Please Help for my 4months old child!

[canuck78]

I am confused your previous message said your wife has already landed 2 days ago in Canada

 

[Classic Chucks]

I am confused your previous message said your wife has already landed 2 days ago in Canada

Me too.

 

[Rob_TO]

There must be some way out
I have told my wife to declare the son upon arrival at airport i don't know what will happen. But i don't have another option.

You can do as I mentioned in previous post, to renounce your PR status, return to home country, and start the whole PR process over again from scratch. This time include your child as a dependent.

Your wife can't declare the child upon landing.

Or you can attempt to sponsor your child under H&C means even though they weren't declared. However I would expect a long and expensive process here (since you would need a lawyer and may be many years in appeals), with very small chance of success.

 

[canuck_in_uk]

You can do as I mentioned in previous post, to renounce your PR status, return to home country, and start the whole PR process over again from scratch. This time include your child as a dependent.

Your wife can't declare the child upon landing.

Or you can attempt to sponsor your child under H&C means even though they weren't declared. However I would expect a long and expensive process here (since you would need a lawyer and may be many years in appeals), with very small chance of success.

OP, Rob has very clearly and correctly explained your only options. There is nothing else you can do. I seriously doubt an H&C app would be successful, as ignorance isn't a defense against misrepresentation.

For those who are providing incorrect information, do a little research on R117(9)(d). A person that is immigrating to Canada must have all family members medically examined; if one family member is medically inadmissible, the WHOLE family is inadmissible. The Excessive Demand Threshold is in place to prevent excess strain on our already stretched healthcare system. R117(9)(d) prevents people from leaving out their medically inadmissible dependents, immigrating to Canada and then sponsoring said dependents through the Family Class, where applicants are Excessive Demand Exempt.

 

[Mrschino]

Am I reading this that the poster has landed and the wife is coming to land is September.... what are they doing with the baby??? Obviously there is no visa for the baby, are they not planning to bring the child? Is she bringing the child along with no way to get him into the country? I’m just confused here.

 

[Rsoni]

Am I reading this that the poster has landed and the wife is coming to land is September.... what are they doing with the baby??? Obviously there is no visa for the baby, are they not planning to bring the child? Is she bringing the child along with no way to get him into the country? I’m just confused here.

Yes , my wife is coming here leaving baby behind at home.

 

[Rsoni]

Yes , my wife is coming here leaving baby behind at home.

She is going to inform VO at airport that we have 4months old child at home and explain our situation in detail. We have not misinterpreted anything. My consultant had sent them an email mentioning my wife's pregnancy at the time of her medical to centralize intake office, nova scotia.

 

[canuck_in_uk]

She is going to inform VO at airport that we have 4months old child at home and explain our situation in detail. We have not misinterpreted anything. My consultant had sent them an email mentioning my wife's pregnancy at the time of her medical to centralize intake office, nova scotia.

As already explained, yes, you have committed misrepresentation by not adding the child to your application before you landed as a PR. You can't blame this on your consultant.

 

[Rob_TO]

She is going to inform VO at airport that we have 4months old child at home and explain our situation in detail. We have not misinterpreted anything. My consultant had sent them an email mentioning my wife's pregnancy at the time of her medical to centralize intake office, nova scotia.

That will not work, as you've been told. Your consultant was a complete idiot who doesn't understand basic immigration rules to Canada. You don't need to inform visa office of pregnancy, you only need to inform once a baby is actually born. CBSA at the airport can't add dependents!

You were supposed to declare the baby BEFORE you landed as PR. By landing on a COPR that did not include your child, you committed misrepresentation.

Committing this misrepresentation means you can never sponsor your child to Canada, and you can have your own PR status revoked.

As I also said you have only 2 possible options to continue here:
1. Attempt a long and expensive process to sponsor your child under H&C means. Since the child is not even in Canada (usually required for H&C), you didn't follow the rules, and could return to your home country... this process will probably take many years and most likely to end in refusal.
2. Renounce your PR status immediately, return to your home country, and start over applying for PR from scratch but this time including baby in app as a dependent

You don't seem to understand the seriousness of your situation now.

 

[carolbb23]

Informing of a pregnancy is not required. The only dates that matters is that of the actual birth of the child, and the DATE YOU LAND IN CANADA.

If a child is born ANYTIME before you do PR landing, then that child MUST be added to the app as a dependent and do a medical exam, BEFORE ANYONE LANDS AS PR. It doesn't matter if PR visas/COPR was already issued, that is irrelevant.

In OPs case here the child was born BEFORE ANYONE DID PR LANDING, which is why the child is now banned to be sponsored under family class.

I thinking it's his fault for not telling cbsa when he landed that there is changes in the family and the consultant fault for not telling him they need to add baby to the Application and it's sound more difficult his case

 

[Rob_TO]

I thinking it's his fault for not telling cbsa when he landed that there is changes in the family and the consultant fault for not telling him they need to add baby to the Application and it's sound more difficult his case

A consultant giving bad advice is not relevant. Ultimately it's the applicant's responsibility to ensure they are following the correct process and not committing misrepresentation.

Also one is not supposed to even attempt to fly to Canada if their family composition has changed with new dependents. CBSA can't add dependents since they can't give medical exams. If someone does declare a new dependent to CBSA upon trying to land, CBSA should reject the landing, destroy the COPR, and tell the applicant to go back to their visa office to add them.

 

[carolbb23]

A consultant giving bad advice is not relevant. Ultimately it's the applicant's responsibility to ensure they are following the correct process and not committing misrepresentation.

Also one is not supposed to even attempt to fly to Canada if their family composition has changed with new dependents. CBSA can't add dependents since they can't give medical exams. If someone does declare a new dependent to CBSA upon trying to land, CBSA should reject the landing, destroy the COPR, and tell the applicant to go back to their visa office to add them.

I got it now, but it's sounding not right to me

 

[carolbb23]

Unfortunately, the actual COPR document specifically lists down all declared dependents. When we land, we are asked to make sure that document is accurate and that we do not have any other undeclared dependents. The OP, being of sound mind and having a good understanding of the English language (based on this thread) during landing chose to say that he did NOT have any undeclared dependents making Rob absolutely correct in that it is his and any other applicant's ultimate responsibility. I wish the OP luck, seems to me that Rob's advice is best.

but that is sneaky or misrepresentation

 

[MaryL]

Very sneaky. If I had a brand new baby I would be telling the whole world!! How exciting and bright my family's future is. We applied while my wife was pregnant. Now we have our visas, the plan is I am landing and soon after that my wife and baby are joining me.
Wouldn't that be exactly how it should have went down?

 

[carolbb23]

yes, which is why Rob is right that the OP misrepresented himself.

thats why people like op make it harder for legit people to bring there love ones here