Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Undeclared Son - Options?
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Phentots07 Posts: 2
Posted On: 1/22/2015
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I just dont know what to do. My husband did not delcared our son.
He landed in canda last june 2015. Our son is two years old last september 2015.
Her mother petition him.
We are not yet married but we are planning to get a cicil wedding this december 2016.
Can anyone advise me how can we go there? Any opinions will be highly appreciated.
Phen
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Moderator Moderator Posts: 4075
Posted On: 1/27/2015
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Hello Phen,
Thank you for sharing your situation with us.
This is a very complicated situation.
Unfortunately, there are serious consequences for not declaring a non-accompanying member of the family class.
Page 11 (5.10 and 5.11) of the Overseas Processing Manual – Processing Members of the Family Class states the following:
Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5 below) and “Misrepresentation” (section 5.22 below)]. In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.
All family members, whether accompanying the principal applicant or not, are required to be examined unless an officer decides otherwise. Normally, an inadmissible family member, whether accompanying or not, would render the principal applicant inadmissible.
The most important statement here is: "Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies."
R117(9)(d) states that “A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if (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.”
It is important that you or your husband contact a lawyer who is familiar with Canadian immigration applications and laws for some information and clarification regarding this situation.
Before contacting a lawyer, you may also want to try and contact the Citizenship and Immigration Canada (CIC) Call Centre directly to see if they can help you by providing some additional information and clarification regarding this situation.
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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