Please Help for my 4months old child!

[Rsoni]

Hello Sir,

I and my wife had received immigration visa to Canada in March 2017 and my son was born the in the very next month in April 2017. Now he does not have any visa to travel with his mother. He is just four months old.

My wife's immigration visa is expiring in October. Now my wife came to Canada leaving behind my four months old son 2days ago.

I came to Canada on June 2017 without my son and wife. I am living in great distress here without my family. I cannot live without them.

I was not properly guided by my representative on what to do after my son was born.

I request you to please help me with this situation. Please guide so a family can reunite!

please help, I am writing this with very high hopes.

Thank you

 

[scylla]

You needed to inform CIC of the birth of your child and have him added to your PR application before coming to Canada. Did you do that?

 

[Rsoni]

You needed to inform CIC of the birth of your child and have him added to your PR application before coming to Canada. Did you do that?

No we did not because our visa were already issued before the birth of the child. We have informed them of my wife's pregnancy at the time of her medical exam request.
Can i sponsor my child from here now?

 

[scylla]

No we did not because our visa were already issued before the birth of the child. We have informed them of my wife's pregnancy at the time of her medical exam request.
Can i sponsor my child from here now?

You have a big problem on your hands.

The visa you were issued specifically stated that you were obligated to notify CIC of any changes to your family composition. It was mandatory that you notify CIC of the birth of your child before landing. Not sure why you ignored those important instructions.

Unfortunately you've likely created a very big problem for your family by failing to declare your child. Technically this means your child can never be sponsored.

I'm not sure what to recommend. You can try sponsoring your child but should expect a refusal. Once the application is refused, you can try to appeal - however the chances of success are extremely low. Again, not sure what to recommend to you. You and your wife may have to give up your PR status, leave Canada and apply again from the start.

 

[Rsoni]

You have a big problem on your hands.

The visa you were issued specifically stated that you were obligated to notify CIC of any changes to your family composition. It was mandatory that you notify CIC of the birth of your child before landing. Not sure why you ignored those important instructions.

Unfortunately you've likely created a very big problem for your family by failing to declare your child. Technically this means your child can never be sponsored.

I'm not sure what to recommend. You can try sponsoring your child but should expect a refusal. Once the application is refused, you can try to appeal - however the chances of success are extremely low. Again, not sure what to recommend to you. You and your wife may have to give up your PR status, leave Canada and apply again from the start.

Oh my god,
I have told my immigration consultant after birth of my child but he suggested that i have to sponsor my child from canada as my visa was already issued.
I was not properly guided on what to do?
Is there no solution for me? Atleast i have informed CIC of pregnancy of my wife isn't it useful in my case?

 

[scylla]

Oh my god,
I have told my immigration consultant after birth of my child but he suggested that i have to sponsor my child from canada as my visa was already issued.
I was not properly guided on what to do?
Is there no solution for me? Atleast i have informed CIC of pregnancy of my wife isn't it useful in my case?

Unfortunately your consultant is an idiot and advised you extremely poorly.

No - the fact you informed CIC about the pregnancy doesn't help. You needed to add your child to the application before landing.

I'm sorry - I don't know what to suggest. CIC is extremely strict with this rule. All family members have to be declared / added to the application or they can never be sponsored.

 

[Rsoni]

Unfortunately your consultant is an idiot and advised you extremely poorly.

No - the fact you informed CIC about the pregnancy doesn't help. You needed to add your child to the application before landing.

I'm sorry - I don't know what to suggest. CIC is extremely strict with this rule. All family members have to be declared / added to the application or they can never be sponsored.

Oh my my.

So i have to go back to my country?
How can i and my wife live here withoit my son?

 

[Rob_TO]

Oh my my.

So i have to go back to my country?
How can i and my wife live here withoit my son?

You should probably consider voluntarily renouncing your PR status, returning to your home country, and starting the whole PR application process from scratch again.

By not declaring your child in your application, you've committed the serious offence of misrepresentation (basically you lied in your PR app). You were supposed to inform the visa office when your child was born. As a result you can NEVER sponsor your child to Canada, ever. So really the only solution may be to give up PR status and try again, this time including your entire family in the app.

 

[canuck78]

Please go see an immigration lawyer before doing anything impulsive. Unfortunately it does seem like you have been given incorrect advice but a lawyer will need to sort this mess out and guide you through the new plan so there are no more oversights. Get rid of the consultant forme sure though.

 

[MaryL]

Even though you will probably follow all this advice. You still need to double check, read everything. Ask questions. Post on here. Your English seems pretty good. So you can stay on top of your application. Best wishes for your bb boy!

 

[canuck78]

Would second that. It is very important for you to read the relevant sections of the Canadian immigration sights and look ahead so you can learn and avoid any more problems. Reading the forum and asking questions is also helpful but start with getting a solid background about immigration. Best of luck

 

[Woodex]

It's not a complicated issue. When/what date did you receive PPR and the birth of your son? If you have received PPR (at hand) before the birth of your son, you are good. I have someone in similar situation because they have PPR at hand before the arrival of their child. Though they immediately email AVO and cic Canada about the new arrival.

 

[canuck_in_uk]

It's not a complicated issue. When/what date did you receive PPR and the birth of your son? If you have received PPR (at hand) before the birth of your son, you are good. I have someone in similar situation because they have PPR at hand before the arrival of their child. Though they immediately email AVO and cic Canada about the new arrival.

Stop posting incorrect information. PPR means nothing in this situation. The child was born before OP landed and was not added to the application. This means that the child is excluded from the Family Class and can't be sponsored.

 

[PMM]

Hi

It's not a complicated issue. When/what date did you receive PPR and the birth of your son? If you have received PPR (at hand) before the birth of your son, you are good. I have someone in similar situation because they have PPR at hand before the arrival of their child. Though they immediately email AVO and cic Canada about the new arrival.

The spouse "landed" after the birth of the child, without having the child examined. Their only hope is an Humanitarian and Compassionate application under 25.1 of the Act

"
Humanitarian and compassionate considerations — request of foreign national

• 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected."
  

 

[canuck_in_uk]

The question is, when he landed in June and his wife landed 2 days ago, did they say that they have an undeclared dependent? The immigration officer asks that question upon landing wether it be by air or by land. If they both said no, then the advise by the seniors are the way to go. They may have gotten the visa before birth of their son but they were given the opportunity to declare him after.

Had the OP declared the child when first entering Canada, he would have been refused landing and told to add the child to the application.