UNDECLARED CHILD, WHAT TO DO

[scylla]

While superficially the cases are similar, there are a lot of nuances in the referred to case that make it more compelling. The appellant had no access to the child before immigrating and was well established in Canada long before the sponsorship attempt.

I think that's exactly what canadianwoman meant in her last paragraph. While the above is an example where an appeal succeeded, the H&C circumstances were significant and this same level of H&C considerations do not exist for the OP's situation. Apples and oranges.

 

[kitty_T]

Hi, sorry to hijack this post, am hoping to receive good advice and info.

Ijust recently sent through our application for sponsorship. 2weeks after we had sent through the application, our baby was born. We still waiting on AOR and SA, what are the procedures of adding our little one, since we sent through the app before she was born? Already in our application we mentioned that we were expecting, as proof of relationship, and also mentioned the due date.

Thank you in advance

 

[Rob_TO]

This is the first case I have seen where an undeclared child was found to be sponsorable. The H & C grounds were significant: the father had been living and working in Canada for 18 years at that point, had never been on welfare, had been supporting his wife and child and other family members back home, and seemed to have integrated himself very well in his community.

Thanks for finding that, definitely an interesting case. There are indeed significant H&C grounds in play here with such a long history already established in Canada before attempting to sponsor the mom and child. Glad to see that there is hope for some people in extenuating situations such as this.

This case also though shows the incredible risk of pursuing these kinds of cases. Had the appeal lost (like it does in vast majority of these cases), not only would the child not be able to be sponsored, but he would have had his PR status revoked as well. Though I guess if it's found you can never sponsor your child, renouncing your PR would be a possible next step anyways.

We've also seen tons of cases on this site where PRs have applied to sponsor their undeclared spouses or kids, and the apps are simply rejected due to this rule and that's the end of it. I wonder why some cases then proceed to revocation of PR status due to the initial misrepresentation, while others they don't seem to care? Guess it depends on the visa officer processing the application and how they want to proceed.

 

[canadianwoman]

I was wondering that myself. Why did trying to sponsor an undeclared child lead to the government investigating the father's PR in this case? If he had lost the appeal, he would have lost his PR as well and would have been removed from Canada.
Maybe the people who tell their stories about trying to sponsor an undeclared spouse or child on this forum are having problems with their own PR later - it is just that it takes a while for the government to investigate, and maybe by then these people are no longer posting here. I don't know. Canlii is only going to show us the cases that went to appeal, not the results of every investigation.

 

[SenoritaBella]

Another potential issue - it appears her son was a minor at the time of the application and had a baby. If he was not married and was not in a common-law relationship up until landing, then:

1. the mom was supposed to fill out a Financial Evaluation form: http://www.cic.gc.ca/english/pdf/kits/forms/IMM1283E.PDF because she had a dependent son, who himself had a dependent child(her grand child).
2. she was supposed to declare the grand child
3. she didn't do this(based on OP's comment), and it's a material misrepresentation since it led to an error in the administration of the Immigration Act. The officer could not assess whether or not she had the minimum income necessary for her family size. This is a big deal.

If he was married or in a common-law relationship at anytime up until landing:
1. he was no longer considered a dependent and should have been removed from his mom's application
2. he would have had to find his own way to get to Canada, fill out forms and declare his baby and wife/common-law partner

As it stands, no matter which scenario, the baby can not be sponsored ever. The mom and her son's PR may be in jeopardy over this misrepresentation. Perhaps this information would spark some interest on her part to try to resolve this issue.

Lastly, officers ask before completing the landing procedures whether family composition, etc has changed. This was another opportunity to declare the child but he didn't. Cutting corners does not help in the long run. To ensure all avenues are explored, best to seek legal advice - some offer free consultations.

 

[Bricksmith]

Beating a dead horse Rob. Some people will just never get it.

Indeed. <sigh> You're wasting your time Rob.

It seems to me that Ifeedly is just a troll and you are feeding the troll.

 

[SamHom]

Indeed. <sigh> You're wasting your time Rob.

It seems to me that Ifeedly is just a troll and you are feeding the troll.

Not necessarily a troll. Unfortunately I believe they are reasoning the same way many lawyers and consultants would. It's sad.

 

[marvink8_29]

Hi can u give me some advice guys?

I have a child but i didnt declare her as my dependant before landing here in Canada because i have no name in her birth certificate, because we broke up with my wife when she was pregnant thats why she didnt let me to sign any papers of my child, the child was born 2013 then i came here in canada 2014 and me and my wife been together again then i decided to marry her last year 2015.. so now im planning to sponsor them at the same time..
I hope you can help me here guys.. thank you so much and godbless is all

 

[zardoz]

Hi can u give me some advice guys?

I have a child but i didnt declare her as my dependant before landing here in Canada because i have no name in her birth certificate, because we broke up with my wife when she was pregnant thats why she didnt let me to sign any papers of my child, the child was born 2013 then i came here in canada 2014 and me and my wife been together again then i decided to marry her last year 2015.. so now im planning to sponsor them at the same time..
I hope you can help me here guys.. thank you so much and godbless is all

I'm pretty sure that you already know the answer is no. If your wife was declared as your dependent when you applied for PR, and was medically examined, you can sponsor her. If the child was never declared and was not medically examined as your dependent when you applied, the child is excluded as a member of the Family Class and cannot be sponsored by you.

 

[mikeymyke]

Hi can u give me some advice guys?

I have a child but i didnt declare her as my dependant before landing here in Canada because i have no name in her birth certificate, because we broke up with my wife when she was pregnant thats why she didnt let me to sign any papers of my child, the child was born 2013 then i came here in canada 2014 and me and my wife been together again then i decided to marry her last year 2015.. so now im planning to sponsor them at the same time..
I hope you can help me here guys.. thank you so much and godbless is all

Your wife should immigrate here as a skilled worker and then add your child.

 

[ggkaloy]

hi , someone can answer my question? im new here in canada my mother took me under live in care giver program, i have undeclared child as well back home , my mother didnt declare him because she already pass the application after my partner became pregnant, next year im planning to marry my partner and apply myself under family class program to get my wife and son, my question is it possible to get my son at tis point?

 

[canuck_in_uk]

hi , someone can answer my question? im new here in canada my mother took me under live in care giver program, i have undeclared child as well back home , my mother didnt declare him because she already pass the application after my partner became pregnant, next year im planning to marry my partner and apply myself under family class program to get my wife and son, my question is it possible to get my son at tis point?

No, you will not be able to sponsor your child. You and your mother made a huge mistake in not including the child in the original PR app. It didn't matter that the app was already submitted; the child needed to be added to the app when he was born. CIC clearly states that they must be informed of all family changes prior to issuing PR. He is now excluded from the Family Class and this will also prevent you from sponsoring your partner.

You need to look at having your partner qualify independently to come to Canada and bring the child with her.

 

[mikeymyke]

I just want to say that I personally know in the Filipino community, that it's a common misconception among them that they can somehow not declare their child prior to landing, and that they can sponsor them afterwards.