HELP! Main applicant(husband) landed, wife isn't landed, child wasnt declared.

[Buletruck]

Definitely contact a legal council before you do anything else, but the requirement is clear and has been held up as valid by the courts on many occasions. Not sure, but you may be able to renounce your PR and re-apply, including the child. Best to discuss options with competent legal council (a lawyer, not a consultant).

 

[monkeys89]

Definitely contact a legal council before you do anything else, but the requirement is clear and has been held up as valid by the courts on many occasions. Not sure, but you may be able to renounce your PR and re-apply, including the child. Best to discuss options with competent legal council (a lawyer, not a consultant).

Agreed.

 

[monkeys89]

What you are really going to need to do is explain *why* the child wasn't declared. Yes, it was born after the application was submitted. By why did you choose to not declare it? That will be important.

 

[zardoz]

I think that the only solution is this.

The wife does not land as a dependent, but instead returns the COPR, unused.
The husband instead, now sponsors the wife, (not the child), and the child is then the wife's dependent in her application.
He doesn't directly sponsor the child, because he can't.

This means a completely new application, starting all over from the beginning for her.
The question is if IRCC will follow up on the husband's misrepresentation, or let it slide...

SEE A LAWYER.

 

[wingang]

Agreed.

Thank you both.
I dont think can sucsessfully get PR again due to below reasons:

• I went through AINP to IRCC, by post graduation work permit- Which only issued once in life as I know. So I wont be able to do it over again.
• I can put myself into EE, dont think my points will be enough(I was in the pool for a year. Wife has no language points nor canada experience points at all, I lost points on age too)

Since you mentioned, is there other channel to re-apply PR?

Thanks and do you have a lawyer to suggest please?

 

[wingang]

I think that the only solution is this.

The wife does not land as a dependent, but instead returns the COPR, unused.
The husband instead, now sponsors the wife, (not the child), and the child is then the wife's dependent in her application.
He doesn't directly sponsor the child, because he can't.

This means a completely new application, starting all over from the beginning for her.
The question is if IRCC will follow up on the husband's misrepresentation, or let it slide...

SEE A LAWYER.

Thank you very much for the new idea, it might be possible. Just concern about the husbands misrepresentation too.
And, is there a decent lawyer to suggest please?

 

[wingang]

What you are really going to need to do is explain *why* the child wasn't declared. Yes, it was born after the application was submitted. By why did you choose to not declare it? That will be important.

Thanks for reply.
I have mentioned, the website says:

• If you don’t want a processing delay for your application, these are other ways your dependant could come to Canada:
  • your child can apply for permanent residence on their own
  • your child can visit you in Canada
  • you can sponsor your child once you become a permanent resident of Canada

Was planing to get PR done ASAP, and sponsor the child.

Again, thank you and please reffer a decent lawyer if you happen know one.

 

[scylla]

I think that the only solution is this.

The wife does not land as a dependent, but instead returns the COPR, unused.
The husband instead, now sponsors the wife, (not the child), and the child is then the wife's dependent in her application.
He doesn't directly sponsor the child, because he can't.

This means a completely new application, starting all over from the beginning for her.
The question is if IRCC will follow up on the husband's misrepresentation, or let it slide...

SEE A LAWYER.

This would only work if the child was born after the father became a PR. Child was born before and wasn’t declared. Still can’t be sponsored even as a dependent in the mother’s application.

 

[wingang]

This would only work if the child was born after the father became a PR. Child was born before and wasn’t declared. Still can’t be sponsored even as a dependent in the mother’s application.

You have the point.

 

[monkeys89]

Thanks for reply.
I have mentioned, the website says:

• If you don’t want a processing delay for your application, these are other ways your dependant could come to Canada:
  • your child can apply for permanent residence on their own
  • your child can visit you in Canada
  • you can sponsor your child once you become a permanent resident of Canada

Was planing to get PR done ASAP, and sponsor the child.

Again, thank you and please reffer a decent lawyer if you happen know one.

This forum is hosted by a law firm. Try them.

 

[monkeys89]

Thanks for reply.
I have mentioned, the website says:

• If you don’t want a processing delay for your application, these are other ways your dependant could come to Canada:
  • your child can apply for permanent residence on their own
  • your child can visit you in Canada
  • you can sponsor your child once you become a permanent resident of Canada

Was planing to get PR done ASAP, and sponsor the child.

Again, thank you and please reffer a decent lawyer if you happen know one.

That part of the website doesn't override the form and guide that says that all family members must be declared or forever barred from family class sponsorship and applicants faced with misrepresentetuom.