UNDECLARED CHILD

[Stanleen]

Hi , Need Help.

My Mom Sponsor me and my siblings here in canada, Process starts on 2012

I get pregnant on 2014 and give birth on 2015, at the age of 18yrs old

I send the Birthcertificate of my daughter and everything papers to my mom in canada when i was still in the Phil.

We are planning to declared her even she is not accompanying.

There is Lawyer from FBI who help my mom to process our papers and he said to my mom that "NO NEED TO DECLARE MY DAUGHTER BECAUSE I WILL BE THE ONE WHO DECLARE HER WHEN I SPONSPOR MY DAUGHTER IN CANADA" AND HE SAID THAT IT WILL DELAY ALL OUR PAPERS

So my mom just follow what the LAWYER Say.

We have Evidence that I send and conversation that we are willing to Declare my daughter.

NOW, Im married and i want to Sponsor my daugther and my husband. And i will be the Principal Sponsor. Not my mom will sponsor my Daughter.

WHAT STEP I WILL DO TO SPONSOR THEM?
Please help me . Thank you

 

[Buletruck]

You can’t. By not declaring your daughter and undergoing the medical examination in the initial application, she is no longer considered a family member. Your moms lawyer gave you some horrible advice.
And I hope your husband wasn’t your husband or common law spouse before you landed either. That would be doubly unfortunate.

 

[Stanleen]

no he just only my boyfriend before and we are just got married this dec 2018,

Is there any way, i can sponsor my daughter?

I heard some story that they still sponsor they undeclared children trough HUMANITARIAN / DEPENDING ON IMMIGRATION /

 

[Buletruck]

You could try an H&C application, but there is no gaurantee it would be successful. The child would need to be in Canada before you could start the application.

 

[Stanleen]

You could try an H&C application, but there is no gaurantee it would be successful. The child would need to be in Canada before you could start the application.

What do you mean that the child should be in canada before the application?

 

[YVR123]

Any lawyer that claim himself/herself with that doesn't sound reliable.
"There is Lawyer from FBI"

 

[mad_hatter]

Was the child born before or after your 18 birthday? If it was before, you were still a minor and cannot be help against the action of your mother. There may be a way forward. Consult with an immigration lawyer.

 

[Stanleen]

Was the child born before or after your 18 birthday? If it was before, you were still a minor and cannot be help against the action of your mother. There may be a way forward. Consult with an immigration lawyer.

I get pregnant before i turn to 18,

But i give birth im already 18.

 

[Stanleen]

How about if I will already applied as a Canadian Citizen, can I sponsor my husband and daughter even she is not Declared on my pr application.

 

[scylla]

How about if I will already applied as a Canadian Citizen, can I sponsor my husband and daughter even she is not Declared on my pr application.

No - you can't. It doesn't matter if you are a PR or a citizen. The same rules still apply.

 

[zardoz]

Was the child born before or after your 18 birthday? If it was before, you were still a minor and cannot be help against the action of your mother. There may be a way forward. Consult with an immigration lawyer.

This is irrelevant. It is the mother who was sponsoring, if a family class sponsorship, or the Principal Applicant, if an economic class application. Either way, the mother is culpable.

 

[mad_hatter]

This is irrelevant. It is the mother who was sponsoring, if a family class sponsorship, or the Principal Applicant, if an economic class application. Either way, the mother is culpable.

I disagree, minor is help to a different standard. That is why minor does not need a police certificate. OP was sponsored by her mother as a dependent child. Her mother is the one should be culpable. It is unfortunate that OP was over 18 years old when she gave birth. I think OP should still apply, the worst that can happen is IRCC rejects the application. She can appeal and I think she has a good chance of winning the appeal.

 

[Buletruck]

Yeah......the courts don’t generally see it that way. While it’s the OP’s choice to apply or not, the courts have refused time and again to recognize those who aren’t examined prior to landing as family members. Not to mention the possible risks to the OPs own status if IRCC decided to review any misrepresentation.


https://www.canlii.org/en/ca/irb/do...AAAAQAMRmFtaWx5IGNsYXNzAAAAAAE&resultIndex=20

https://www.canlii.org/en/ca/irb/do...AAAAQAMRmFtaWx5IGNsYXNzAAAAAAE&resultIndex=65

https://www.canlii.org/en/ca/irb/do...AAAAQAMRmFtaWx5IGNsYXNzAAAAAAE&resultIndex=91

 

[zardoz]

I disagree, minor is help to a different standard. That is why minor does not need a police certificate. OP was sponsored by her mother as a dependent child. Her mother is the one should be culpable. It is unfortunate that OP was over 18 years old when she gave birth. I think OP should still apply, the worst that can happen is IRCC rejects the application. She can appeal and I think she has a good chance of winning the appeal.

You need to read & understand the legislation. It's a technical clause, which either applies or it doesn't. There is no mitigation defined, based on age, reasons, justification or blame. You may not like it. A lot of people don't. However, it is what it is...
https://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/section-117.html

• Excluded relationships
  
  (9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if
  • (a) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner and is under 18 years of age;
    
    
  • (b) the foreign national is the sponsor’s spouse, common-law partner or conjugal partner, the sponsor has an existing sponsorship undertaking in respect of a spouse, common-law partner or conjugal partner and the period referred to in subsection 132(1) in respect of that undertaking has not ended;
    
    
  • (c) the foreign national is the sponsor’s spouse and
    • (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or
      
      
    • (ii) the sponsor has lived separate and apart from the foreign national for at least one year and
      • (A) the sponsor is the common-law partner of another person or the sponsor has a conjugal partner, or
        
        
      • (B) the foreign national is the common-law partner of another person or the conjugal partner of another sponsor; or
  • (c.1) the foreign national is the sponsor’s spouse and if at the time the marriage ceremony was conducted either one or both of the spouses were not physically present unless the foreign national was marrying a person who was not physically present at the ceremony as a result of their service as a member of the Canadian Forces and the marriage is valid both under the laws of the jurisdiction where it took place and under Canadian law;
    
    
  • (d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.
• Marginal note:Exception
  
  (10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.
  
  
• Marginal note:Application of par. (9)(d)
  
  (11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,
  • (a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or
    
    
  • (b) the foreign national was the sponsor’s spouse, was living separate and apart from the sponsor and was not examined.

 

[Stanleen]

I disagree, minor is help to a different standard. That is why minor does not need a police certificate. OP was sponsored by her mother as a dependent child. Her mother is the one should be culpable. It is unfortunate that OP was over 18 years old when she gave birth. I think OP should still apply, the worst that can happen is IRCC rejects the application. She can appeal and I think she has a good chance of winning the appeal.

Hi what is OP? can you tell me more about this ?