Sponsoring undeclared Child

[paint.thinner]

Hello everybody,

I just want to inquire about my common law partner’s situation. He is a permanent resident and located in BC since 2014. His mom sponsored him and his sister in Philippines as her mom was a caregiver here in Canada. They forward the application on year 2006. My partner’s son was born 2010. By that time, the PR application had started processing so he said he haven’t got a chance to declare his son on the papers. Right now, we have decided to sponsor his son and get him here. Is there going to be a problem if we process his son’s PR application as he wasn’t born yet when they applied for PR? Please let me know. Thank you!

~Cristel

Hi there,

I have not declared my child as the father has been given full custody of the child owing to my ailing health post delivery. Full custody was not Court Ordered but mutual agreement.

My PR is still in process. Does declaring the child will affect my application adversely?

@stellsalas17 and @Bundhun both of you guys should talk to a good reputed immigration lawyer recognized by IRCC. They might have a way out for you

 

[np08]

@stellsalas17 and @Bundhun both of you guys should talk to a good reputed immigration lawyer recognized by IRCC. They might have a way out for you

The former case is hopeless as that application has been processed without the child being declared. The window has closed.

@Bundhun still has time to declare their child and should do so as soon as possible.

People need to start taking dependent declaration seriously because it really is.

 

[monkeys89]

The former case is hopeless as that application has been processed without the child being declared. The window has closed.

@Bundhun still has time to declare their child and should do so as soon as possible.

People need to start taking dependent declaration seriously because it really is.

Yes. It breaks my heart to see these cases but they keep happening. The only time you have a chance to address this is when the app is still processing, not after. If you have landed, it is too late. The idea that one "doesn't have the chance" is an excuse is not possible.

It breaks my heart. It really does. And it's cases like this that make family sponsorship more difficult for everyone. Because some people think the warning doesn't apply to them. Or they don't read the instructions. Or they think that the delay to their own PR app of adding a child isn't worth the paperwork and they'll just ask nicely after. Or they're "too busy" to add the child. Or they didn't want to tell their sponsoring parents they had a child. Or, or, or.

So many people will have so many issues with legitimate family sponsorships because so many other people think the rules don't apply to them for whatever reason. And no, not knowing of the rules is not an excuse. You sign a declaration saying you understand the rules when you submit. Make sure you do.

 

[zardoz]

@stellsalas17 and @Bundhun both of you guys should talk to a good reputed immigration lawyer recognized by IRCC. They might have a way out for you

Unfortunately, CANLII is full of case law dealing with IRPR 117(9)(d) and it only very rarely works out happily for the misrepresenting appellant.
It's one of the cases where "intent" is pretty much irrelevant, as is "my agent/family member/lawyer did it, so it's not *my* fault".

 

[Bundhun]

To Zardoz
I have never lied on my application.....father was given full custody of the child through a mutual agreement and i have no contact with the child. Will IRCC penalise me for not declaring him in prior application though i have declared him now.

While filling the form i have not realised that i was committing a mistake, thats all, with no intention to induce positive outcomes on my PR. IRCC should give me a chance since i have disclosed everything now. Im very very stressed out.

All documents reached IRCC on 1st November 2018. By when will i get an answer?

 

[monkeys89]

To Zardoz
I have never lied on my application.....father was given full custody of the child through a mutual agreement and i have no contact with the child. Will IRCC penalise me for not declaring him in prior application though i have declared him now.

While filling the form i have not realised that i was committing a mistake, thats all, with no intention to induce positive outcomes on my PR. IRCC should give me a chance since i have disclosed everything now. Im very very stressed out.

All documents reached IRCC on 1st November 2018. By when will i get an answer?

When IRCC decides what to do with you. You didn't think you lied, but you did misrepresent. Custody of the child is one thing, but even parents with no custody still have a child and should answer as such when a form asks if they have children.

 

[Bundhun]

When IRCC decides what to do with you. You didn't think you lied, but you did misrepresent. Custody of the child is one thing, but even parents with no custody still have a child and should answer as such when a form asks if they have children.

Yes thats where i have committed an error which i have corrected. Basically, i have not remained silent and landed with that error on my file. My ethics have spoken louder........this is where honesty lies....i have disclosed before final decision.

 

[Bundhun]

@monkeys89
And instead of motivating people to go forward and reveal their errors, you are indirectly intimidating others with words like that "When IRCC decides what to do with you"....OMG.....
And IRCC knows that i have disclosed not to include or sponsor my child but to abide by the prevailing rules pertaining to admissibility (if my own admissibility will depend on my child's medical status)...........thats what matter....i have adopted a co-operative attitude.

 

[zardoz]

To Zardoz
I have never lied on my application.....father was given full custody of the child through a mutual agreement and i have no contact with the child. Will IRCC penalise me for not declaring him in prior application though i have declared him now.

While filling the form i have not realised that i was committing a mistake, thats all, with no intention to induce positive outcomes on my PR. IRCC should give me a chance since i have disclosed everything now. Im very very stressed out.

All documents reached IRCC on 1st November 2018. By when will i get an answer?

In the past, IRCC has tended to disregard penalties for historical misrepresentation, especially where no significant benefit has been gained from the misrepresentation. However, in a PR application it's more serious if the applicant gains an advantage from the misrepresentation. This can be a problem even up to citizenship.

As I have said, your "intent" or "reasons" are not overly important to the issue when dealing with the issue of undeclared dependents.

In situations such as this, where the applicant is "unfamiliar" with the process, it's often a good idea to seek competent, professional advice in order to ensure that such mistakes are not made. This could easily have been avoided. The application must be truthful, accurate and complete.

As long as you have corrected the application before IRCC detected the error and before the application processing is completed, you should be ok. You will need to comply with the instructions that IRCC give you regarding the examination of the child. A mutual, informal, custody agreement is not likely to be sufficient for IRCC to willingly remove the child from the application as a dependent. You are probably going to need professional assistance going forward.

 

[Bundhun]

Today, i was showing my work colleague about the letter i sent to IRCC and i jot to the conclusion that i have given IRCC too much detail in the letter.......i was only trying to disclose and tell everything.