Hi. I have son in the Philippines that my mother didn't include on her permanent residence application. I got pregnant in the process and I was under 18 years old, I didn't sign any forms because my mother did it for me. I'm not married or anything. He's using my name. I'm thinking of submitting an sponsorship application for him but I know it will be a long shot since he wasn't declared. Is there any way or a better way I could still get my son here? Thanks.
Sponsoring Undeclared Child
- Thread starter msucanthave
- Start date
I think, if your son is under 22, you can sponsor him, providing the birth certificate and other relevant documents that can prove that you are his mother.
Hi. Thanks for your reply. He’s only 5 years old. I left when he was just 2 years old. My mother told me I can just sponsor for him when I land but I didn’t know that my mother were supposed to declare him for me to be able to sponsor him. I know my mother was lyng when she told me she didn’t know about the whole process. She said the reason why she didn’t declare my son is because I wouldnt be able to work and take care of gim at the same time.
That's incorrect. He can never be sponsored since he wasn't declared in the PR application.
Unfortunately you can never sponsor him since you failed to declare him in your application. It was mandatory that you add him to the application at the time you were immigrating and becoming a PR.
There are two options for you child to become a PR. The first is that you officially give up (renounce) your PR status, return home and then reapply for PR on your own through an economic immigration stream (including your child in the application). The second is that the child's father applies for PR through an economic immigration stream and includes the child in his application.
You need to familiarize yourself with IRPR 117(9)(d) before offering advice on this subject.
https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-117.html
Excluded relationships
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
- (a) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner and is under 18 years of age;
- (b) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
- (c) the foreign national is the sponsor’s spouse and
- (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or
- (ii) the sponsor has lived separate and apart from the foreign national for at least one year and
- (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
- (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or
- (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
- (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or
- (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;
- (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
And so I asked her to consult a lawyer and I've clearly mentioned 'I think'. I wasn't sure, that's why I asked her to consult a lawyer.
Hi. Thanks for your reply. I’m not with his father anymore. I was also wondering if I can still get him here through adoption process if my boyfriend adopts him. Is that possible? Thanks.
No - not possible. IRCC will classify this as an adoption of convenience entered into for the sole purpose of facilitating PR and getting around the fact that you didn't declare your child in your application. Also, your child is not an orphan.
Given the father is no longer in the picture, the only option is for you to give up your PR status and reapply from scratch - this time including your child in the application.
I was wondering if I could appeal for compassionate and humanitarian grounds? I can’t handle the thought of not getting my son here just because my mother didn’t know about the whole process or just because she was upset that I got pregnant early. Whatever her reason is, my son and I are the one suffering because of her negligence.
You can - however these cases are almost always refused. Also - by pursuing this, you will make IRCC aware of this situation and IRCC may decide to revoke your PR status for misrepresentation (because you failed to declare your child).
The fact your mother didn't know about the whole process or that she was upset that you got pregnant is irrelevant. By failing to declare your son, he is no longer classified as a dependent for immigration purposes and cannot be sponsored.
Can I atleast try to appeal under compassionate and humanitarian grounds since I was under 18 years old when it was being processed and had no idea of the process? It was my mother who handles everything. Thanks.
If I start the whole process again, how long would that take me? And are there any cases that had been succesfull? Thanks.
It depends which program you apply through for PR - typically at least six months but it could be over a year. Your mother will not be able to sponsor you - so you'll need to either qualify on your own through an economic immigration program like Express Entry - or if you and your boyfriend are married or common law (have lived together for at least a year and he is Canadian, then he would be able to sponsor you.
The first step before you can apply for PR again would be to renounce the PR status you have now. This means that you would have to stop working in Canada and would no longer be entitled to live here or benefit from the health care system - or attend school as a domestic student.
So if me and my boyfriend are common law or I marry him before I renounce my PR status and go back home, he would be able to sponsor me and then I can put my son as my dependant right?