dannie02
Newbie
Posts: 7
Ratings: +0
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« on: March 03, 2011, 02:48:46 am » |
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Hi. I really need an advice about my situation. I'm an immigrant here in Canada, my mom sponsored us. The problem is, I didn't declared my son because I was like 3 months pregnant when my mom started processing our papers. Can I declare my dependent late? Or what? I don't know what to do. Please help.  |
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canadianwoman
Champion Member
Posts: 2847
Ratings: +89
Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009
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« Reply #1 on: March 03, 2011, 02:57:49 am » |
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Are you already in Canada, and have your PR card? You are supposed to report any changes in your family circumstances to the visa office and CIC before you land.
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dannie02
Newbie
Posts: 7
Ratings: +0
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« Reply #2 on: March 03, 2011, 03:05:45 am » |
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Yes. I'm in Canada for about a year now. My mom didn't know that we should do that and I don't have any ideas either.
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canadianwoman
Champion Member
Posts: 2847
Ratings: +89
Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009
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« Reply #3 on: March 03, 2011, 04:13:55 am » |
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Where is your child now? Where was he/she born? And who is taking care of it?
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dannie02
Newbie
Posts: 7
Ratings: +0
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« Reply #4 on: March 03, 2011, 09:40:06 am » |
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He's in the Philippines. 2 years old now. My fiance's taking care of him.
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RobsLuv
Champion Member
Posts: 1824
Ratings: +121
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011
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« Reply #5 on: March 03, 2011, 11:17:15 pm » |
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You didn't declare him when you landed so you are now forever banned from sponsoring him to Canada. He is excluded from the family class. This is a very important question that they ask you at landing: do you have any dependents that were not included on your application for permanent residence? If you said no, when you in fact had a child at home, you lied and you could lose your own PR status for misrepresentation for that. In addition - there was more to it than that. Your mother likely knew that sponsoring a grandchild would mean she'd have to meet Minimum Income requirements - so she kept quiet about the pregnancy and the birth of her grandchild. So her PR status is at risk, also. Your son was, by immigration definition, her dependent also! Honestly, I hate to say it, but you (at least) and she should both go back to the Phils and take care of your family. These are tough consequences, but you and your mother both misrepresented your situation in order to gain advantage under the Act and that's not legal. Sorry.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son. Won appeal 1'10. Back in process 4'10, new meds req 5'10 - submitted in June. New FBI submitted 8'10 Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
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dannie02
Newbie
Posts: 7
Ratings: +0
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« Reply #6 on: March 03, 2011, 11:50:44 pm » |
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I understand and I'm so sorry for my ignorance.
I have another question. My fiance (father of my baby) and I are getting married this year. So, if I sponsor him is there a chance we can sponsor our son too? Despite of the conflict about the declaration?
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angelbrat
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« Reply #7 on: March 04, 2011, 12:09:00 am » |
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Please re read robsluv post.
You cannot sponsor your child, no matter who you marry and sponsor in the future.
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dannie02
Newbie
Posts: 7
Ratings: +0
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« Reply #8 on: March 04, 2011, 12:11:58 am » |
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I got that. I'm asking if the father could.
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angelbrat
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« Reply #9 on: March 04, 2011, 12:33:56 am » |
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No, the father cannot sponsor your child. Sorry.
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dannie02
Newbie
Posts: 7
Ratings: +0
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« Reply #10 on: March 04, 2011, 12:35:08 am » |
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why not?
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AmandaHsu
Hero Member
Posts: 272
Ratings: +4
Visa Office......: Vegreville
App. Filed.......: 01/Nov/2010
Doc's Request.: None
AOR Received.: 20/Dec/2010
File Transfer...: None
Med's Done....: 10/Aug/2010
LANDED..........: 02/Apr/2012
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« Reply #11 on: March 04, 2011, 01:51:26 am » |
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Because he is still "your son".
Let's say if your husband sponsored the kid in the future? What kind of information he needs to provide? Birth Certificate and your name will be printed on the paper as mom. Then how can you explain to CIC why you didn't declare the kid when you were under PR processing or when you were landing??
If you really want your child to come here, maybe try to find someone adopt him? I don't know if it works....
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Nov/03/10: App Received Dec/16/10: Started Processing Mar/31/11: Can finally sign into e-Cas Sep/22/11: AIP Mar/16/12: DM Mar/21/12: OWP received Apr/02/12: Landed  |
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Baloo
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« Reply #12 on: March 04, 2011, 09:40:09 am » |
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why not?
Both you and your mother misrepresented (and / or concealed) material facts about your situation when you applied to immigrate. It is illegal, both of you have placed your PR status at risk. Canada takes this sort of thing very seriously. Best advice, as you cheated the system, I would start looking for flights back to the Philippines. |
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Hoping for an immigration stream for everyone with this tattoo on their thigh  I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca |
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canadianwoman
Champion Member
Posts: 2847
Ratings: +89
Category........: FAM
Visa Office......: Accra, Ghana
App. Filed.......: 30-01-2008
Interview........: 05-05-2009
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« Reply #13 on: March 04, 2011, 11:49:55 am » |
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I wonder, do other forum members think this scenario would work in this case?
She gets married to her baby's father and then sponsors him to Canada. After he gets his PR, he then sponsors the child. The application would probably (or certainly?) be rejected, but then when they appeal they could ask for humanitarian consideration. Given that the best interests of the child are to be with both parents, I think they could win the appeal.
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Baloo
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« Reply #14 on: March 04, 2011, 11:57:43 am » |
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The child is still her son and as she did not declare him when she landed (meaning the son is banned from being sponsored to Canada), I don't think it will work.
I think that when a new application is processed, the red flags will get raised and then the mother and grandmother will be investigated.
H&C is not there to reward those that commit fraud.
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Hoping for an immigration stream for everyone with this tattoo on their thigh I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia http://immipedia.ca |
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