Illegitimate child

[armoured]

I got my PR through ICC. I didn't know that I had illigitimate child can I sponsor him now? Thank you for the advice.

So the 'normal' thing for applicants is that they have to declare children and have them examined when they apply for and become PRs. And if they're not declared, they cannot be sponsored.

Situations like yours are rare so it's hard for anyone to say precisely what the situation will be. Given that one would have an incentive to say 'I did not know of this child', whatever happens there will be some extra scrutiny. (If you're not listed as the father on the birth certificate, an extra complication too - and they may ask for DNA evidence regardless).

Now: I think it should be possible to sponsor the child - but it may not be easy. But I'd strongly suggest getting a consultation with a lawyer about how to proceed. You may need to provide evidence and legal docs about this (affidavits you didn't know, how you found out, etc). You don't want to make an error that will close the door on this and should get professional advice - IMO.

And note: I haven't even touched the issue of custody and if you're prepared to take on full custody, permission of the other parent (who cannot be sponsored), etc. You'll also need to show that you can support one more child (in an already not small family).

One caution: while I'm sure there have been other cases, this type of situation is outside the normal bounds and some specifics may matter a lot - in other words, cases that seem similar may be quite different from immigration regs and law perspective, so don't jump to conclusions that it will all be easy if you hear it worked for someone else.

This is why we were asking things about how you became a PR/citizen etc - specific case circumstances matter. It's not all bad - the fact that you were fairly young at the time could be seen as a positive (although you were still an adult, it's not uncommon); the country/culture where this happened may matter (eg family of the mother not wanting to disclose/publicize what happened); and the fact that 13 years or so has passed since the child was born (and that you started another family) may support that you truly did not know about the child.

 

[scylla]

Immigration Child Care

This is an economic immigration program. There is a sponsorship program that allows people to sponsor undeclared dependents but it's only open to people who received PR under family sponsorship or refugee. So you do not qualified under this program.

You could certainly try submitting a regular family sponsorship application to sponsor the child and request H&C considerations based on the fact you did not know about the child when you immigrated. It would be best to apply with the help of an immigration lawyer. It's not going to be possible for any of us to predict if your application will be approved or not.

 

[Ice_ann]

Way back in 2003 I was granted a working visa under the category of live in caregiver over a period of3 years until I got my open permit to work. ICC Immigration Child Care my pathway. When I applied for PR I am not aware that I had illigitimate child . I only found out that I had a child to another mother 2 years ago. Now with this situation can I petition him if I will declare now that I have another child before I got my PR and became a Canadian citizen. I am already married with 3 kids and my wife is opposing me to petition my illigitimate child. Please need your advice thank you.

 

[Ice_ann]

This is an economic immigration program. There is a sponsorship program that allows people to sponsor undeclared dependents but it's only open to people who received PR under family sponsorship or refugee. So you do not qualified under this program.

You could certainly try submitting a regular family sponsorship application to sponsor the child and request H&C considerations based on the fact you did not know about the child when you immigrated. It would be best to apply with the help of an immigration lawyer. It's not going to be possible for any of us to predict if your application will be approved or not.

Thank you so much.

 

[scylla]

Way back in 2003 I was granted a working visa under the category of live in caregiver over a period of3 years until I got my open permit to work. ICC Immigration Child Care my pathway. When I applied for PR I am not aware that I had illigitimate child . I only found out that I had a child to another mother 2 years ago. Now with this situation can I petition him if I will declare now that I have another child before I got my PR and became a Canadian citizen. I am already married with 3 kids and my wife is opposing me to petition my illigitimate child. Please need your advice thank you.

I already gave you advice and instructions on what to do next above. Please read it again.

You will need to try sponsoring your child through the regular family sponsorship stream. I assume the child is under 22 years old. No one can tell you if the application will be approved or not. Recommend to use a lawyer.

 

[armoured]

I am already married with 3 kids and my wife is opposing me to petition my illigitimate child. Please need your advice thank you.

No-one can give you advice on this aspect. I don't believe the spouse in Canada formally has to give permission - but this doesn't make it a good idea. As with the question of custody of the other child, these are things you're going to have to work out on your own or with professional assistance.

Note that if possible to sponsor the child, it could make better sense to do so when closer to or over 18 (but before reaching age of 22).

You should also note of course that no-one can say whether rules / immigration laws may change in future.