PR in process then got a kid.

[pedropil]

My friend sponsored by his mother under family class, he got approved 2013, but by 2012 his girlfriend pregnant and they've got a kid. they got married last 2014. the problem is he never declared that he got a kid along the way while his PR card is in process even until it was approved. is there any problem on that? because my friend wants to sponsor now his wife and kid.

 

[canuck_in_uk]

My friend sponsored by his mother under family class, he got approved 2013, but by 2012 his girlfriend pregnant and they've got a kid. they got married last 2014. the problem is he never declared that he got a kid along the way while his PR card is in process even until it was approved. is there any problem on that? because my friend wants to sponsor now his wife and kid.

You need to provide more specific information. When did he actually become a PR? When was the child born? Did he and his partner live together for at least a year prior to him becoming a PR?

 

[pedropil]

he went to canada last august 15 2012, landed immigrant. his son was born august 8, 2011. my friend and
his girlfriend was dating for less than a month that time then the girlfriend got pregnant rigth away, and by 2014 they finally got married, he went home to his home country for a month and that's it. he never updated his application or inform the CIC about that.

 

[Louman64]

he went to canada last august 15 2012, landed immigrant. his son was born august 8, 2011. my friend and
his girlfriend was dating for less than a month that time then the girlfriend got pregnant rigth away, and by 2014 they finally got married, he went home to his home country for a month and that's it. he never updated his application or inform the CIC about that.

I'll leave these to the experts ! but correct me if I am wrong ...does'nt the husband has a lot of time to inform
CIC about the child birth ?

 

[scylla]

he went to canada last august 15 2012, landed immigrant. his son was born august 8, 2011. my friend and
his girlfriend was dating for less than a month that time then the girlfriend got pregnant rigth away, and by 2014 they finally got married, he went home to his home country for a month and that's it. he never updated his application or inform the CIC about that.

He can never sponsor his son since he failed to declare him and have him medically examined before landing.

 

[pedropil]

I'll leave these to the experts ! but correct me if I am wrong ...does'nt the husband has a lot of time to inform
CIC about the child birth ?

unfortunately his representative, or the one who processed his papers told him that it might affect his PR application and suggested that dealt with it later. his son's birth certificate has no father indicated, it's just the mother.

 

[canuck_in_uk]

unfortunately his representative, or the one who processed his papers told him that it might affect his PR application and suggested that dealt with it later. his son's birth certificate has no father indicated, it's just the mother.

The representative was an idiot. There would have been no issue in adding his child to the PR application. He could have landed as a PR along with his child, returned to his country to marry his partner and then sponsored her for PR.

As said above, he will never be able to sponsor the child.

 

[carolbb23]

Wow stupid Consultant but did they mention the wife

 

[scylla]

unfortunately his representative, or the one who processed his papers told him that it might affect his PR application and suggested that dealt with it later. his son's birth certificate has no father indicated, it's just the mother.

Unfortunately it doesn't matter who told him what - CIC will hold him responsible for his actions.

The fact no father was listed on the birth certificate probably won't help much. CIC will require permission from the father for the child to be sponsored and moved to Canada. So a father will have to be identified. I'm not sure what CIC will do in this case. However if they determine the child is your friend's (although he claims it's someone else's), that will result in a misrep finding and likely a 5 year ban from Canada for his wife.

The only two clear ways out of this are for his wife to immigrate on her own (e.g. as an economic immigrant) and include the child in her application. Or alternatively, for your friend to give up his PR status and apply again from scratch (including his wife and child in the application).

 

[scylla]

Wow stupid Consultant but did they mention the wife

He wasn't married yet.

 

[pedropil]

he can sponsor his wife right? then the wife can bring the child. included in the application as biological mother and no declared father on child's birth certificate. or sponsor the child later once the mother gets a PR. ?

 

[carolbb23]

Unfortunately it doesn't matter who told him what - CIC will hold him responsible for his actions.

The fact no father was listed on the birth certificate probably won't help much. CIC will require permission from the father for the child to be sponsored and moved to Canada. So a father will have to be identified. I'm not sure what CIC will do in this case. However if they determine the child is your friend's (although he claims it's someone else's), that will result in a misrep finding and likely a 5 year ban from Canada for his wife.

The only two clear ways out of this are for his wife to immigrate on her own (e.g. as an economic immigrant) and include the child in her application. Or alternatively, for your friend to give up his PR status and apply again from scratch (including his wife and child in the application).



Do they not do DNA test

 

[carolbb23]

He wasn't married yet.

Oh ok that's tough

 

[canuck_in_uk]

he can sponsor his wife right? then the wife can bring the child. included in the application as biological mother and no declared father on child's birth certificate. or sponsor the child later once the mother gets a PR. ?

Won't work. IRCC made the rules to prevent people from doing such things. The child would have to be included in the wife's app as a dependent to be sponsored in future. However, as the child was excluded as a member of the Family Class, he can't be included.

Trying to lie about the parentage of the child has no chance of success. IRCC will see that the child was born during the father's PR app and require a DNA test.

 

[scylla]

he can sponsor his wife right? then the wife can bring the child. included in the application as biological mother and no declared father on child's birth certificate. or sponsor the child later once the mother gets a PR. ?

He can sponsor his wife. However the child cannot come as part of that application or be sponsored later because he failed to declare the child.

If they say the child isn't his - this is lying / misrepresentation - which is breaking the law. If that's the direction they want to go, I can't help.