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lindimol33

Newbie
Mar 19, 2016
2
0
Hi all, I am a PR card holder from Canada and I haven't declared my daughter out of wedlock in my documents. I got married and obtained my PR. Now I'm back to my home country since I need to attend to my daughter. Could I possibly inform the CIC so that she will be listed. Please post your opinion as it's badly needed.

Many thanks,

Worried lady
 
No, you cannot. You can never sponsor her since you committed misrepresentation by not declaring her.
Edited for typo.
 
Unfortunately I agree with the comment above. You can never sponsor your daughter. It is also impossible to get her "listed" on your PR application. Your only opportunity to include her was when you yourself were sponsored for PR. It's too late now.
 
lindimol33 said:
Hi all, I am a PR card holder from Canada and I haven't declared my daughter out of wedlock in my documents. I got married and obtained my PR. Now I'm back to my home country since I need to attend to my daughter. Could I possibly inform the CIC so that she will be listed. Please post your opinion as it's badly needed.

Many thanks,

Worried lady
Not possible.

Subsection 117(9)(d) of the Immigration and Refugee Protection Regulations, states that, a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if, 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.
 
I too agree with the above posts.

There was a hint in a case last year that the Federal Court might consider H&C reasons for not fully enforcing this, but I do not recall specifics, and in particular I do not recall the ultimate outcome in that particular case -- it may have been no better than a suggestion that the law should allow some H&C exceptions, but currently does not. As in, not much on which to pin any hopes.

If you can readily afford a lawyer (not merely a consultant), you can take the particular details of the situation to the lawyer for a consultation. Most lawyers will be frank and honest as to whether there is a viable approach or not.

For context: I have seen cases in which, after becoming a PR, a father alleged he only found out about a child of his, from an earlier casual relationship, before applying for PR, and even in that situation the father was not allowed to sponsor or otherwise bring the child to Canada despite the fact the father did not have the information to provide CIC at the time of his application.

In other words, while many rules and laws often allow for some exceptions, the government tends to enforce this one (requiring all dependents be declared and examined, even if non-accompanying, otherwise they are forever barred) very strictly.
 
I wonder if she formally renounced her PR status, and then her spouse sponsored her for PR again from scratch this time including her daughter, if the ban on undeclared family members would still apply since it would be a brand new application. May be worth it to try as she would most likely end up not being able to live in Canada as a PR anyways without her daughter.
 
So why did you not declare your daughter on your PR application? The instructions are very clear on this. A family member not listed and examined at the time of your application can never be sponsored. You basically lied and told immigration that you don't have children. You can not undo that.

If immigration finds out that you have a daughter, say you try to sponsor her, they will 1) tell you that you can't and 2) possibly revoke your PR and ban you from Canada for two years for lying.

If that happened and after the fact, your husband wanted to sponsor you again, he probably would be able to but I am not sure he would be able to sponsor your daughter on that 2nd try because you both committed this misrepresentation. You did not declare your daughter and he didn't either. So I think it might still apply to both of you that your daughter can not be sponsored.
 
Unless you didn't know of her existence while you were applying, you cannot sponsor her if you initially failed to list her, even if you were not ready to bringing her to Canada, you should have listed her and paid for her medical exams.

good luck
 
gabba50 said:
Unless you didn't know of her existence while you were applying, you cannot sponsor her if you initially failed to list her, even if you were not ready to bringing her to Canada, you should have listed her and paid for her medical exams.

good luck

No dice. OP is a woman and gave birth to that daughter. So impossible she didn't know about her. And now impossible to ever sponsor that daughter.