Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Wife's Child Not Included in Sponsorship - Issue?
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roxanacanada Posts: 3
Posted On: 7/7/2015
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I am a Canadian citizen.
I sponsored my wife who lived abroad and now she is a permanent resident and lives in Canada with me.
She now wants to sponsor her 16 years old child who is a USA citizen.
I realized that I didn't mention her child in the application when sponsoring her.
I didn't do it because I was sponsoring only her at that time and not her child.
Is it going to be a problem for her?
Will she be able to sponsor her child?
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MelM Posts: 226
Posted On: 7/7/2015
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Even thought the child wasn't coming to Canada, you were obligated to include her in the sponsorship application - and the child was obligated to pass a medical. If this didn't happen - then the child can never be sponsored. Failing to declare the child has excluded her as a family member for immigration purposes.
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roxanacanada Posts: 3
Posted On: 7/8/2015
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Thank you for your response. I'd like to say that I didn't fill out the application by myself. I used some service I found in the newspaper. They helped me to fill out the sponsorship application for my wife, however they didn't put their name on it. They never told me about the requirement, and my English wasn't good enough to comprehend all details myself. I didn't realize that I had to include my wife's child from the first marriage. If I knew about this requirement I would've done it of course. I realized I made a serious mistake on my application. Is there a way to correct it? I can't believe there is no way out of this?
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MelM Posts: 226
Posted On: 7/8/2015
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Unfortunately there is really no way to correct this error now. It doesn't matter if someone completed the paperwork for you or if you did it yourself - CIC holds you responsible for validating the information is correct before submitting the application (in fact, you and your wife declared all of the information was accurate by signing the forms). Again, unfortunately the failure to declare her daughter means she can never be sponsored. The additional complication is that your wife committed misrepresentation (i.e. lying in her application) by failing to include her daughter. CIC has the authority to revoke PR status in cases where misrepresentation has occured. Having said that, I think this is extremely unlikely to happen in your wife's case.
A Humanitarian & Compassionate application could be an option for trying to bring her daughter to Canada. There would have to be extremely strong reasons why the daughter has to come to Canada now and why she wasn't declared the first time ("the consultant did it" generally isn't accepted as a valid excuse) - and even if you do have strong arguments, approval is very very far from guaranteed. Proceeding with an H&C application will also shine a light on the fact that your wife committed misrepresentation in her application by failing to include her daughter. This will introduce some risk that CIC may seek to revoke her PR status (although again, I think the chances of this are extremely low). If you decide to go the H&C route - I would recommend that you hire a very experienced immigration lawyer.
It's really difficult to know what to say or recommend. Failure to declare a dependent is very final.
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roxanacanada Posts: 3
Posted On: 7/9/2015
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Thank you very much for your detailed explanation. I greatly appreciate your help.
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