CIC new Family Pilot for undeclared dependents.

[scylla]

My case is this: my nephew applied under this program because at the time that he landed, his mom declared him single (but he had 2 children already, although he is not married yet). Landed in 2016 and got married in 2018. Applied last year 2021, received approval, wife and 2 children underwent medical examination. Two weeks ago, received a letter saying my nephew may not be qualified under the pilot. (His mom was under the live-in caregiver program). Now, we need to respond to the letter. They said to show proof that the wife and the 2 children were declared. (But they were not originally declared in his application). So, how do you respond to this kind of letter? Can we go through a humanitarian and compassionate grounds being that the family is left in the home country by themselves and where they live is very dangerous.) I dont know why there was a letter like this when in fact, the family underwent medical examination already. I was hoping you can advise me on what to put on the letter as I am unfamiliar with this. Thanks for sharing your thoughts.....

Agreed your nephew needs a lawyer.

Unfortunately he doesn't qualify under the pilot since he received PR as part of an economic immigration program (as a dependent of his mother). Individuals who immigrated through economic immigration programs aren't covered by the pilot for undeclared dependents.

A humanitarian & compassionate application is only possible if the person applying is already in Canada. However it sounds like his family is outside of Canada. So that is not possible.

You can try requesting humanitarian & compassionate consideration (this is different than submitting an H&C application) in response to the PFL letter stating that IRCC plans to refuse him under the pilot program. I would hire a lawyer to help you with this given your nephew doesn't meet the requirements of the pilot program.

There is no certain path here and a high chance of refusal.

 

[mcerna]

Thanks...aside from hiring a lawyer, any thoughts on how you will respond?

 

[mcerna]

Agreed your nephew needs a lawyer.

Unfortunately he doesn't qualify under the pilot since he received PR as part of an economic immigration program (as a dependent of his mother). Individuals who immigrated through economic immigration programs aren't covered by the pilot for undeclared dependents.

A humanitarian & compassionate application is only possible if the person applying is already in Canada. However it sounds like his family is outside of Canada. So that is not possible.

You can try requesting humanitarian & compassionate consideration (this is different than submitting an H&C application) in response to the PFL letter stating that IRCC plans to refuse him under the pilot program. I would hire a lawyer to help you with this given your nephew doesn't meet the requirements of the pilot program.

There is no certain path here and a high chance of refusal.

Thanks for your reply, I really appreciate it.
Is there no other way for the wife and 2 children to come to Canada? What if the wife applies for a student visa....is there any possibility since she will be doing it on her own and not being sponsored by the husband?

 

[Buletruck]

Thanks...aside from hiring a lawyer, any thoughts on how you will respond?

I wouldn’t respond without sound legal advice. With the refusal coming for his family, he’s on the cusp of further investigation into his own status as a PR. He has received his status through misrepresentation and that can lead to a whole new set of problems for him.

 

[Jazzed]

Thanks for your reply, I really appreciate it.
Is there no other way for the wife and 2 children to come to Canada? What if the wife applies for a student visa....is there any possibility since she will be doing it on her own and not being sponsored by the husband?

I don't think you grasp the gravity of the situation. There is little hope for them being together in Canada unless she can qualify for PR on her own. Any temporary visa she applies for will most likely quickly be denied including a Student visa.
I also saw a federal court judgment to stay a removal order for a situation like this. The person tried their best to appeal their loss of status and this was the last chance to stay. It was denied. The person was stripped of their status as a resident and removed back to their home country Your nephews status in Canada is at risk. Get legal help and stop trying to think of ways to game the system

 

[scylla]

Thanks for your reply, I really appreciate it.
Is there no other way for the wife and 2 children to come to Canada? What if the wife applies for a student visa....is there any possibility since she will be doing it on her own and not being sponsored by the husband?

Sure, she can try for a study permit. However this is by no means a guaranteed path and she will likely have trouble getting one approved without an extremely strong profile given IRCC knows she has a husband in Canada and given the situation of the sponsorship application. IRCC will most likely assume she is not a genuine student but is trying to use the study permit as a way of getting to Canada. This is why her profile will need to be extremely strong to be approved.

- She want to show a bank balance of at least $35,000 cover first year tuition, living expenses and travel expenses for her and the children. More money would be better.
- She will need to pick a very strong program of study in Canada that aligns to her previous work experience and education. If she already has a Bachelor degree then she should go for a Master's in Canada. If the already has a Master's then she should go for another related Master's or PhD. This must be at a public university (not private) and she should pick a top university to strengthen her profile.
- She will need to qualify for PR on her own so the program she picks in Canada should be at least 2 years in length to give her a stronger chance of getting PR.
- She will need to show ties to her home country such as employment, property and assets.
- If she has previous travel to countries requiring visas such as the US and Canada, that will strengthen her profile. If not, that will weaken her profile.
- If she is from a country that has a poor economic situation and/or security situation, that will also reduce the chances of approval.

 

[scylla]

Thanks...aside from hiring a lawyer, any thoughts on how you will respond?

IMO it's a bad idea not to use a lawyer. But if you don't want to use a lawyer, then you would need to respond to any question IRCC has asked. So you would need to state that they were not medically examined under the mother's application. You would then ask if they can be considered under the pilot.

You really really need to be working with a lawyer at this point.

 

[YVR123]

Thanks for your reply, I really appreciate it.
Is there no other way for the wife and 2 children to come to Canada? What if the wife applies for a student visa....is there any possibility since she will be doing it on her own and not being sponsored by the husband?

Did your nephew live with his wife for at least at year before he landed in Canada (his wife's address in the sponsor application form will reflect that information) ? If so, he actually didn't qualify to immigrate as a dependent of his mother because he had a common law partner and wasnt' single. This is why we are advicing that he should involve a lawyer.

 

[mcerna]

Thanks for all your replies and I do appreciate it. He really wanted to get a lawyer however the lawyer that he approached is charging him 4-figure already just to ask for an extension and another 4-figure to accept the case. This is the reason why I was trying to get into forum hoping to have a better grasp of this pilot program as I am so unfamiliar with this process. Thank you again!

 

[scylla]

Thanks for all your replies and I do appreciate it. He really wanted to get a lawyer however the lawyer that he approached is charging him 4-figure already just to ask for an extension and another 4-figure to accept the case. This is the reason why I was trying to get into forum hoping to have a better grasp of this pilot program as I am so unfamiliar with this process. Thank you again!

Here's a summary of the key points:
- He does not qualify under the pilot program since he received PR through an economic immigration stream. For this reason it is not surprising that IRCC is moving to refuse the application.
- He needs to respond to the letter from IRCC within the stated timelines, confirm his children and spouse were not examined as part of his PR application, and ask that they be considered under the pilot program.
- If the application is refused, his spouse will need to qualify for PR on her own. He will never be able to sponsor her or his children.
- His spouse can certainly try to go the study visa route if the application is refused. She will need to have an extremely strong profile to have a chance of being approved. See my post on this above.

 

[mcerna]

Has anybody here tried doing an appeal for undeclared dependents, after the application has been denied? Kindly share your thoughts on the appeal, appreciate your help!

 

[BadBunny69]

@scylla i was also sponsored under this public policy however I've received the pre arrival and everything has been updated to completed in the pr tracker will ircc still send pfl? Has anyone experienced it? please let me know.

 

[BadBunny69]

@ahk5153 did you receive the pfl after the pre arrival?

 

[BadBunny69]

[QUOTE="msucanthave, post: 8864976, member: 816283"
I'm going through the same thing. Sponsorship approved. Medicals are done. And they send me an email with a letter that says the same thing. They also said my application does not qualify for the public policy as I immigrated to Canada under an immigration category that is not included under the public policy. I was asked to provide evidence that my dependent was declared and was examined at the time which I cannot provide because he wasn't declared.

Hi ! your post is a relief as Im on the process of submitting my application with the same case as yours. I wonder if how did you respond to the email sent to you. Help Please! Thank you
[/QUOTE]
Did you also received pre arrival?

 

[scylla]

@scylla i was also sponsored under this public policy however I've received the pre arrival and everything has been updated to completed in the pr tracker will ircc still send pfl? Has anyone experienced it? please let me know.

Pre-arrival is sent automatically as part fo the process. IRCC can still send a PFL. I don't know if you will get a PFL or not. That will be up to IRCC. If you qualify under the policy, then you should not receive a PFL.