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dannie02

Newbie
Mar 3, 2011
7
0
Hi. I really need an advice about my situation. I'm an immigrant here in Canada, my mom sponsored us. The problem is, I didn't declared my son because I was like 3 months pregnant when my mom started processing our papers. Can I declare my dependent late? Or what? I don't know what to do. Please help. :(
 
Are you already in Canada, and have your PR card? You are supposed to report any changes in your family circumstances to the visa office and CIC before you land.
 
Yes. I'm in Canada for about a year now. My mom didn't know that we should do that and I don't have any ideas either.
 
Where is your child now? Where was he/she born? And who is taking care of it?
 
You didn't declare him when you landed so you are now forever banned from sponsoring him to Canada. He is excluded from the family class. This is a very important question that they ask you at landing: do you have any dependents that were not included on your application for permanent residence? If you said no, when you in fact had a child at home, you lied and you could lose your own PR status for misrepresentation for that. In addition - there was more to it than that. Your mother likely knew that sponsoring a grandchild would mean she'd have to meet Minimum Income requirements - so she kept quiet about the pregnancy and the birth of her grandchild. So her PR status is at risk, also. Your son was, by immigration definition, her dependent also! Honestly, I hate to say it, but you (at least) and she should both go back to the Phils and take care of your family. These are tough consequences, but you and your mother both misrepresented your situation in order to gain advantage under the Act and that's not legal. Sorry.
 
I understand and I'm so sorry for my ignorance.

I have another question. My fiance (father of my baby) and I are getting married this year. So, if I sponsor him is there a chance we can sponsor our son too? Despite of the conflict about the declaration?
 
Please re read robsluv post.

You cannot sponsor your child, no matter who you marry and sponsor in the future.
 
Because he is still "your son".

Let's say if your husband sponsored the kid in the future? What kind of information he needs to provide? Birth Certificate and your name will be printed on the paper as mom. Then how can you explain to CIC why you didn't declare the kid when you were under PR processing or when you were landing??

If you really want your child to come here, maybe try to find someone adopt him? I don't know if it works....
 
dannie02 said:

Both you and your mother misrepresented (and / or concealed) material facts about your situation when you applied to immigrate.
It is illegal, both of you have placed your PR status at risk.

Canada takes this sort of thing very seriously.
Best advice, as you cheated the system, I would start looking for flights back to the Philippines.
 
I wonder, do other forum members think this scenario would work in this case?
She gets married to her baby's father and then sponsors him to Canada. After he gets his PR, he then sponsors the child. The application would probably (or certainly?) be rejected, but then when they appeal they could ask for humanitarian consideration. Given that the best interests of the child are to be with both parents, I think they could win the appeal.
 
The child is still her son and as she did not declare him when she landed (meaning the son is banned from being sponsored to Canada), I don't think it will work.

I think that when a new application is processed, the red flags will get raised and then the mother and grandmother will be investigated.

H&C is not there to reward those that commit fraud.