Dependent Child Issue

[Rob_TO]

the second child of my sister born 2012 was just forcedly included by my mom in her application when the cic sent my mom the kit in february 2014 containing the docs we need to submit including the medical request thinking that everything would be ok, the first child born 2009 was already included in the application since 2011.I will let my mother know about this definitely today..

It doesn't matter. If your sister is now common-law then you need to inform the visa office, and your sister and her kids will be removed from the application. They can NOT immigrate to Canada with you, else it could put all your PRs in jeopardy as you would be committing immigration fraud/misrepresentation.

 

[ajfaigao89]

i hope this would not prolong the process more,my mother is so persistent.il let her know through relatives because she would not believe me if it came from me directly.

 

[screech339]

i hope this would not prolong the process more,my mother is so persistent.il let her know through relatives because she would not believe me if it came from me directly.

If your mother is so persistent about it, she will regret it when CIC cancel everyone's PR process once they see that the sister no longer qualifies and the mother was trying to sneak her daughter with her.

Screech339

 

[Rob_TO]

If your mother is so persistent about it, she will regret it when CIC cancel everyone's PR process once they see that the sister no longer qualifies and the mother was trying to sneak her daughter with her.

Screech339

Which would most likely happen after everyone gets PR, and then the daughter tries to sponsor her common-law partner to Canada. She has 2 kids with this partner going back to 2009, and CIC will not believe for a second that she is not common-law with the father of her kids going back 5 years.

Even if they don't lose PR due to misrepresentation, the common-law partner can never be sponsored here, so even if daughter/kids could all immigrate they would basically need to grow up with their father living permanently in another country (unless he could immigrate independently).

 

[ajfaigao89]

hi guys,im back.unfortunately,my mother did not believe me, she even got mad. well, i guess all i can do right now is hope and pray that if ever cic reject my sister,the other papers would not be affected including mine

 

[screech339]

hi guys,im back.unfortunately,my mother did not believe me, she even got mad. well, i guess all i can do right now is hope and pray that if ever cic reject my sister,the other papers would not be affected including mine

Unfortunately for your mother's stubbornness, your wish will not likely happen. It will affect everyone including yours (if you are dependent of your mom through pgp as well). CIC will not cherry pick those who didn't follow the rules. The CiC will cancel the PR in full as the whole application as void.

 

[ajfaigao89]

i tried my best to convince her and she even told me that she would blame me if the papers get refused.i never really imagined how narrow minded my mom is until i told her these things but there's nothing i can do..just feels so terrible.

 

[ajfaigao89]

i tried my best to convince her and she even told me that she would blame me if the papers get refused.i never really imagined how narrow minded my mom is until i told her these things but there's nothing i can do..just feels so terrible.Maybe its the reason why our papers took so long to process because application was received under LICP in aug.2011, it just got processed last year oct.2013. My mother is persistent that my sister who has 2 kids is on type A dependency even from the begginning...i feel mad and i am angry!

 

[Rob_TO]

i tried my best to convince her and she even told me that she would blame me if the papers get refused.i never really imagined how narrow minded my mom is until i told her these things but there's nothing i can do..just feels so terrible.Maybe its the reason why our papers took so long to process because application was received under LICP in aug.2011, it just got processed last year oct.2013. My mother is persistent that my sister who has 2 kids is on type A dependency even from the begginning...i feel mad and i am angry!

As I said, right now the app will probably be accepted, and you will all land as PR.

However the real question is, does your sister intend to sponsor the father of her kids to Canada? That is when you will need to disclose her common-law relationship to CIC, and due to misrepresentation either your sister could end up losing PR, her partner will be banned under family sponsorship to Canada, and the rest of you could possibly lose PR also. As I said CIC will not believe they were in a relationship for many years with 2 children, and not living together.

 

[ajfaigao89]

hi rob,well, i dont think she has plans of sponsoring her partner if ever she get approved.btw,is my sister during the first application considered a type A dependent child with 1 kid at that time?shes not married and did not declare neither that shes in common law relationship.i guess what messed it up was the second child, and i think thats where the cic will have their suspicions

 

[Alurra71]

It all depends on whether or not your sister had already been living with the childs father for a continuous 12 months at the time your mother applied for PR. If the answer is yes, then your sister was not ever a type A dependent. If she was not common law at that point, then yes, she may have been type A but once she was common law with the childrens father she left that dependency stage. Your country may not recognize common law status. This might be why your mother is giving you such a hard time in relation to this, however, it won't matter to CIC.

You should have your mother call CIC directly and fill them in on the details of your sister and they will inform her about the rules and regulations. If she still chooses to ignore them at that point there is nothing you can do. Your mothers PR is at risk, and by default it puts yours at risk because you are part of her application.

 

[scylla]

hi rob,well, i dont think she has plans of sponsoring her partner if ever she get approved.btw,is my sister during the first application considered a type A dependent child with 1 kid at that time?shes not married and did not declare neither that shes in common law relationship.i guess what messed it up was the second child, and i think thats where the cic will have their suspicions

Adding the second child may very well raise CIC's suspicions. At this point there's really not much you can do but wait and see. Legally, your sister is no longer a dependent. CIC may figured this out or they may not.

 

[Rob_TO]

hi rob,well, i dont think she has plans of sponsoring her partner if ever she get approved.

So the plan is for the daughter and 2 kids to get PR and go live in Canada, and the dad to stay behind in home country forever??

btw,is my sister during the first application considered a type A dependent child with 1 kid at that time?shes not married and did not declare neither that shes in common law relationship.i guess what messed it up was the second child, and i think thats where the cic will have their suspicions

Yes it doesn't matter what her status was at time of submission. You need to inform CIC of any changes as they happen.

 

[ajfaigao89]

as much as i would like to tell her about calling cic,updating info and everything and all that stuff, she wouldnt listen.thats how narrow minded she is..im so frustrated, all i can do right now is wait and hope for the best..and btw guys, do you know if what are my chances of making it as i am not a fulltime student, our papers was recieved by cic when i was 21, i stopped studying when i was 23 and im 24yrs.old now, unemployed and just waiting for the result of the pr application.

 

[ajfaigao89]

So the plan is for the daughter and 2 kids to get PR and go live in Canada, and the dad to stay behind in home country forever??


Yes rob, that's their plan.its the second child that messed it up