Conjugal Sponsorship outland - Undeclared dependents and/or partner

[Ponga]

This just keeps getting more complicated.

The original post includes this:

My 3rd baby is with my current partner(conjugal; *ACCOMPANYING*), who left for Canada in Sept 2015 as a landed immigrant, declared single & no common-law/conjugal partner. Our child was born in Oct 2015. He sent me an "Affidavit of Acknowledgement of Paternity and Use of Last Name" on Nov 2015, but I have already registered our child on Oct 2015 as an illegitimate child and father's section as UNKNOWN.

Why? You say that the father is your sponsor.

So...if the baby was born one month after your sponsor arrived in Canada...how can the baby be with him?

 

[Queeen.14]

This just keeps getting more complicated.

The original post includes this:

My 3rd baby is with my current partner(conjugal; *ACCOMPANYING*), who left for Canada in Sept 2015 as a landed immigrant, declared single & no common-law/conjugal partner. Our child was born in Oct 2015. He sent me an "Affidavit of Acknowledgement of Paternity and Use of Last Name" on Nov 2015, but I have already registered our child on Oct 2015 as an illegitimate child and father's section as UNKNOWN.

Why? You say that the father is your sponsor.



So...if the baby was born one month after your sponsor arrived in Canada...how can the baby be with him?

Sorry it was a TYPOGRAPHICAL ERROR, I meant my 3rd baby is with my partner'S...

 

[canuck_in_uk]

So...if the baby was born one month after your sponsor arrived in Canada...how can the baby be with him?

English as a second language. OP was referring to the fact that she had that child with him, as opposed to the 2 other children that she had with another man. She was not referring to the physical location of the child.

 

[scylla]

English as a second language. OP was referring to the fact that she had that child with him, as opposed to the 2 other children that she had with another man. She was not referring to the physical location of the child.

Agreed - this is exactly how I understood it.

 

[profiler]

Why? You say that the father is your sponsor.

Can't answer this one...

So...if the baby was born one month after your sponsor arrived in Canada...how can the baby be with him?

I think she means he's the father.

Sorry, Canuck, I won't post anymore. I am curious to get one thing answered.

Back to the excluded family members topic -- I just want to understand.

IRPA states that the original sponsorship is of the family class (PGP). From my understanding, family members of the Applicant are required to be examined. So, would he not have been a (co) Applicant with his mother?

 

[Queeen.14]

I don't quite understand your questions. Your 2 older children are required to be included in the application with you, be listed on all of the applicable sponsor and applicant forms and undergo medicals. You must show that you have complete and total custody of them so they can immigrate to Canada. You will most certainly face delays if you haven't done this.

As for your husband declaring the youngest child "in all his data in Canada", I have no idea what you mean by that.

Sorry I missed this out... I have declared and mentioned full custody over my 2 older kids, even if they are not accompanying, and undergone medicals, too, which is already PASSED btw...

My last question would refer to my partner's declaration after the child was born... Hence, he was already in Canada and that the baby is illegitimate on BC...

 

[Ponga]

Sorry I missed this out... I have declared and mentioned full custody over my 2 older kids, even if they are not accompanying, and undergone medicals, too, which is already PASSED btw...

My last question would refer to my partner's declaration after the child was born... Hence, he was already in Canada and that the baby is illegitimate on BC...

Still trying to understand why he was not shown as the father. Why did you show the child's father as unknown? Is it because of the laws in your country regarding adultery? If so...would it have mattered to show the name of the father, since it was clearly not your current spouse.

 

[Queeen.14]

Still trying to understand why he was not shown as the father. Why did you show the child's father as unknown? Is it because of the laws in your country regarding adultery? If so...would it have mattered to show the name of the father, since it was clearly not your current spouse.

Yes it is still regarding our laws here and the possible craziness my ex could or would do henceforth.

 

[Ponga]

I wonder how CIC will treat this, meaning that you're [pretending to be] unsure of who the father is, or where he may be.

I can't imagine this not causing at least a minimal delay, since the `father' would need to know if his child was coming to Canada.

It also may not help with your conjugal relationship assessment by CIC, if they now think that you've been unfaithful to your partner, since you say that you've been in a relationship for a few years now.

This really is a tricky one, IMHO.


Good luck!

 

[canuck_in_uk]

I wonder how CIC will treat this, meaning that you're [pretending to be] unsure of who the father is, or where he may be.

I can't imagine this not causing at least a minimal delay, since the `father' would need to know if his child was coming to Canada.

It also may not help with your conjugal relationship assessment by CIC, if they now think that you've been unfaithful to your partner, since you say that you've been in a relationship for a few years now.

This really is a tricky one, IMHO.

It shouldn't be an issue. IRCC understands that the Philippines have very different laws than Canada. The conjugal class was pretty much created because of the laws of the Philippines where divorce and adultery are still illegal.

There are also very different laws regarding illegitimate children, who are treated differently under than law than legitimate children. For example, mothers of illegitimate children automatically have full and complete legal custody of their kids, even if the father is involved. Fathers of illegitimate children must acknowledge the child for the birth certificate to carry his name. Putting "unknown" for illegitimate children even when the father is known is fairly common.

OP's ex could still bring adultery charges against OP for having another man's child. If the ex knew the current partner's name, he could file against him as well.

 

[Queeen.14]

It shouldn't be an issue. IRCC understands that the Philippines have very different laws than Canada. The conjugal class was pretty much created because of the laws of the Philippines where divorce and adultery are still illegal.

There are also very different laws regarding illegitimate children, who are treated differently under than law than legitimate children. For example, mothers of illegitimate children automatically have full and complete legal custody of their kids, even if the father is involved. Fathers of illegitimate children must acknowledge the child for the birth certificate to carry his name. Putting "unknown" for illegitimate children even when the father is known is fairly common.

OP's ex could still bring adultery charges against OP for having another man's child. If the ex knew the current partner's name, he could file against him as well.

Very well said canuck_in_uk, it's like you've mastered international laws right there

Anyway, I appreciate each and every response in this thread. Hoping for the best now.
Best regards!

 

[canuck_in_uk]

Very well said canuck_in_uk, it's like you've mastered international laws right there

I wish . No, I've just learned some things trying to help other people in similar situations.

 

[canadianwoman]

Because you did not live together for a full year with your current partner, he did not have to declare you when he landed in Canada. You were not his common-law partner yet, and people do not have to declare conjugal partners in this situation anyway.

He did not have to declare his child when he landed, because the child was not yet born.

Therefore he should be able to sponsor you and your child, and the other two children. All three children should be included on the PR application. All three children should have had the immigration medicals. If they did not, and your partner has already sent in the application forms, then you must add the children to the application and get their medicals done. The children can be listed as non-accompanying, but they still must get the medical.

The Philippines is one country where conjugal applications have a chance of working, because of the divorce and adultery laws. However, you have to have proof that you were in a conjugal relationship for at least one year prior to sending in the application.

Explaining that you did not list your partner as the child's father on the birth certificate should be OK. The reasons should be the ones you gave us - that adultery is illegal, and that your husband could sue your partner.

 

[Survivor27]

Very well said @canadianwoman. I can imagine the sigh of relief when queeen.14 see your post. Op kors, the other seniors made good points as well.

There you go, queeen.14. Look at that big smile on your face now I wish you all the best and may you and your children be with your partner very soon.