Undeclared Children PR Application - Now Canadian Citizen

[Vitaly.Kly]

Hello everyone,

In November of 2015, I was granted permanent residency. On my application I declared my then 19 year old son, and my wife. I have a daughter and son outside of marriage (they have the same mom). They were 13 and 14 respectively in 2015. I was scared of declaring them on my papers as I thought my application would fall through. I’ve been in their lives since birth, and have supported them throughout. My wife knows of their existence (she found out late). I know back then my morality was not the greatest.

It’s hard to visit my two other children whenever I want to since they live on the other side of the globe. Their mother has stage 3 cancer, and we both decided that if anything happens to her, my children should go under my care. I want to process their papers as soon as I can.

My other problem is that I’m not listed on their birth certificates as their father although a paternity test has been made. I’m willing to do it again for legal purposes.

Can I bring them here through the pilot program after getting their birth certificates fixed or should I adopt them then sponsor them? Can I sponsor them through compassionate grounds since their mother is sick? My daughter is 21 this year and from what I’ve read, 22 is the limit.

I know my case is very complex but can someone enlighten me? What steps should I take? I’m a Canadian Citizen now, I don’t know if that makes a difference compared to being a PR.

 

[scylla]

Hello everyone,

In November of 2015, I was granted permanent residency. On my application I declared my then 19 year old son, and my wife. I have a daughter and son outside of marriage (they have the same mom). They were 13 and 14 respectively in 2015. I was scared of declaring them on my papers as I thought my application would fall through. I’ve been in their lives since birth, and have supported them throughout. My wife knows of their existence (she found out late). I know back then my morality was not the greatest.

It’s hard to visit my two other children whenever I want to since they live on the other side of the globe. Their mother has stage 3 cancer, and we both decided that if anything happens to her, my children should go under my care. I want to process their papers as soon as I can.

My other problem is that I’m not listed on their birth certificates as their father although a paternity test has been made. I’m willing to do it again for legal purposes.

Can I bring them here through the pilot program after getting their birth certificates fixed or should I adopt them then sponsor them? Can I sponsor them through compassionate grounds since their mother is sick? My daughter is 21 this year and from what I’ve read, 22 is the limit.

I know my case is very complex but can someone enlighten me? What steps should I take? I’m a Canadian Citizen now, I don’t know if that makes a difference compared to being a PR.

You need to tell us how you obtained your PR status (i.e. through which immigration program). What is an economic immigration program (e.g. FSW or caregiver or something else) or family or refugee? The exact details of this are very important.

It may be possible for you to attempt to sponsor them through a pilot program but it will depend on how you yourself got PR status. Whether you are a PR or citizen is irrelevant.

There's no compassionate program that fits this. The pilot program is the only option that may work if you meet the criteria.

 

[Naturgrl]

Hello everyone,

In November of 2015, I was granted permanent residency. On my application I declared my then 19 year old son, and my wife. I have a daughter and son outside of marriage (they have the same mom). They were 13 and 14 respectively in 2015. I was scared of declaring them on my papers as I thought my application would fall through. I’ve been in their lives since birth, and have supported them throughout. My wife knows of their existence (she found out late). I know back then my morality was not the greatest.

It’s hard to visit my two other children whenever I want to since they live on the other side of the globe. Their mother has stage 3 cancer, and we both decided that if anything happens to her, my children should go under my care. I want to process their papers as soon as I can.

My other problem is that I’m not listed on their birth certificates as their father although a paternity test has been made. I’m willing to do it again for legal purposes.

Can I bring them here through the pilot program after getting their birth certificates fixed or should I adopt them then sponsor them? Can I sponsor them through compassionate grounds since their mother is sick? My daughter is 21 this year and from what I’ve read, 22 is the limit.

I know my case is very complex but can someone enlighten me? What steps should I take? I’m a Canadian Citizen now, I don’t know if that makes a difference compared to being a PR.

So sorry for your situation. Just to add from @scylla - these are the requirements.

Your children may be eligible for the pilot project if:

• you’re applying to be sponsored as a spouse, common-law partner, or dependent child

AND

• you were not declared or examined when your sponsor became a permanent resident
  • as a resettled refugee
  • after being granted refugee protection in Canada
  • as a dependent of a resettled refugee/protected person
  • after being sponsored as a spouse, common-law partner, conjugal partner, or dependent child under the Family Class or
  • after being sponsored as a spouse or common-law partner under the Spouse or Common-Law Partner in Canada Class

Do you meet any of the second bullets? If so you are eligible. If not, your children can look at studying in Canada. Don’t know how changing the birth certificate or adopting them will change since they are your biological children. Your application would not have fallen through as they would have needed to do a medical exam and been declared as non-accompanying.

 

[Vitaly.Kly]

You need to tell us how you obtained your PR status (i.e. through which immigration program). What is an economic immigration program (e.g. FSW or caregiver or something else) or family or refugee? The exact details of this are very important.

It may be possible for you to attempt to sponsor them through a pilot program but it will depend on how you yourself got PR status. Whether you are a PR or citizen is irrelevant.

There's no compassionate program that fits this. The pilot program is the only option that may work if you meet the criteria.

I obtained my status through FSW.

 

[scylla]

I obtained my status through FSW.

Ah - that's too bad. That means you don't qualify for the pilot program.

I guess you can still try. But be aware that the most likely outcome is a refusal.

 

[Vitaly.Kly]

So sorry for your situation. Just to add from @scylla - these are the requirements.

Your children may be eligible for the pilot project if:

• you’re applying to be sponsored as a spouse, common-law partner, or dependent child

AND

• you were not declared or examined when your sponsor became a permanent resident
  • as a resettled refugee
  • after being granted refugee protection in Canada
  • as a dependent of a resettled refugee/protected person
  • after being sponsored as a spouse, common-law partner, conjugal partner, or dependent child under the Family Class or
  • after being sponsored as a spouse or common-law partner under the Spouse or Common-Law Partner in Canada Class

Do you meet any of the second bullets? If so you are eligible. If not, your children can look at studying in Canada. Don’t know how changing the birth certificate or adopting them will change since they are your biological children. Your application would not have fallen through as they would have needed to do a medical exam and been declared as non-accompanying.

Looking at it, seems like I don’t meet any of the criteria on the second bullet.

 

[Vitaly.Kly]

Ah - that's too bad. That means you don't qualify for the pilot program.

I guess you can still try. But be aware that the most likely outcome is a refusal.

It will most likely be misrepresentation if I process it on my own? Should hiring an immigration lawyer be the best path moving forward?

 

[scylla]

Looking at it, seems like I don’t meet any of the criteria on the second bullet.

If you can get both of the children to Canada on a TRV / eTA (depending on what passport they hold), then an H&C application would be possible. They both need to be in Canada for that and would need to be prepared to remain in Canada for a couple of years while the application is processed.

 

[scylla]

It will most likely be misrepresentation if I process it on my own? Should hiring an immigration lawyer be the best path moving forward?

I don't think they'll come after you for misrepresentation. However I do think the chances are going to be incredibly low since you don't meet the requirements of the pilot program. It should be a flat out refusal since you don't meet the basic requirements to sponsor. IMO this will almost certainly be a waste of time and money that won't get you the outcome you want. Assume you're refused, there will be nothing to appeal since you (again) clearly don't meet the program requirements.

I mentioned H&C above. This is another path but more complicated in some ways and would require separation from their mother which I guess may make it a no-go.

 

[Vitaly.Kly]

If you can get both of the children to Canada on a TRV / eTA (depending on what passport they hold), then an H&C application would be possible. They both need to be in Canada for that and would need to be prepared to remain in Canada for a couple of years while the application is processed.

Their passport is not the strongest, they would need to apply for a Tourist Visa as it doesn’t allow them to visit Canada whenever they want. That’s why I can only visit them, but they can never visit me.

 

[Vitaly.Kly]

I don't think they'll come after you for misrepresentation. However I do think the chances are going to be incredibly low since you don't meet the requirements of the pilot program. It should be a flat out refusal since you don't meet the basic requirements to sponsor. IMO this will almost certainly be a waste of time and money that won't get you the outcome you want. Assume you're refused, there will be nothing to appeal since you (again) clearly don't meet the program requirements.

I mentioned H&C above. This is another path but more complicated in some ways and would require separation from their mother which I guess may make it a no-go.

Thanks for being direct. I will most likely not try for the pilot program. Looking at it, I actually don’t meet the criteria hence enough basis for my application to be declined.

If they’ve been with their mother their whole life, then H&C is a no-go?

 

[scylla]

Their passport is not the strongest, they would need to apply for a Tourist Visa as it doesn’t allow them to visit Canada whenever they want. That’s why I can only visit them, but they can never visit me.

H&C will only be possible if they are physically in Canada. Otherwise not possible.

You can certainly give the pilot program a go if you want to feel like you've exhausted all options. But just be prepared that it will almost certainly be a refusal.

 

[scylla]

Thanks for being direct. I will most likely not try for the pilot program. Looking at it, I actually don’t meet the criteria hence enough basis for my application to be declined.

If they’ve been with their mother their whole life, then H&C is a no-go?

IMO H&C will be difficult for exactly this reason. It will be a hard sell on a few fronts.

They must also be in Canada for this to be possible (as mentioned in my earlier posts) and be prepared to be separated from their mother for a few years. Not sure how that would sit with them. And you'd have to get all of this done (i.e. get a TRV approved, get them to Canada, and the H&C application submitted) before the older one turns 22.

 

[Vitaly.Kly]

IMO H&C will be difficult for exactly this reason. It will be a hard sell on a few fronts.

They must also be in Canada for this to be possible (as mentioned in my earlier posts) and be prepared to be separated from their mother for a few years. Not sure how that would sit with them. And you'd have to get all of this done (i.e. get a TRV approved, get them to Canada, and the H&C application submitted) before the older one turns 22.

I see. Thank you for the insight. My older one would most likely not make it if I try this route. I’ll probably just let them finish their post-secondary studies and maybe down the line, with enough experience they can go to Canada through FSW or other options without me being a sponsor. I just wanted to see if there are similar cases like me, and if I can get them here through sponsorship if possible.

I’ve applied Tourist Visas for other counties with my old passport, and it wasn’t an easy process. I think being a PR of Canada at the time helped greatly. I know if they apply for a TRV here in Canada, the outcome of them being declined is high especially they’re not working yet making their strong ties to their home country weak.

 

[Vitaly.Kly]

H&C will only be possible if they are physically in Canada. Otherwise not possible.

You can certainly give the pilot program a go if you want to feel like you've exhausted all options. But just be prepared that it will almost certainly be a refusal.

Thank you. I don’t think I’ll try the pilot program. Just not meeting the criteria is enough basis for my application to be refused.