Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Sponsorship - Failure to Disclose Dependent
|
Seacity Posts: 3
Posted On: 2/10/2016
|
Family of 5, parents and 3 children. Second child was lost right after birth. Family became PR with a size of 4, without declaring the lost one as non-accompanying family member. As a matter of fact, the parents have no information at all about the lost child. The child does not have a name known to the parents. And the parents did not know if the child is still alive or not when their PR application was filed and was approved. After becoming PR, the parents searched the child again after 14 years and found the child was adopted by a family after birth near their hometown. 4 years later, they decided to sponsor the child before the child passing the age deadline. However, the sponsorship was declined due to failure in declaring the dependent. Now the child has been over the age of 19.
What are possible solutions for this family to reunion in Canada? Is there any other ground that can get around of the requirement on the eligibility of sponsorship because the parents has no information at all about the child? Please help the family!
Brian
|
|
|
link
|
|
MelM Posts: 226
Posted On: 2/11/2016
|
The child is now an adult and would have to qualify and apply for PR independently through an economic class like Express Entry / Federal Skilled Worker or one of the Provincial Nomination streams.
|
|
|
link
|
|
Seacity Posts: 3
Posted On: 2/24/2016
|
The application for sponsorship was filed and received by CPC-M before the child reaching 19. The child was excluded from the member of the family class pursuant to s. 117(9)(d). However, I want to argue that the applicant did not have any information when becoming a PR of Canada, how can he disclose any information for someone he had no information at all, or not even know whether this child still alive. this seems to be an appeal to IAD or judicial review for the decision. Any suggestions?
The child is now an adult and would have to qualify and apply for PR independently through an economic class like Express Entry / Federal Skilled Worker or one of the Provincial Nomination streams.
Brian
|
|
|
link
|
|
MelM Posts: 226
Posted On: 2/25/2016
|
If you want to pursue this and have any chance of success, I would very strongly recommend you hire a good immigration lawyer with experience in these types of appeals. You should budget $5K+ for these services. Good luck.
|
|
|
link
|
|
PMM Posts: 661
Posted On: 2/25/2016
|
Hi
If you want to pursue this and have any chance of success, I would very strongly recommend you hire a good immigration lawyer with experience in these types of appeals. You should budget $5K+ for these services. Good luck.
1. Two things that the OPS should keep in mind, it doesn't matter if they didn't know where the child was, they knew they had a child, so there is no chance in an appeal of overcoming 179. Also they say the child was ADOPTED, so the child is no longer part of their family.
PMM
|
|
|
link
|