Why bother turning in PR card and cancelling permanent residency?
- Thread starter toby
- Start date
adanac21 said:
What is your situation?
1. Which immigration class did you apply under?
2. Were you already married at the time or in a common law relationship?
3. Was your son already born when you got your PR?
4. Why did you not include them on your application?
Leon said:
I am a permanent resident here in Canada and I am planning in filing for petitioning my wife and son. The problem is I didn't declared my son when I came here in Canada.
No we were not married back then but we already have a son but I didn't declared him.
My mother was afraid that if I included my son and girlfriend in my records I can't go with them here in Canada that's why I did by include them in my papers. After I came here in Canada I went back to the Philippines to marry my wife. And now I want to get them here. But I don't know how please help
Leon said:
Whats the best move can we take? Can I petition may son and wife? Or will I cancel my pr status and go back to Philippines then apply as provincial nominee like my family did?? What's the best thing to do in our situation? If I relinquish my or card can we immediately apply for provincial nominee? Please help.
You made a mistake by not including your son. You still would have been able to immigrate as a dependent child of your mother as long as you were not married. Now you will be barred from sponsoring your son because you did not declare him.
You can look into PNP and other immigration classes to see what you qualify for. In most cases you need a job offer so it would be good for you to get a job now while you still have your PR and if you have a good employer, talk to them about your situation and if they will help you immigrate again with your family.
Otherwise, you could sponsor your wife but not your son and when she gets her PR, she could sponsor your son but the question is if immigration will revoke your PR as you apply to sponsor your wife and they realize that you have a son that you did not declare on your original application. When you sponsor your wife, you would have to include the son as not-accompanying and he would have to have the medicals.
You can look into PNP and other immigration classes to see what you qualify for. In most cases you need a job offer so it would be good for you to get a job now while you still have your PR and if you have a good employer, talk to them about your situation and if they will help you immigrate again with your family.
Otherwise, you could sponsor your wife but not your son and when she gets her PR, she could sponsor your son but the question is if immigration will revoke your PR as you apply to sponsor your wife and they realize that you have a son that you did not declare on your original application. When you sponsor your wife, you would have to include the son as not-accompanying and he would have to have the medicals.
Leon said:
I think so, I have enough work exprience and a good educational background and my wife is gonna be graduating soon. My only concern is would my mistake on not declaring my son be an issue on filing for nomination? Would they question about why I relinquish my pr status?
adanac21 said:
If they knew about you not declaring your son, worst case scenario you could lose your PR but that would not stop you from applying again. You probably have to tell them about your son anyway when you renounce your PR because they will want to know why you are renouncing it. It can be difficult to renounce your PR while you still meet the residency requirements.
Read up on the PNP website in your province if you qualify, even talk to the PNP. "I think so" is not really a safe bet. You could renounce your PR, then find that you don't qualify and be stuck in the Philippines. Usually you need a job offer for PNP. While you still have your PR, you could be building a relationship with an employer who will later sponsor you for PR after you have renounced it.
There are misrepresentation clauses in the IRPA governing PR applications so abandoning your PR in the hope of re-applying again to include your son this time round is a waste of time. You will end up being inadmissible. Also the Immigration and Refugee Board (IRB) and Federal Court(FC) are full of cases such as yours - doesn't matter why the child/dependent was not included in the application. They are not a member of the Family Class so any sponsorship appeals get bounced in fact IRB/FC has no jurisdiction in such cases. I'd expect Manila to ask for DNA tests if you decide to go the 'its not my biological son route'...the visa post knows all these tricks.
adanac21 said:
CIC does not render everybody inadmissible who fail to include their spouse/child. I don't even recall how many people have come here and said nothing happened to them except they were not allowed to sponsor their spouse. I remember one who said that he himself lost his PR as a result of that.
If you look at OP2, the manual for family class, it does state that a dependent child who was not declared can not be sponsored as a member of the family class but could however gain PR as a family member on a new application, see http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf on page 16.
Further, it says that if you commit misrepresentation that would have been material to decision making on your application, you would be banned for 2 years. Not including your child is not such misrepresentation because it would not have affected your application at all. If you had been married and failed to include a spouse, that would have affected your application because if you had been married, you could not have been a dependent child on your mothers application.
You should talk to a lawyer to make sure you do everything right from now on. If you want to be completely honest with immigration, you would report yourself to them and see what happens. If they take your PR and ban you for 2 years, that's another thing but then you can be with your gf and child in the Philippines and work on your PR application for later.