Sponsoring undeclared child

[aireen725]

It is so clear from the OP Manual ...if you sponsoring your wife your undeclared son or daughter will be admissible as an accompanying family of the applicant ...but if you will sponsor the child he or she is inadmissible

so,do you mean if i sponsor my husband there will be no problem if i add my daughter in my application?

 

[Louman64]

so,do you mean if i sponsor my husband there will be no problem if i add my daughter in my application?

As long as you can prove that you and your now husband did not live in together before you landed you can include your daughter in that application but if they found out that you did it will be misrepresentation

 

[Jermy100]

This is directly from the OP2 manual: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
Accompanying family members not excluded
then they are not being sponsored themselves as members of the family class but rather are the family members of a member of the family class and hence they are not inadmissible under R117(9)(d).
This may seem to contradict R117(9)(d). However, the intent of R117(9)(d) is that the sponsor may not sponsor a person as a member of the family class if that person was not examined as part of the sponsor's application for permanent residence. In the example given above, the child is not being sponsored as the dependent child of the sponsor, but rather as the accompanying family member of the principal applicant.

Main scenario I can see this happening, is if 1 parent is applying for PR via Express Entry or something, including their spouse as a non-accompanying dependent, but not declaring a child of that non-accompanying spouse. Then when the newly landed PR attempts to sponsor their declared but non-accompanying spouse, they can include the undeclared child in the app since they are just a dependent.

This seems like an incredibly rare situation that probably doesn't apply to the vast majority of people caught up in non-declared family member trouble. Most people are attempting to sponsor their children directly, since logically the parent would already be a PR.

Though this does seem to introduce a possible loophole for those looking to sponsor undeclared children directly. Just have the PR parent renounce their PR status, and the other spouse (who is PR or Canadian) can sponsor them for PR from scratch again this time including the previously undeclared child as a dependent. RIsk of course is being hit with a serious misrepresentation charge.

Hello!!
My wife is currently in a similar situation as "aireeen725" . My Wife was a dependent on her Stepmother's application and during the process my wife got pregnant with our son. To my understanding the Stepmother wasn't aware of how the whole declaration works, more over while going through immigration at the airport they didn't ask my wife any questions and all the question were directed towards the Stepmother. My wife had obtained her PR card and 6 months after she had returned to our homeland and we got married. Now she would like to start the sponsorship process for me and our son and while doing some research we were told getting our son there would pose a problem because he wasn't declare. :-(

 

[Wonderland_1010]

Hello!!
My wife is currently in a similar situation as "aireeen725" . My Wife was a dependent on her Stepmother's application and during the process my wife got pregnant with our son. To my understanding the Stepmother wasn't aware of how the whole declaration works, more over while going through immigration at the airport they didn't ask my wife any questions and all the question were directed towards the Stepmother. My wife had obtained her PR card and 6 months after she had returned to our homeland and we got married. Now she would like to start the sponsorship process for me and our son and while doing some research we were told getting our son there would pose a problem because he wasn't declare. :-(

Was she living with you during the time she was declared a dependent on her step mothers application? What about your son? Was he born before she did her landing to become PR?

 

[Jermy100]

Was she living with you during the time she was declared a dependent on her step mothers application? What about your son? Was he born before she did her landing to become PR?

No she wasn't living with me, she was living with her biological mother. And our son was born before she had landed in Canada.

 

[Wonderland_1010]

No she wasn't living with me, she was living with her biological mother. And our son was born before she had landed in Canada.

Your son can be included as a dependent under your spousal sponsorship due to the fact you got married after she landed and didn't live together before she landed but other experienced members can comment on this

 

[Jermy100]

Your son can be included as a dependent under your spousal sponsorship due to the fact you got married after she landed and didn't live together before she landed but other experienced members can comment on this

Thanks Much

 

[Sous02]

Your son can be included as a dependent under your spousal sponsorship due to the fact you got married after she landed and didn't live together before she landed but other experienced members can comment on this

Not sure that is right. The biological mother was included on the step mothers application and the child should have been included then as an non accompanying dependent. This may turn out to be a problem if I am understanding this correctly. It may be that the biological mother and step mothers PR are in jeopardy for misrepresentation. Better get more advice.

 

[Wonderland_1010]

Not sure that is right. The biological mother was included on the step mothers application and the child should have been included then as an non accompanying dependent. This may turn out to be a problem if I am understanding this correctly. It may be that the biological mother and step mothers PR are in jeopardy for misrepresentation. Better get more advice.

Accompanying family members not excluded
then they are not being sponsored themselves as members of the family class but rather are the family members of a member of the family class and hence they are not inadmissible under R117(9)(d).
This may seem to contradict R117(9)(d). However, the intent of R117(9)(d) is that the sponsor may not sponsor a person as a member of the family class if that person was not examined as part of the sponsor's application for permanent residence. In the example given above, the child is not being sponsored as the dependent child of the sponsor, but rather as the accompanying family member of the principal applicant.

OP stated that his wife landed and then got married 6 months after. He also stated that him and his wife didn't live together as common law. The fact that the son was borned before PR is eligible for PR because he can be included as dependent under the father's application. If OP wife was sponsoring the son only , then it would make her ineligible to sponsor. But that's my interpretation, I could be wrong about the law.

 

[canuck78]

But the child was born before landing and therefore should have been added to the PR application. There has been a case where the error was forgiven because it was the adjudicator believed but that is was an error and the applicants didn't know better. There seems to be many similar examples just on this forum from the Philippines so I think that someone is giving out incorrect advice.

 

[aireen725]

Hello!!
My wife is currently in a similar situation as "aireeen725" . My Wife was a dependent on her Stepmother's application and during the process my wife got pregnant with our son. To my understanding the Stepmother wasn't aware of how the whole declaration works, more over while going through immigration at the airport they didn't ask my wife any questions and all the question were directed towards the Stepmother. My wife had obtained her PR card and 6 months after she had returned to our homeland and we got married. Now she would like to start the sponsorship process for me and our son and while doing some research we were told getting our son there would pose a problem because he wasn't declare. :-(

hello! are you from philippines? can we chat about our same situation?

 

[Jermy100]

hello! are you from philippines? can we chat about our same situation?

No I am not from the Philippines. I am from the Caribbean but we can definitely chat about our similar situation.

 

[Sous02]

But the child was born before landing and therefore should have been added to the PR application. There has been a case where the error was forgiven because it was the adjudicator believed but that is was an error and the applicants didn't know better. There seems to be many similar examples just on this forum from the Philippines so I think that someone is giving out incorrect advice.

Agreed. This could turn into a nightmare. One case gets lucky and it seems everyone forgets the vast majority who get refused. Everyone's PR could be in jeopardy in this case.

 

[Rob_TO]

Hello!!
My wife is currently in a similar situation as "aireeen725" . My Wife was a dependent on her Stepmother's application and during the process my wife got pregnant with our son. To my understanding the Stepmother wasn't aware of how the whole declaration works, more over while going through immigration at the airport they didn't ask my wife any questions and all the question were directed towards the Stepmother. My wife had obtained her PR card and 6 months after she had returned to our homeland and we got married. Now she would like to start the sponsorship process for me and our son and while doing some research we were told getting our son there would pose a problem because he wasn't declare. :-(

According to the rules posted, as long as you were not a spouse or common-law partner at time she landed, and for this app the undeclared child is a dependent of the principle applicant (you) and not being directly sponsored themselves, then it may be possible.

In practice I have not seen this situation very often, in fact just the 1 case someone mentioned that the visa officer used this rule to allow the sponsorship. But it seems based on the rule your case should be allowed. I don't know if there will be any complications, or the misrepresentation on your step-mother/spouses's app (not declaring the child) will be an issue.

 

[Miraclejj]

According to the rules posted, as long as you were not a spouse or common-law partner at time she landed, and for this app the undeclared child is a dependent of the principle applicant (you) and not being directly sponsored themselves, then it may be possible.

In practice I have not seen this situation very often, in fact just the 1 case someone mentioned that the visa officer used this rule to allow the sponsorship. But it seems based on the rule your case should be allowed. I don't know if there will be any complications, or the misrepresentation on your step-mother/spouses's app (not declaring the child) will be an issue.

I am kind of agreeing Rob_TO on this. But it is a very tricky situation. I went to read both IRCC 117 and OB2, and it seemed that the dependent's child on a family sponsorship doesn't fall into the definition of a family member that listed on IRCC117 (1), but in OB2, the authority stated that the sponsor should declare all the family members and it should be the VO to determine if any of the family member will be qualified under IRCC117 (10), who would be allowed not to go throw the VO's inspection.

"As per R117(10), the exclusion of R117(9)(d) does not apply to an applicant where it is established that an officer determined, during the course of the sponsor’s own application for permanent residence, that this applicant (then a family member of the foreign national who later became a sponsor) was not required to be examined, as applicable, under IRPA or the former Act. The key notion operating here is whether it was the decision of the officer who, being fully advised of the existence of the family member through the truthful declaration of the foreign national who later became a sponsor, determined that it was not required that that family member be examined and did not require that the family member be examined. If the decision for nonexamination was made by the officer, then R117(9)(d) does not apply in respect of that family member and that family member is not excluded."

My understanding of how the OB2 works regarding this situation is if you as a dependent (a foreign national) of a family sponsorship, you have a child (Then a family member of the foreign national), then the sponsor/PA has to declare the child, and the VO would determine if that child needs to be examined or not (Usually it won't be required (IRCC117 (10)). If the sponsor/PA didn't declare that child, and later the foreign national (the formal dependent) became the sponsor to sponsor his/her family member(s), then R117(9) (d) should apply to his/her family members.