Husband landed without medical for dependent child

[tartecerise]

Hello - I'm a Canadian citizen who sponsored my husband ( Australian)  about 10 years ago to become a permanent resident. He's now a Canadian citizen .

I don't know how we missed it, but although we declared that he had a dependent child (mother had full custody in the UK) we didn't realize that the 5 year old who was not living with him when he landed also needed to get a medical.

Two years ago the child ( who's now 13 yrs) came to live with us in Canada and we started the process to sponsor him. Two weeks ago we received a letter from the Buffalo Visa office asking us to bring in his passport with 3 photos to get the permanent residence visa.

A few days later we received a letter from the same office from an immigration officier who said because my husband " did not declare the presence of other dependents, for the purpose of immigration", on his landing record, his child was now excluded from applying for immigration in the family class.

When I looked at the CIC web site I finally see that without a medical for the child when I sponsored my husband so long ago we may forever be banned from sponsoring his son. It doesn't say that in the letter but it says the "onus is on you ( my husband)" to satisfy the immigration officer that a visa can be issued to his son.

After being approved for sponsorship and getting the letter from Buffalo indicating the process is complete we don't understand why this other letter has arrived now. It took so long to get to this point that my step-son has already had to have 2 medicals ( he's in excellent health). 

Is it really possible that my husband will never be able to sponsor his own son?! Can I sponsor my step-son ( now 15?). Can my husband renounce his citizenship and start the whole process over again. Should we just go to Buffalo with the letter indicating the process is complete and take our chances?

We aren't sure how to proceed. Any suggestions would be extremely welcome.

[tartecerise]

I wanted to add that the sponsorship of my husband begin in 1999 and the form we filled out at that time asked us to indicate if he had any children. He answered yes and gave name and date of birth. He did not have to indicate in anyway that he didn't want his child included in an assessment of his application nor did it say anything about getting a medical for his 5 year old son who was living in the UK with his mother at the time.

The dreaded regulation 117(9) d - which I've learned about today- and which is quoted in the letter we rec'd from the immigration officer, did not come into effect until 2002. Does that make a difference?