Options: Son excluded under s. 117(9)(d) family class

[jennyk888]

Hello,

I moved to Canada in 2014 with my husband and three sons and was granted permanent residency. Unfortunately (I realize not declaring was a huge mistake) we did not declare our 4th son, who stayed back in our country of origin with his grandma. We were told by an immigration expert that it would be easier to sponsor him later (which we realize is wrong).

Anyways, I applied to sponsor my son but the application was denied under s. 117(9)(d). I realize it may be a misrepresentation but that aside, what are our options now?

If the child is no longer part of the "family class" is he an orphan? Meaning could his grandparents sponsor him?
Could he be adopted by his grandparents (the ones who are permanent residents of Canada)

I know that H&C is an option, but I was wondering if there was any other way.

Thank you!

 

[profiler]

Hello,

I moved to Canada in 2014 with my husband and three sons and was granted permanent residency. Unfortunately (I realize not declaring was a huge mistake) we did not declare our 4th son, who stayed back in our country of origin with his grandma. We were told by an immigration expert that it would be easier to sponsor him later (which we realize is wrong).

Anyways, I applied to sponsor my son but the application was denied under s. 117(9)(d). I realize it may be a misrepresentation but that aside, what are our options now?

If the child is no longer part of the "family class" is he an orphan? Meaning could his grandparents sponsor him?
Could he be adopted by his grandparents (the ones who are permanent residents of Canada)

I know that H&C is an option, but I was wondering if there was any other way.

Thank you!

Seek help from your MP. This was discussed over a few meetings of the Standing Committee in the later half of 2016. They can help you.

According to Robert Orr, H & C exists as a "safety valve" for these types of cases. But, it's not something to do yourself. Your MPs office can help with guidance, material, and legal support.

Best of luck...