Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Children in Common - How To Prove?
ikulen Posts: 7
Posted On: 1/26/2015
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Hi! My situation is as follows (sorry for lengthy content):
I landed in Canada in Y2006 bringing my family (recently PR).
By Y2007 I separated and had relationships with another women and have two kids in common with her (written in Birth Certificate on her surename and with my middle name): born YY2007 and 2010.
Got divorsed with my ex-wife only in 2014 and started to sponsor my recent wife with kids.
Got approval as a sponsor in Aug 2014. This week my wife (as an Applicant) received a request from Canada Embassy to provide additional confirmations of our cohabitation and explanation: why kids are not on my surname.
We are going to submit, besides requested explanations - DNA analysis proving that am a father.
Need your advise: if it helps in our situation?
Thans in advance.
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Moderator Moderator Posts: 4142
Posted On: 1/27/2015
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Hello,
Thank you for sharing your situation and question with us.
You can find some helpful information in the CIC OP 2 Processing Members of the Family Class - Operations Manual. Here is an excerpt,
5.15. Establishing identity and relationship
Members of the family class must prove their relationship to their sponsor and to their family members.
The onus is on the applicant to provide evidence of their identity and relationships to their sponsor and accompanying family members. Applicants must answer questions truthfully and provide any documents necessary to establish that they are not inadmissible [A16(1)].
An applicant, who cannot provide satisfactory documentary evidence of a relationship, has the option to undergo DNA testing. DNA testing involves the comparison of DNA profiles extracted from blood samples taken from persons claiming to be a biological father, mother or child(ren).
If properly conducted, the test is considered a highly reliable means to verify a claimed relationship. This test is commercially available. (See OP 1 for more information on DNA testing.)
You can also find some additional information in the CIC OP 1 Procedures - Operations Manual. Here is an excerpt,
5.9. DNA test for relationship
Citizenship and Immigration Canada (CIC) accepts DNA test results as proof of parent/child and sibling relationships. The test compares DNA profiles extracted from genetic material taken from persons claiming to be father, mother, children or siblings.
Regarding the process, the CIC OP 1 Procedures - Operations Manual states,
14. Procedure: DNA testing
Parentage tests should, whenever possible, involve samples of genetic material from both parents and from the child(ren). If there is no possibility of obtaining samples from both parents, tests of samples from one parent (either father or mother) and the child(ren) are acceptable.
The laboratories listed in Appendix E will forward a tamper-proof sampling kit (including instructions) to the client or the visa office (depending on the preference of the visa office). Some visa offices stockpile kits and distribute them on notification from the listed laboratory. The kit is self-contained with everything necessary to take, pack and ship a sample. It also includes instructions for applicants and visa office staff witnessing sample taking. Following these instructions ensures the reliability of results from the sample.
Officers are responsible for assuring local sample taking arrangements are tamper-proof.
Immigration medical officers will identify suitable laboratories or itinerant medical personnel able and willing to take samples.
The following steps must be followed when samples for DNA testing are taken:
- Provide clients with the names and addresses of the laboratories listed in Appendix E. Applicants, their sponsors or representatives are responsible for choosing a laboratory.
- Inform applicants of when and where they must give a sample. Applicants must provide two recent photos (passport size and quality). The photos form part of the documentation shipped with the sample blood.
- Applicants must also present documents to establish the identity they claim.
- An officer or other visa office official who has to be present when the sample is collected must:
- ensure the person giving the sample is the applicant and the person identified in the sampling kit; - verify that the sample kit has not been tampered with and complete the chain of custody documents for the sample (or witness their completion); - package the sample and documentation according to instructions in the kit; - forward the package to the laboratory by the fastest, most reliable means possible.
Ideally, no more than seven (7) days should elapse between the sample taking and receipt by the laboratory. Normally, private courier services, paid by the applicant, can deliver samples within this deadline.
You may want to contact the the Citizenship and Immigration Canada (CIC) Call Centre directly for some additional information specific to your own 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.
===== Anna Settlement.Org Content and Information/Referral Specialist, CIRS Settlement.Org
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