filed my application as the principal applicant and the sponsor was my mother. Recently, I received a letter from immigration office stating that I could not be included as a "family member" and also stating that my situation did not qualify for the pilot program and any of the current regimes. Now they are giving me a month to conduct a situation clarification.

ADDITIONAL: I had traveled to Canada in July 2017 on a family visit visa to spend a vacation with my mother.

My question is:

1. Is there any need for me to continue that application? It is true that my mother did not declare me as dependent child at that time and I could not be included as a member of the family class. Also my mother is a skilled immigrant.

2. If my father submits an application to become a PR before my 22nd birthday, can he include me as a dependent child? Thus becoming a family member and included in the consideration for getting PR？

Where has your father been living since 2002 and has he had any visas/permits in Canada? How would he get PR?

 

[MonicaZhou]

1. If your mother didn’t declare (don’t know why she wouldn’t) then she would never be able to sponsor you in the future. She misrepresented herself in her application so you are not eligible.
2. Was your father not included in your mother’s application for PR? Did he not land? He cannot include you in his application, as your mother is still the sponsor. Once he is PR and is in Canada, then it may be possible for him to sponsor but most likely this will not happen before your 22nd birthday.

thanks for your reply.
1. My mother didn’t declare me indeed. Maybe she was just worried about that the child would result in the reconsideration. Since before I was born, she had been approved but not landed. However, I cannot change that, so let it go.
2. My parents married in December 2003, which was after my mother’s PR approval and landing. So he was not declared by my mother either. He does not have PR and did not apply for PR. I wonder that if my father applies for PR, can IRCC only consider me as my father's depedent child even though my mother is still the sponsor. i.e. only my relationship with my father and my father's relationship with my sponsor will be considered and not my relationship with the sponsor(my mother).
If in the end I am unable to apply for PR and my father applies before my 22nd birthday, should I be included in the dependent child who does not accompany hime?

 

[MonicaZhou]

Where has your father been living since 2002 and has he had any visas/permits in Canada? How would he get PR?

Thanks for your reply.
My father have not been to Canada. He currently applies for visa under family visiting category. He is going to apply for PR if I am not unable to sponsored by my mother, since there is a 5-years limit for sponsoring.
P.S. My mother thought my father should apply for PR first and take me as dependent child instead of applying visa first. And I guess she is right

 

[Naturgrl]

thanks for your reply.
1. My mother didn’t declare me indeed. Maybe she was just worried about that the child would result in the reconsideration. Since before I was born, she had been approved but not landed. However, I cannot change that, so let it go.
2. My parents married in December 2003, which was after my mother’s PR approval and landing. So he was not declared by my mother either. He does not have PR and did not apply for PR. I wonder that if my father applies for PR, can IRCC only consider me as my father's depedent child even though my mother is still the sponsor. i.e. only my relationship with my father and my father's relationship with my sponsor will be considered and not my relationship with the sponsor(my mother).
If in the end I am unable to apply for PR and my father applies before my 22nd birthday, should I be included in the dependent child who does not accompany hime?

How did your mother get PR?

 

[MonicaZhou]

How did your mother get PR?

Under the ‘other independent immigrants’ category. In the letter, the officer pointed out that I don’t fit the temporary public policy (the one from Sep 2023 to Sep 2026).

 

[Naturgrl]

Under the ‘other independent immigrants’ category. In the letter, the officer pointed out that I don’t fit the temporary public policy (the one from Sep 2023 to Sep 2026).

Ok. So you cannot be included in your father’s PR application, since your mother didn’t declare you and is the sponsor. The only way for your father to sponsor you if for him to get PR through your mother, come to Canada, and then once settled sponsor you.

 

[MonicaZhou]

Ok. So you cannot be included in your father’s PR application, since your mother didn’t declare you and is the sponsor. The only way for your father to sponsor you if for him to get PR through your mother, come to Canada, and then once settled sponsor you.

Thanks! So if my father applies for the PR, then he should report me as the dependent child but do not come with him right?

 

[armoured]

Thanks! So if my father applies for the PR, then he should report me as the dependent child but do not come with him right?

I'd really suggest speaking to a lawyer. This seems like a neat 'trick' but it's quite possible it will not work, or possibly have specific procedural steps to make it work, and since you are currently working within a very limited timeframe, you'd best get it right now.

And, of course, be aware that it may not work.

 

[Naturgrl]

Thanks! So if my father applies for the PR, then he should report me as the dependent child but do not come with him right?

He does with note that you are undeclared and not eligible. If declared, his application will be under investigation and you will be asked to do the medical. Then IRCC will discover that you are not eligible, and that your mother didn’t declare you and lied. You already have the letter from IRCC that you are not eligible under new policies. As suggested get a lawyer to confirm and help with you father’s application.

 

[scylla]

Hello everyone. My mother became PR in 2003 (landed in May 2003). I was born in Nov 2002. She did not declare me as a dependent child at that time. My mother and father were married in Dec 2003 and they are my biological and legal parents.

In July 2023, I filed my application as the principal applicant and the sponsor was my mother. Recently, I received a letter from immigration office stating that I could not be included as a "family member" and also stating that my situation did not qualify for the pilot program and any of the current regimes. Now they are giving me a month to conduct a situation clarification.

ADDITIONAL: I had traveled to Canada in July 2017 on a family visit visa to spend a vacation with my mother.

My question is:

1. Is there any need for me to continue that application? It is true that my mother did not declare me as dependent child at that time and I could not be included as a member of the family class. Also my mother is a skilled immigrant.

2. If my father submits an application to become a PR before my 22nd birthday, can he include me as a dependent child? Thus becoming a family member and included in the consideration for getting PR？

1. No point continuing with the application.

2. Short answer is no. You still cannot be sponsored / included as a dependent. Out of curiosity, is there a reason your mother has waited 20 years to sponsor your father for PR? That seems very odd. Is their relationship still ongoing and they are living together? Sponsorship of your father is only possible if this is the case. One other important question is whether your parents lived together for a year or more before your mother landed in Canada and became a PR. If so, then your father also cannot be sponsored.

Short answer is that you need to focus on economic immigration paths such as Express Entry.