undeclared child. I NEED ADVICE .thank you so much

[sharonin]

I have 3 more children in Philippines. I declared the 2 and their visa is already on process. I wasn't able to declare my eldest. The reason is I had her when I was 17 and my parents put her under their name so she appeared to be my sister on her birth cert. But now my mom passed away and I am willing to process her papers to be transferred under my name and to undergo dna. will I be able to justify this to the immigration? like I didn't declare her the time I applied becoz I can not prove it on my papers. I based everything from the documents that I can present them. Like if I did declare her as my daughter before and the immigration asks for proof like birth cert, I have nothing to present them. Please give me an advice. Thank you so much!

 

[sounion]

sharonin, your case is very specific and has quite a lot of moving parts. In your situation I would highly suggest getting an immigration lawyer.

 

[sharonin]

yes.i am going to see one next week. excited and scared though. thank you!

 

[mrFoce]

This might apply to you: http://www.settlement.org/discuss/topic.asp?topic_id=15843

I believe your have misrepresented yourself by not declaring your child, since they ask you to declare all family members (accompanying or not).

Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5 below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.

All family members, whether accompanying the principal applicant or not, are required to be examined unless an officer decides otherwise. Normally, an inadmissible family member, whether
accompanying or not, would render the principal applicant inadmissible.

Get a good lawyer

 

[sharonin]

she is my child from my ex-husband. I declared her as my sister for that is the only paper that I have that time.

 

[mr.peace]

Are the 3 children from the same father who you sponsored together with the other 2 kids?

 

[sharonin]

nope. the father of my eldest passed away already.

 

[mr.peace]

she is my child from my ex-husband. I declared her as my sister for that is the only paper that I have that time.

This answers my question. Personally (and it's an opinion), I think you have to adopt her first?

 

[sharonin]

she is already 19

 

[jomz]

I am so sorry for your mom passing. Unfortunately I do not have any answers for you in your predicament. What I would actually be concerned with is "misrepresentation" by showing your daughter as your sister on the initial application (meaning lying to CIC). Please try and see a good lawyer, maybe have consults with a few lawyers in your area to get their point of view.

 

[sharonin]

that is what I am thinking but the thing is why will they think I lied if I based everything that is on the papers. IF my daughter is under my name and I did not declare her that is clear that I lied to them. yes, I am going to an immigration lawyer. hopefully, God's will thank you

 

[SenoritaBella]

They would view it as lying because you know that you gave birth to her. So no matter what, she remains your daughter. The proper thing would have been to declare her from the start as your child, even if you had no birth certificate. A DNA test would have established that.

The other thing is, she was not examined when you sponsored the other 2 children. In CIC's eyes, she is no longer a member of the family class. Therefore, you can never sponsor her.

 

[jomz]

Unfortunately I don't have the answers. Yes I know you based it on papers, however what you declared was based on documents that were fraudulent, which fact you were aware off, as you knew she was your daughter, and you knew you gave birth to her etc. I don't know what they (CIC) will say or how they will approach this. I hope they approach this case with some understanding. May God protect you and your family and make this process easy for you.

 

[scylla]

that is what I am thinking but the thing is why will they think I lied if I based everything that is on the papers. IF my daughter is under my name and I did not declare her that is clear that I lied to them. yes, I am going to an immigration lawyer. hopefully, God's will thank you

Sponsoring her as your daughter through family class is no longer possible because you misrepresented your relationship and failed to properly declare her. You also cannot sponsor her as your sister due to her age and the fact you have family in Canada.

Your only hope is H&C - but the chances of success are likely quite low. As others have said, you made a misrepresentation on your application when you failed to declare her as your daughter. You should discuss this in detail with your lawyer to make sure you don't create problems for your own PR status if you pursue sponsorship.

 

[truesmile]

Just so you hear it from another voice. scylla is absolutely correct. Your daughter (if you could even prove that now) is forever excluded from the Family Class as she was not examined. Many have applied, failed, and even tried to appeal. There are many cases in the CANLII database and even the appeals of the most sympathetic of cases are dismissed. The law is "relentless" on this issue.

You will waste a LOT of time and money, she would be better to look for ways to immigrate to Canada on her own merits.