Undecleared children

[pavin24]

I have 3 children when the application was under processing in Federal Skilled Migrant Program.
I did not know about the existence of my third child at this time. So i informed the remaining two children though both were seperated from me by their parents. I have to give declaration that i cannot sponsor them in the future.
Once I landed canada in 2011, a filipina girl who met me in 2009 informed me about my child born to her. This is around 40 days after my landing.
I informed to CIC immediately and left Canada to see my child. Then I stayed with this girl for 14 months. We got a new child and I informed her birth once born.
As I have no PR card, I applied for a Permanent resident travel document to come Canada back. In this application also, I have given the information of all the 4 children. this happened in 2012.
I came Canada last year and completed the first year of my master degree with student loan and doing the second year of studies. I got PR card also.
My girlfriend [common law spouse] applied two times canada visit visa application with chidlren wih my invitation letter. It was denied but now all have client numbers. In so many ways, these children were informed to CIC after my landing in canada.
If I sponosor my family, will it affect my PR status. Now CIC has record about me , my common law partner, the last two children.
Also if my girl friend apply, work permit or student permit will it be possible for the children to get dependent visa of her.

 

[amikety]

If you are in Canada since last year, you are no longer common-law.

As far as your third child, you will need to show very strong proof you had no idea about this child's existence to have a chance. It's very possible CIC will determine the child is inadmissible as a member of Family Class regardless. If the child is determined to be inadmissible, the entire application will be denied.

In your case, contacting an experience lawyer - someone that has handled inadmissible family members - is a good idea.

 

[computergeek]

Actually, not knowing about the existence of your child does not change the fact that it is a statutory requirement that the child be declared and examined. This issue has been dealt with in Court repeatedly and the case law is clear: a failure to examine (except by visa office's choice) is a bar to family sponsorship. Thus, your child is not a member of the family class and cannot be sponsored by you.

Further, because your minor child is inadmissible (because he or she is not a member of the family class), your partner and youngest child are possibly inadmissible under IRPA Section 42 (that's my reading of how case law is interpreted in these cases).

Thus, it seems to me that your only option will be to file an H&C application. In that process, you will be requesting exemption from IRPR 117(9)(d) and IRPA 42. I do think you have a good shot at being successful as there doesn't appear to be any misrepresentation here and in your specific case there is a strong argument on H&C grounds.

Because there does not appear to be any misrepresentation, I don't see how it will impact your own PR status. Even in egregious cases CIC seldom goes after PRs.

I agree with amikety: find a good lawyer. In fact, I'd suggest doing some research at canlii.org - search for "117(9)(d)" and find attorneys who have successfully argued such cases.

If you cannot afford an attorney, then you should start reading up on H&C applications and get one filed sooner, rather than later. You'll also need to resolve the relationship status issue with your partner. Given the circumstances (that you've been trying to get them to Canada) I think you have an argument your common-law status has not lapsed, but it's just an argument - I can see an officer reaching the opposite conclusion as well, depending upon the evidence you provide that the relationship is ongoing. You may find that being married will simplify the relationship issue.

Good luck.