Dependent Unmentioned Child

[Harman07]

Hi All,

Can anybody help me this :

Joseph from Philippine came to Canada in 2011,At that time he had ex-wife and one daughter in Philippine, and his wife had full custody of their daughter. When he made an application he did not mention any of his family member. He got married again in Canada and living with his wife. Now his daughter turn 19 , and she contact Joseph and told him she want to come Canada and want to live with his father and step mother.

Is Joseph able to sponsor her as a dependent child or not? If yes then what kind of documents they need to show from both ends?

 

[k.h.p.]

No. Since he misrepresented his family situation, he is barred from ever sponsoring her.

She must qualify on her own.

 

[Buletruck]

Because the child was not included or medically examined at the time of the application, she is no longer eligible for sponsorship. She is not considered “family” by IRCC

 

[canuck78]

If Canada knew about his previous marriage his 2nd marriage in Canada would also not be valid. Assume they didn't get it annulled.

 

[Harman07]

Ok

No. Since he misrepresented his family situation, he is barred from ever sponsoring her.

She must qualify on her own.

Ok Thanks, is she not even qualified under H & C Class ?

Does her step mother sponsor her ?
or Does Joseph adopt her? like any other way to apply for her?

 

[Harman07]

If Canada knew about his previous marriage his 2nd marriage in Canada would also not be valid. Assume they didn't get it annulled.

No He got Divorce from his first wife , before came to Canada.

 

[YVR123]

Ok


Ok Thanks, is she not even qualified under H & C Class ?

Does her step mother sponsor her ?
or Does Joseph adopt her? like any other way to apply for her?

There is no H&C ground. She is fine living with her birth mother in Philippines and can continue to live there.

A birth father cannot adopt his own daughter.
Since he didn't declare her, she is barred from being sponsored.

Step mother cannot sponsor her.

 

[21Goose]

No He got Divorce from his first wife , before came to Canada.

Ok


Ok Thanks, is she not even qualified under H & C Class ?

Does her step mother sponsor her ?
or Does Joseph adopt her? like any other way to apply for her?

The only way she can come to Canada is by qualifying on her own. Her father cannot do anything about it.

 

[canuck78]

No He got Divorce from his first wife , before came to Canada.

In the Philippines?

 

[21Goose]

In the Philippines?

Heh, one of two countries that doesn't allow for divorce...

 

[zardoz]

Heh, one of two countries that doesn't allow for divorce...

I smell "misrepresentation * 2" in the wind...

 

[k.h.p.]

I smell "misrepresentation * 2" in the wind...

Oh boy.

 

[Buletruck]

Is she in Canada? And what exceptional grounds would you use for H&C? It’s not a method to gain Permenent residence because you misrepresented yourself to begin with.

 

[Copingwithlife]

Ok


Ok Thanks, is she not even qualified under H & C Class ?

Does her step mother sponsor her ?
or Does Joseph adopt her? like any other way to apply for her?

Ok H & C is for “ exceptional “, situations, using H & C as a catch all when they can’t immigrate the proper way, or in this situation, due to not being declared by the father is mind boggling, as well as clogs up an already clogged up system, and devalues the reason theirs a H & C program in the first place ; that being for EXCEPTIONAL situations

“Humanitarian and compassionate grounds apply to people with exceptional cases. “

That’s the CIC definition of H & C, your situation doesn’t apply, but it appears misrepresentation does
So even attempting to go the H & C route would be pushing the proverbial envelope, as well opening up a potentially messy Pandora’s box in your situation
If you weren’t on the CIC’s radar before , doing the above would most certainly accomplish that

 

[Harman07]

Heh, one of two countries that doesn't allow for divorce...

Oh really! I did not even know that, Joseph provide me this information about him and i am trying to help him, but now it seems complicated for me.