dependant child not accompanying to canada

[bron111]

Hi - can anyone advice please, our 20 year old son does not want to move to canada with us and we don't want to put him on our applicaiton as he has a conviction as a juvenille. Can we submit a statutory declaration indicating that he does not want to go and that in furture we are aware that he would have to apply in his own right?

If we do this, do we need to include his criminal record in our application?

Is there a specific canadian form that we need to fill in or can we write our own declaration? If we write our own do we need to get this authorised by a solicator?

we are applying under the community identified stream and have got letter of intent by a region. Ready to send paperwork of to Nova Scotia.
any advice greatly appreciated. thanks bron

 

[Leon]

Unless he's married or in a common-law relationship, he is still a dependent child until the age of 22 so you would have to list him as a non-accompanying child of yours. Normally an inadmissible child would render you inadmissible but CIC does have some clauses on overage children who refuse to be medically examined and so if that was the case, you could write a letter stating that your son refuses to do that and you do realize as a consequense you will never be able to sponsor him in the future. Get a statement from your son as well. You can not get your son's PCC or have him medically examined without his consent so if he refuses, the IO should accept that you can not make him.

Under both the previous legislation and under IRPA, both the applicant and the applicant's family
members, whether accompanying or not, must meet the requirements of the legislation. There are
no exceptions to the requirement that all family members must be declared. With few exceptions,
this also means that all family members must be examined as part of the process for achieving
permanent residence.

Officers should be open to the possibility that a client may not be able to make a family member
available for examination. If an applicant has done everything in their power to have their family
member examined but has failed to do so, and the officer is satisfied that they are aware of the
consequences of this (i.e., no future sponsorship possible), then a refusal of their application for
non-compliance would not be appropriate.

Officers must decide on a case-by-case basis using common sense and good judgment whether
to proceed with an application even if all family members have not been examined. Some
scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be
examined or an overage dependant refuses to be examined. Proceeding in this way should be a
last resort and only after the officer is convinced that the applicant cannot make the family
member available for examination. The applicant themselves cannot choose not to have a family
member examined.

 

[bron111]

thanks for that but still confused, surely if he is included in the application, they would be aware of his criminal conviciton so this would mean he would not even get to the medical stage. is there no way we can just state he does not want to go and get a statutory declaration stating this, which also indicates he would have to apply in his own right in the future? thanks bron

 

[Leon]

thanks for that but still confused, surely if he is included in the application, they would be aware of his criminal conviciton so this would mean he would not even get to the medical stage. is there no way we can just state he does not want to go and get a statutory declaration stating this, which also indicates he would have to apply in his own right in the future? thanks bron

His criminal conviction is in Canada? If yes, then they know. If no, then how will they know if you don't send them a police clearance for him?

They do seem to have provisions for if an overage child refuses examination and refuses to go but I did not see one for an overage child with a criminal record who doesn't refuse examination but is considered inadmissible. How about the marriage or common law angle? If he were married or in a common law relationship, then he's not a dependent child anymore and you would not have to include him on your application.

You should talk to a lawyer about this. You don't want to make any mistakes at this point that can get you in trouble later.

Another way would be to wait until he's 22, then you don't have to include him because he's not a dependent child anymore.

 

[bron111]

if he were put down as in a common law relationship whould i need to provide evidence stating this, if so what - sorry still researching but getting no where.

do you know what this mean?
Were you convicted as a juvenile?
In Canada, a young offender is someone who is 12 years of age or older but less than 18 years of age.
You are not inadmissible if:
• you were convicted in Canada under the Young Offenders Act or the Youth Criminal
Justice Act, unless you received an adult sentence,
• you were treated as a young offender in a country which has special provisions for young
offenders, or
• you were convicted in a country which does not have special provisions for young
offenders but the circumstances of your conviction are such that you would not have
received an adult sentence in Canada.


As he was convicted as a young offender in youth court does this mean his conviction would not affect our application? thanks for your help bron

 

[Leon]

Yes, it could mean that he's not inadmissible after all. You really should talk to a lawyer about this though.

 

[milesjade]

hi to all members!..my friend need ur help..she is a caregiver and married here and had baby..she just want to know if it is ok to apply her pr as single?and she can change her status later on after she receive her pr..anyways,her husband can sponsor her but the problem is it takes to much time to process.?what is the best for her to do.please help.
thanks.

 

[job_seeker]

hi to all members!..my friend need ur help..she is a caregiver and married here and had baby..she just want to know if it is ok to apply her pr as single?and she can change her status later on after she receive her pr..anyways,her husband can sponsor her but the problem is it takes to much time to process.?what is the best for her to do.please help.
thanks.

Ever heard of misrepresentation? If she lied in her application and CIC found out, she could lose her permanent residency in the event it has already been granted or could be grounds for her to get refusal.

 

[Leon]

Your friend should not lie on her application. If she qualifies to apply for PR as a live-in caregiver, she can do that or if she doesn't, her husband can sponsor her. I seriously doubt that applying as a live-in caregiver would be faster than being sponsored. Actually, it's more the other way around. In any case, whichever she decides, she should not lie on her application.

 

[milesjade]

yes,she is qualify to apply pr.actually she can apply here opw and pr now.but her problem is all her documents is single status..so if ever she change takes time to change everything and she dont have enough time..hope its ok to apply single for now..she's really worried.thanx for reply

 

[job_seeker]

yes,she is qualify to apply pr.actually she can apply here opw and pr now.but her problem is all her documents is single status..so if ever she change takes time to change everything and she dont have enough time..hope its ok to apply single for now..she's really worried.thanx for reply

She's better off waiting for a few more weeks or months now changing her status than being charged for misrepresentation later.

 

[Leon]

Agreed, she should not lie on her application. CIC takes misrepresentation very seriously.