Pls help..unusual circumstances

[Schehrazade]

Hello everyone. Our case has taken a turn and I'm hoping for some advice and guidance from this forum.

I am the primary applicant and we have just received our AOR. Both my husband and I were married before and both have children from these previous unions. My children live with us and are part of our immigration package. My husband's son however lives with his mother in the US and is not part of our immigration. My husband does not have communication with his adult child or his mother.
Now comes the tricky part.. We received a request for additional documents with our AOR. We had declared our previous marriages along with our children and we had listed his child as non-accompanying. But IRCC has still asked us for his schedule A, additional family information form, birth certificate copy and pictures. In fact, they've asked us to resend our pictures too as I guess they found them incomplete.
Now we don't know what we can do. One thought is to fill out both forms and my husband signs them and we add a notarised letter also signed by my husband that all information provided on the forms is true and the reason it could not be signed by the adult child is because there is no communication between father and son. They are estranged. Another option is to just send a letter explaining the situation.
Any help or insight here would be greatly appreciated. They have given us a month to respond and we are so unsure as what to do.

 

[scylla]

How old is your husband's son?

 

[Schehrazade]

Hi Scylla thank you for answering. I was hoping for your help. His son is 19. The divorce between the parents was bitter and this unfortunately usually kills innocent relationships too. He doesn't talk to his father at all. We have a copy of his birth certificate and pictures which we can give but no way of getting the forms signed.

 

[zardoz]

Hi Scylla thank you for answering. I was hoping for your help. His son is 19. The divorce between the parents was bitter and this unfortunately usually kills innocent relationships too. He doesn't talk to his father at all. We have a copy of his birth certificate and pictures which we can give but no way of getting the forms signed.

Was the son 19 on the day that IRCC received the application? If he was only 18, his age was locked in as a dependant, even if non-accompanying. If, on the other hand, he was already 19, he should not have been included in the application, even as non-accompanying. In that case, IRCC would have zero interest in the son.

 

[Schehrazade]

Hi Zardoz. He was already 19 when we applied to IRCC. The forms asked us to state all children even from previous marriages , even non accompanying ones, so we did. We wrote that the child would not be accompanying us, that he lived with his mother in the US. Not telling them about him would have been misrepresentation. I really don't know what to do.

 

[scylla]

He should have been included as a family member rather than dependent since he was over 19.

 

[canuck_in_uk]

He should have been listed only on the Additional Family form, not included in the app as a dependent.

Respond to IRCC with a copy of the son's birth certificate. Include a letter of explanation that he was 19 years old when the app was submitted and you misunderstood the definition of dependent.

 

[Schehrazade]

Thank you all for your replies. I will send off an explanatory email tomorrow and send them a hard copy of the letter + his birth certificate copy + another set of our pictures as they have asked for them again by courier. I hope that this will suffice. Should I fill in another generic application form IMM 0008 without him as dependant and send that too?
I would like to say thank you for the help and advice that this forum has given. I was going out of my mind with worry as was my husband. Your guidance has shown a way forward. Thank you.

 

[zardoz]

Thank you all for your replies. I will send off an explanatory email tomorrow and send them a hard copy of the letter + his birth certificate copy + another set of our pictures as they have asked for them again by courier. I hope that this will suffice. Should I fill in another generic application form IMM 0008 without him as dependant and send that too?
I would like to say thank you for the help and advice that this forum has given. I was going out of my mind with worry as was my husband. Your guidance has shown a way forward. Thank you.

It would possibly save time if you provided an updated form. IRCC might simply remove him themselves but at least you have covered both options.

 

[Schehrazade]

It would possibly save time if you provided an updated form. IRCC might simply remove him themselves but at least you have covered both options.

Yes I think that would be a wise move. I will send off an email tomorrow and courier the documents too. Hopefully it will work out. Thank you Zardoz.

 

[Schehrazade]

Quick update. We've updated the IRCC webpage with an affidavit from my husband that his non dependant adult son is not part of the immigration package and we understand that he can never be sponsored by us. We updated his passport copy too as proof of age. We also couriered another generic application form along with new pictures. I hope this does the job and our application proceeds forward.
Thank you everyone who took out time to help us and answer our query.