Help Needed Please

[bmte18]

Hi guys

A friend of mine wants to petition his wife and son however when he got his permanent residency here in canada he was listed as a dependent to his mother. During the time of the application by their family he was a dependent and while the application was in process his girlfriend gave birth to their son and then got married a month after which was december and come july he landed here as a permanent reseident on dependent status without declaring he had a son or that he got married.

my questions are:
1. is this misrepresentation?
2. how can he apply for his wife and son to be pr of canada? does he give up his pr status and start a new application as a family?
3. is he eligible to apply his wife and son for pr status with this situation?
4. what is the best way of bringing them over?
5. What does below mean? does it apply to my friends case?

DECEMBER 1, 2005
Hamid v. Canada (Minister of Citizenship and Immigration)
A child should be classified as a "dependent child" based only on their status at the time of application. Once an application is complete, the status of the dependent child is "locked in", and their status at the time the visa is granted should not be considered.

Thanks in advance for your help guys!!

 

[PMM]

Hi

Hi guys

A friend of mine wants to petition his wife and son however when he got his permanent residency here in canada he was listed as a dependent to his mother. During the time of the application by their family he was a dependent and while the application was in process his girlfriend gave birth to their son and then got married a month after which was december and come july he landed here as a permanent reseident on dependent status without declaring he had a son or that he got married.

my questions are:
1. is this misrepresentation?
2. how can he apply for his wife and son to be pr of canada? does he give up his pr status and start a new application as a family?
3. is he eligible to apply his wife and son for pr status with this situation?
4. what is the best way of bringing them over?
5. What does below mean? does it apply to my friends case?

DECEMBER 1, 2005
Hamid v. Canada (Minister of Citizenship and Immigration)
A child should be classified as a "dependent child" based only on their status at the time of application. Once an application is complete, the status of the dependent child is "locked in", and their status at the time the visa is granted should not be considered.

Thanks in advance for your help guys!!

1. Well your friend is in deep doo-doo.
2. Yes it is misrepresentation, he lied when he "landed" in that he declared himself as single.
3. He will probably be reported when CBSA learns of it.
4. As his wife and child were not examined, they are not a member of the family class and cannot be sponsored.
5. He will not be allowed to bring them over, and there is a good chance that he will be deported.
6. It only applies for locking in the age at the time of sponsorship.

PMM

 

[mcm240906]

Hi PMM,

Maybe you could help me and suggest on what could be the best thing to do.

I received a letter last June 21, 2012 from the embassy and telling that I may not meet the requirements for immigration to Canada.

Because I was not declared by my husband with his application. But before he applied and landed in Canada he is still single and our status then was girlfriend/boyfriend relationship. My mistake was, I have declared and consider with my application that I have been staying with my husband parents' house from the year 2008 when I had my ectopic pregnacy until he left for Canada. Which is not true. Because my interpretation on the question is when a gril/boy sleeps over with parents' house is considered as cohabiting already. Wherein the fact I have worked in Manila and my husband stays in the province. And from the beginning of our relationship I stayed in my apartment. And does sleep with my husband's parents' house particularly every Saturdays and Sundays only. Also, was not able to declared all the addresses of my apartment for the reason of it is just temporary due to scope of my work. I usually transfer to another apartment where my place of work is near. I have some of the receipts and documents to prove that I am not living with my husband's parents' house.

What is the best thing to do with my case because we are just given 45days to submit all evidences or we wish to submit before a VO decide on my application.

Will my husband's PR revoke? What are the possibilities for a VO to consider my application and grant my visa.

Indeed, all answers with my application is just based on my understanding and interpretation thus with integrity.

I hope you could help me....thank you so much

 

[canadianwoman]

Write a clear explanation of your situation, stating that you were not actually living with your boyfriend from 2008 on. Provide any proof of this you have: proof that while you were at his parents' house, he was not (if that was the case), proof of the temporary apartment addresses you had, etc.
Try to stress that while you did stay with him occasionally, it was not the kind of permanent cohabitiation necessary for the relationship to be considered common-law.
Send all this to the VO. He/she may or may not believe you, but you have at least been given the chance to try to prove your case that you were not in a common-law relationship before your husband landed in Canada.