Sponsoring A biological child born outside after becoming a PR.

[fkhan123]

Hi guys the seniors and geniuses:

Long ago I called the CIC here in Toronto to look for an answer for it but could not get satisfaction. I have few my children outside of Canada borne to me after I became PR. For one of them I got a legal custody with me and is about 15 yrs now. For the other's I am fighting for the legal custody yet to be determined. I am the father of all of them and all are dependent on me for their support.

1. Can I sponsor them and under what class provided that I already have a spouse here who landed with me along with our two common children who are already Canadian Citizen now and are no more dependent on me. Due to this reason I have been spending most of the time outside and really want to settle mentally along with my those children who are outside and born to different women. My present Canadian spouse is aware of it and due to her medical conditions she is not making an issue out of it; but not sure that she is with me to bring them here, may be or may be not.

Please throw some light on it and give me your precious guidance on how to proceed with it or what could be other options or road map to address this situation.

Best regards.

 

[profiler]

Hi guys the seniors and geniuses:

Long ago I called the CIC here in Toronto to look for an answer for it but could not get satisfaction. I have few my children outside of Canada borne to me after I became PR. For one of them I got a legal custody with me and is about 15 yrs now. For the other's I am fighting for the legal custody yet to be determined. I am the father of all of them and all are dependent on me for their support.

1. Can I sponsor them and under what class provided that I already have a spouse here who landed with me along with our two common children who are already Canadian Citizen now and are no more dependent on me. Due to this reason I have been spending most of the time outside and really want to settle mentally along with my those children who are outside and born to different women. My present Canadian spouse is aware of it and due to her medical conditions she is not making an issue out of it; but not sure that she is with me to bring them here, may be or may be not.

Please throw some light on it and give me your precious guidance on how to proceed with it or what could be other options or road map to address this situation.

Best regards.

If they are under 19, Family class. Make sure you meet the Residency Obligation before you apply, to save you time, stress, and possibly money. Also make sure you've been here for 5 yrs (5 yr bar), or seek guidance from a lawyer or your MPs office on making an H&C application.

Best of luck!

 

[Rob_TO]

Hi guys the seniors and geniuses:

Long ago I called the CIC here in Toronto to look for an answer for it but could not get satisfaction. I have few my children outside of Canada borne to me after I became PR. For one of them I got a legal custody with me and is about 15 yrs now. For the other's I am fighting for the legal custody yet to be determined. I am the father of all of them and all are dependent on me for their support.

1. Can I sponsor them and under what class provided that I already have a spouse here who landed with me along with our two common children who are already Canadian Citizen now and are no more dependent on me. Due to this reason I have been spending most of the time outside and really want to settle mentally along with my those children who are outside and born to different women. My present Canadian spouse is aware of it and due to her medical conditions she is not making an issue out of it; but not sure that she is with me to bring them here, may be or may be not.

Please throw some light on it and give me your precious guidance on how to proceed with it or what could be other options or road map to address this situation.

Best regards.

According to your other posts you don't meet the residency obligation (you had mentioned being 4 months short). You need to sort this out first before filing a sponsorship application for your kids. Are you currently inside Canada? If so you should wait here until you meet the RO, and then sponsor your kids.

If you try to sponsor them while not meeting RO, most likely your RO issue would be noticed and instead of proceeding with your kids apps, they will cancel it and instead make moves to revoke your own PR status.

It also sounds like you have some H&C grounds to keep your PR status, so perhaps if you can't wait in Canada to comply with RO naturally you should see if you can renew your PR card first to overcome the RO under H&C means, and then try to sponsor your kids only if that's successful.

If you try to sponsor your kids along with H&C reasons for not meeting RO, at the very least I'd suggest using an experienced immigration lawyer since it sounds like it could get complicated.

 

[fkhan123]

Thank you guys. Basically, as long as I have all the proves that these are my kids and I am the biological father, there is no problem for sponsoring them even they are from different women than my legal spouse in Canada? At first I want to bring in the child for which I have the legal custody the reset will follow later once I would have the custody for them as well. Do I have to mention their names at the time of sponsoring the child for which I have the custody or do not mention now and sponsor them later on once at a time?

For sure I will deal with my RO first before I apply. Some more clarification guys.

Regards,

 

[deerestlovelybear]

Thank you guys. Basically, as long as I have all the proves that these are my kids and I am the biological father, there is no problem for sponsoring them even they are from different women than my legal spouse in Canada? At first I want to bring in the child for which I have the legal custody the reset will follow later once I would have the custody for them as well. Do I have to mention their names at the time of sponsoring the child for which I have the custody or do not mention now and sponsor them later on once at a time?

For sure I will deal with my RO first before I apply. Some more clarification guys.

Regards,

No if you have no custody you cannot sponsor the kid and you will need DNA test to prove relationship after you get custody. If you do not meet RO and you submit application they will cancel your PR. You also will be subjected to your current wife objection for infidelity

 

[profiler]

Thank you guys. Basically, as long as I have all the proves that these are my kids and I am the biological father, there is no problem for sponsoring them even they are from different women than my legal spouse in Canada? At first I want to bring in the child for which I have the legal custody the reset will follow later once I would have the custody for them as well. Do I have to mention their names at the time of sponsoring the child for which I have the custody or do not mention now and sponsor them later on once at a time?

For sure I will deal with my RO first before I apply. Some more clarification guys.

Regards,

I would get custody first, then apply for them all at once.

 

[fkhan123]

Thank you guys. For sure I will get the custody first, for the eldest one (15 yrs) I have already the custody and I may apply for her right away. Objection of infidelity, is it a formal CIC requirement that I have to seek no objection from my current wife and submit as part of my application?

Thanks

 

[canuck_in_uk]

My present Canadian spouse is aware of it and due to her medical conditions she is not making an issue out of it; but not sure that she is with me to bring them here, may be or may be not.

She isn't objecting because of her medical issues? Wow, what a position to put her in.

 

[fkhan123]

Guys, it's our personal unique situation. The reason I raised this concern is that fighting & winning a custody is not that easy and I am afraid I might run out of time for applying for the one I have the custody. Just to summarize the whole thing provided that I have already met the RO:

1. Legally I can sponsor all those kids whom I am the biological father?
2. Should I mention the names of the other kids in the sponsorship application of the kid for which I have to custody?
3. What are the future consequences if I do not mention their names and how would I sponsor them later on once I have the custody?
4. If there is a need be my current wife can waive her objection but will it be decisive factor for the CIC to approve or reject the appl? Or CIC does not care and will not ask for any sort of formal consent from my current wife?

Thank you guys in advance

 

[canadianwoman]

1. Legally I can sponsor all those kids whom I am the biological father?
2. Should I mention the names of the other kids in the sponsorship application of the kid for which I have to custody?
3. What are the future consequences if I do not mention their names and how would I sponsor them later on once I have the custody?
4. If there is a need be my current wife can waive her objection but will it be decisive factor for the CIC to approve or reject the appl? Or CIC does not care and will not ask for any sort of formal consent from my current wife?

1. You can sponsor them if they were born after you became a PR. Any child that was born before you became a PR can only be sponsored if you listed that child on your own application and the child had a medical.
2. The other children will have to be mentioned on the Additional Family Information form, since they are the siblings of this child.
3. There would be problems and delays if you did not list them as the siblings of the child and then tried to sponsor them. I am not sure whether this would amount to misrepresentation; if you just list them, there should be no need to worry.
4. I don't think CIC will ask your wife about this. You are already a PR, so once you have fulfilled your residency requirement, you should be ready to sponsor. For example, if you got divorced (as long as it has been more than two years since you landed, if you had a conditional PR), you would still be a PR and could sponsor the children. The visa officer may wonder about the relationships with multiple women, and might ask for a DNA test to prove you are the father. Wait until one is requested, however.

Even if you are able to apply to sponsor the children, you will still need permission from the mothers to bring them to Canada, unless you get full legal custody. If you get joint custody, you can still sponsor them as long as the mother approves.

 

[fkhan123]

Thank you canadianwoman, you have been so professional, helpful & excellent.

One thing more if you could add, based on my stated facts your input is the one which encouraged me and gave me a strong hope and firm believe that my kids will be with me; does it look a straight forward case or shall I think of hiring a lawyer either to initiate this trough him from the very beginning or if things go wrong or gets complicated then at that time I hire a the lawyer and get it done with it?

1. As you said all my kids bore after I became PR;
2. For the eldest one 15Yrs I have the court custody and for which I want to kick-off sponsorship right away;
3. As per your advice I will mention the rest whose custody process is in the pipeline, even in the case of joint custody getting their mother's legal consent or approval is not an issue;
4. Showing MNI will not be a problem too...is it a legal requirement to sponsor a biological child...?
5. The only thing I was worried about which you have clarified my current wife....she is aware of the presence of all those kids...she is OK if they can join me here so that my complete family gets mentally and physically settled and become peaceful....but her participation or assistance in this process is not sure 100% but in the worst case she could provide her willingness or consent if it would be required to by the CIC. But keeping in mind, infidelity or cheating is not a crime in Canada...I'm sure CIC will not base this to refuse my application.

If your advice is that I should hire a lawyer for this from the beginning then do you know or would like to refer to me any lawyer who is trustworthy and professional or how much it would cost me for this approximately...

I would appreciate much your sincere input again...thanks

 

[Rob_TO]

If your advice is that I should hire a lawyer for this from the beginning then do you know or would like to refer to me any lawyer who is trustworthy and professional or how much it would cost me for this approximately...

IMO I don't think you need a lawyer. Usually sponsoring children is relatively straightforward assuming:
1. They were declared on your own PR app, or were born after you became a PR. This should be no problem for you.
2. You have court papers showing full custody for each kid you want to sponsor, OR you have each kid's mother's writen permission to sponsor them

In your case, I would expect a DNA test may be requested by CIC.

Also they are your kids that you're sponsoring, so your current spouse doesn't need to be involved in the process at all.

 

[canadianwoman]

1. As you said all my kids bore after I became PR;
2. For the eldest one 15Yrs I have the court custody and for which I want to kick-off sponsorship right away;
3. As per your advice I will mention the rest whose custody process is in the pipeline, even in the case of joint custody getting their mother's legal consent or approval is not an issue;
4. Showing MNI will not be a problem too...is it a legal requirement to sponsor a biological child...?
5. The only thing I was worried about which you have clarified my current wife....she is aware of the presence of all those kids...she is OK if they can join me here so that my complete family gets mentally and physically settled and become peaceful....but her participation or assistance in this process is not sure 100% but in the worst case she could provide her willingness or consent if it would be required to by the CIC. But keeping in mind, infidelity or cheating is not a crime in Canada...I'm sure CIC will not base this to refuse my application.

1. Then you can sponsor them.
2. I think since the custody of this child is already settled, it would be the easiest to start with him.
3. Yes, you should mention the other children, on the 15-year-old's Additional Family Information form. It is easier to get joint custody than full legal custody, so if the mothers of the other children are willing to sign an agreement allowing the children to come to Canada, then asking for joint custody will most likely be faster and easier.
4. Using a DNA test to prove you are the father is not a legal requirement to sponsor a child. However, CIC can ask for one if the visa officer has any doubt. Because there are several children from different mothers, I would expect to be asked for DNA proof. However, CIC only accepts DNA results from certain test centres, and only after they have requested a test be done, so do not get them done ahead of time.
5. You can sponsor your children without your current wife's permission. I doubt the visa officer will even ask about her viewpoint. There is no need to mention what she thinks about all this in the application.

For the sponsorship of the 15-year-old, everything seems straightforward, so you can probably do the application without a lawyer. For the others... well, each case is separate, so should proceed like the first, except for the likelihood of being asked for DNA proof. I think you can do them without a lawyer. If the first one becomes complicated you can always hire a lawyer for the others. You probably need a lawyer for the custody cases, however.

 

[fkhan123]

Thanks a lot you've been very helpful....may God give you a good reward for this.

 

[fkhan123]

Dear loving guys:

One think just has clicked in my mind before launching my sponsorship appl for my eldest kid (15 yrs old) to be sponsored, for sponsoring the spouse or kids is minimum income requirement is really an issue or concern from Canadian Immigration's stand point? I mean, do I have to wait until I reach that income threshold or even I apply will by application will be declined just because of this?

Thanks