Dependant giving birth

[monkeys89]

It's up to them. We can't say. You have a very serious issue in that you had already given birth when the application was sent; therefore, you were misrepresenting at the time of the application. You have at least told them.

They may include the child. They may not. If they do not, they may say the child is barred from being sponsoring. They may deny the entire application.

It may seem harsh, but there are very strict rules about declaring children on PR applications, and there is no excusing oneself out of them because a difficult conversation with a parent was avoided. It's sad, but it's the case. There are a lot (far too many) examples on this forum about PR applicants either not knowing what the instructions about declaring everyone means, or thinking that they would be able to somehow get around rules. That's not how the immigration process works in Canada.

I certainly don't like it - I think that there should be leniency and understanding - but the system is as it is for now.

 

[ayannamikaela0014]

Should we have inform the immigration immediately? It really is my fault that I didn't tell my mom about this. So she doesn't have the chance to inform that one of her dependant gave birth. Thank you so much for your details.

 

[keesio]

The application was sent after I got pregnant and gave birth. And I didn't even tell my parents immediately. Yes, thank you so much for your insights. Big help.

You did the right thing and informed CIC/IRCC before landing. It will probably delay things a bit more but I think everything will be ok. Just hope for the best as monkeys89 mentioned. The important thing is that you disclosed everything BEFORE landing.

 

[ayannamikaela0014]

I really hope so. I don't want to disappoint my mom even more. I don't want to ruin my whole family's application.
Thank you so much.

 

[ayannamikaela0014]

By the way, is my own daughter would be considered as my mom's dependant?

 

[ayannamikaela0014]

Or she will be my own dependant?

 

[monkeys89]

Should we have inform the immigration immediately? It really is my fault that I didn't tell my mom about this. So she doesn't have the chance to inform that one of her dependant gave birth. Thank you so much for your details.

If the child was born before the application was sent, it should have been included in the initial application.

If you are a dependent of your mother and you have a child, your status as a dependent could be affected, or your and your child's status as members of the family class could be affected. Depending on your specific application pathway into PR status, financial support capacity could change.

The reason why everyone must be declared is so that CIC knows who is in the family and to ensure there would be no additional PR applications in the future.

If the child was born before the application was submitted, the child should have been in the initial application. If the child was born after the application was submitted, CIC should have been informed immediately. This is to prevent fraud where someone says they have no dependents and then lands with a family in tow.

 

[monkeys89]

Or she will be my own dependant?

Which specific program is your mom using to sponsor you in Canada?

 

[zahadum]

By the way, is my own daughter would be considered as my mom's dependant?

Your daughter should be your dependent, and you can add a dependent child of a dependent child to your mother application. You can read about it in the link below.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=343&top=14

 

[monkeys89]

Depending on when your application was submitted (the locked-in date) the definitions of a "dependent" and a dependent's dependent are online:

Dependent child:

Not sure if your child is a dependant? Check if your child qualifies by answering a few questions.

Your child or the child of your spouse or common-law partner can be considered a dependent child if that child meets the requirements below on the day we receive your complete application:

• They’re under 22 years old, and
• They don’t have a spouse or common-law partner

Children 22 years old or older qualify as dependants if they meet both of these requirements:

• They have depended on their parents for financial support since before the age of 22, and
• They are unable to financially support themselves because of a mental or physical condition

With the exception of age, dependants must continue to meet these requirements until we finish processing your application.

If your child’s age was locked in on or before October 23, 2017, a previous definition of dependent children may apply.

Accompanying dependant:
Any dependent child or dependant of a dependent child (grandchild) who plans to immigrate to Canada with the principal applicant. They are included on the application.

When sponsoring more than one child as a principal applicant, each child must have its own application form. They are not considered to be accompanying dependants of each other.

Earlier than 2017, other definitions of dependent child applied:

Definition of a dependent child from August 1, 2014, to October 23, 2017

Children qualify as dependants if they are:

under 19 years old, and do not have a spouse or common-law partner, or
19 years old or older (also known as overage dependent children) and have depended on the parent’s financial support since before the age of 19 because of a physical or mental condition
Definition of a dependent child on or before July 31, 2014

Children 21 years old and under

To be eligible as a dependant, your child must not be married or not in a common-law relationship.

Children 21 years old and under who are married or in a common-law relationship may qualify as overage dependants if they meet both of these requirements:

have been a full-time student on an ongoing basis, and
have depended largely on a parent's financial support since they became a spouse or partner.

In all cases, accompanying dependents are required to be declared on the initial application. Your issue here is that the child may have been born before the application (you aren't super clear on this) and that may cause a red flag.

 

[ayannamikaela0014]

Shee belongs to the Live-in Caregiver Class.

Which specific program is your mom using to sponsor you in Canada?

 

[monkeys89]

Shee belongs to the Live-in Caregiver Class.

So she's sponsoring you under the Family Class?

 

[ayannamikaela0014]

Yes, I gave birth to my daughter on August 2014 and the application was submitted September 2014.

 

[ayannamikaela0014]

So she's sponsoring you under the Family Class?

Yes.

 

[monkeys89]

Yes, I gave birth to my daughter on August 2014 and the application was submitted September 2014.

So here's the big issue then - CIC will generally be more than happy to add a child that was born after the application was submitted. They'd generally know, because your medical test would have been a challenge with x-rays and pregnancy.

However, with the child born before the application was submitted, there is misrepresentation. Now you have to hope that they appreciate you coming forward prior to passport request and re-evaluate the application in that light.