undeclared child. I NEED ADVICE .thank you so much

[canadianwoman]

I agree with the above. CIC is not going to allow you to sponsor her. Instead, look at the other possible ways of immigrating, and get her the education and training she would need to immigrate under one of those other streams. Such as Federal Skilled Worker, as a caretaker, whatever. The time and money it would take to try to sponsor her would be better spent getting her ready to immigrate to Canada some other way.

 

[mrFoce]

I agree with the above. CIC is not going to allow you to sponsor her. Instead, look at the other possible ways of immigrating, and get her the education and training she would need to immigrate under one of those other streams. Such as Federal Skilled Worker, as a caretaker, whatever. The time and money it would take to try to sponsor her would be better spent getting her ready to immigrate to Canada some other way.

If I understand her posts correctly, she did put her on the forms as familiy member. However, not as a daugther but as a sister. She should really go to a good lawyer that knows the law on immigration and mispresenation very well.

 

[screech339]

If I understand her posts correctly, she did put her on the forms as familiy member. However, not as a daugther but as a sister. She should really go to a good lawyer that knows the law on immigration and mispresenation very well.

OP couldn't have listed the child as her daughter on the declared family form as sisters/brothers are not part of the declared dependent. So she did not put her down as a family member.

 

[canadianwoman]

The child would have had to have been examined medically as well. Even cases where a man had a child he did not know about at the time of application, but later wanted to sponsor, do not win on appeal. Here she knew she had a daughter and deliberately did not reveal her existence.

 

[mrFoce]

OP couldn't have listed the child as her daughter on the declared family form as sisters/brothers are not part of the declared dependent. So she did not put her down as a family member.

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.

Looks like she did?

 

[screech339]

Looks like she did?

You're right. I missed that part. Even if she did list the child as her sister, CIC won't accept it as siblings are not considered dependents.

 

[scylla]

Looks like she did?

The problem is that there's a huge difference between declaring dependents and declaring family members. Dependents must be medically examined - family members are not.

There is no question that the daughter cannot be sponsored via regular means as a daughter because she wasn't declared as such. Sponsoring her as a sibling is also not possible (due to age and existance of other family members).

So the only options is H&C - which is an extreme long shot and likely won't succeed (especially due to the misrep).

 

[canadianwoman]

Looks like she did?

Yes, but she was probably (or certainly?) only declared on the Additional Family Information form, IMM 5406, where applicants do have to list their siblings. This is not the same as having a family member examined. As her daughter, the child should have had a medical examination. She did not.

 

[mrFoce]

Yes, but she was probably (or certainly?) only declared on the Additional Family Information form, IMM 5406, where applicants do have to list their siblings. This is not the same as having a family member examined. As her daughter, the child should have had a medical examination. She did not.

I think the medical is the least of her problems. Declaring someone as sister who is actually your daughter, would be the biggest problem.

I agree with everyone here that H&C seems to be your option, however, when I check the official website, I wouldn't really count on it. In other words (as adviced before and what you're already going to do) - talk to a good lawyer.

People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (H&C) grounds.

H&C grounds apply to people with exceptional cases. Applications to become a permanent resident based on H&C grounds are assessed on a case-by-case basis. Factors that are looked at include:

how settled the person is in Canada,
general family ties to Canada,
the best interests of any children involved, and
what could happen to the applicant if the request is not granted.

 

[canadianwoman]

Looking at the typical H & C grounds, I do not see much hope.
How settled the person is in Canada? The daughter is not in Canada, and never has been. They are not referring to how settled the mother is in Canada.
General family ties to Canada? The daughter has some, but also some to her home country, that is, her putative father who is actually her grandfather, and other relatives.
The best interests of any children involved? Because the daughter is already 19, this probably will not count. In any case, she has grown up outside of Canada. CIC does not mean by this that any country other than Canada is automatically worse than Canada. You would have to prove that she would be better off with her real mother in Canada, and not just because of the generally higher standard of living, education, or health care.
What would happen if the request is not granted? She would stay in her home country, where she has been living all her life.

I cannot see H & C working. If you want to try it, consult an immigration lawyer for help. In the meantime, work on getting your daughter here some other way.

 

[Abe1004]

Call me rude, but this case is beyond sketchy from all standpoints and theres so many suspicions it causes. Sadly even for every genuine case like that there are 28474728 fake ones hence immugration is so strict on these matters

 

[keesio]

It's sad. To avoid the embarrassment of other people knowing she had a child so young, she torpedoed her chance to ever sponsor her daughter.

 

[truesmile]

It's sad. To avoid the embarrassment of other people knowing she had a child so young, she torpedoed her chance to ever sponsor her daughter.

You mean... It's sad. To speed up her own application, she torpedoed her chance to ever sponsor her daughter.

The OP could have corrected this sooner, a lot of red tape but could have been done (and if not, couldn't sponsor her anyway). Either that, OR the 3rd (eldest daughter) very late in the game said "Awwww, can I come too."

"Good lawyer." Like I said earlier, "waste a LOT of time and money". Better move on to another angle. (OP hasn't peeped in a while, perhaps already has.)

 

[Abe1004]

You mean... It's sad. To speed up her own application, she torpedoed her chance to ever sponsor her daughter.

The OP could have corrected this sooner, a lot of red tape but could have been done (and if not, couldn't sponsor her anyway). Either that, OR the 3rd (eldest daughter) very late in the game said "Awwww, can I come too."

"Good lawyer." Like I said earlier, "waste a LOT of time and money". Better move on to another angle. (OP hasn't peeped in a while, perhaps already has.)

You laid it out there, pretty much what I thought and didn't want to say.

Not to mention theres always an odd chance, this whole story is a bunch of crock $hit and its just "hey lets try to get my sister on board" type of scenario, if I know how things are done in that end of the world, I wouldnt be surprised if DNA test could be easily taken care of for right sum with right people.

So yea, I dont believe this story for a second and even if I do, I feel like OP was way too egotistical to care for her own daughter, I have no idea why all of the sudden these "motherly feelings". Dont believe it, dont buy it.

If i was prosecution I would rip you a new one, so don't waste your money, look for other ways.

 

[mrFoce]

You laid it out there, pretty much what I thought and didn't want to say.

Not to mention theres always an odd chance, this whole story is a bunch of crock $hit and its just "hey lets try to get my sister on board" type of scenario, if I know how things are done in that end of the world, I wouldnt be surprised if DNA test could be easily taken care of for right sum with right people.

So yea, I dont believe this story for a second and even if I do, I feel like OP was way too egotistical to care for her own daughter, I have no idea why all of the sudden these "motherly feelings". Dont believe it, dont buy it.

If i was prosecution I would rip you a new one, so don't waste your money, look for other ways.

The thing that does not make sense to me is this: why did she file her PR papers with her daughter as her sister? Why didn't she get legal advice before sending in the papers and misrepresenting her family situation. It doesn't add up for me.