Family Sponsorship

[ryzatiukinhoy]

My husband-to-be is in Canada right now. He is a permanent resident already. His mother applied for family sponsorship, approved and flew in Canada together with his father and brother last September 2017.

During their application, we are not living together and not yet married and we had a child which is 1 year old now. My son is using my surname, and now, we actually have a good relationship with him and he's the one providing our needs as what most fathers do.

We are planning to get married next year. He wants to change my child's surname into his surname. I'd like to seek for advice on what is the best thing we can do so that he could sponsor us both.

Should we change my son's surname into his surname? Should we process the affidavit of paternity? or should he adopt my son?

What will we do in order to easily approved the family sponsorship application?

 

[zardoz]

My husband-to-be is in Canada right now. He is a permanent resident already. His mother applied for family sponsorship, approved and flew in Canada together with his father and brother last September 2017.

During their application, we are not living together and not yet married and we had a child which is 1 year old now. My son is using my surname, and now, we actually have a good relationship with him and he's the one providing our needs as what most fathers do.

We are planning to get married next year. He wants to change my child's surname into his surname. I'd like to seek for advice on what is the best thing we can do so that he could sponsor us both.

Should we change my son's surname into his surname? Should we process the affidavit of paternity? or should he adopt my son?

What will we do in order to easily approved the family sponsorship application?

Very important question first. Was the child born BEFORE your husband actually landed as a PR? If so, was the child examined as part of your husband's application?

 

[jordo]

Very important question first. Was the child born BEFORE your husband actually landed as a PR? If so, was the child examined as part of your husband's application?

The father landed in Sept 2017. Child is 1 year old now. (Feb 2017?)
Assuming the child was declared as a non-accompanying dependent and did a medical, the child may only need a new medical if the previous one has expired.

Although I'm no expert... .isn't there a complication if the father himself is a dependent in his mother's PR app?

 

[ryzatiukinhoy]

Very important question first. Was the child born BEFORE your husband actually landed as a PR? If so, was the child examined as part of your husband's application?

Yes, the child was born May 18, 2016..

 

[ryzatiukinhoy]

The father landed in Sept 2017. Child is 1 year old now. (Feb 2017?)
Assuming the child was declared as a non-accompanying dependent and did a medical, the child may only need a new medical if the previous one has expired.

Although I'm no expert... .isn't there a complication if the father himself is a dependent in his mother's PR app?

Yes this child was born May 18, 2016. He did not declared my child. My question is my husband to be wants the surname of our child change to his surname. Is it okay?

 

[mikeymyke]

Yes this child was born May 18, 2016. He did not declared my child. My question is my husband to be wants the surname of our child change to his surname. Is it okay?

Why didnt he declare? This is going to be very bad, as the child can never be sponsored

 

[ryzatiukinhoy]

Why didnt he declare?

He is young and dont know the process.. he agreed all his mother's decision. His mother is in canada so we thought she knows the best.

 

[Miraclejj]

Yes this child was born May 18, 2016. He did not declared my child. My question is my husband to be wants the surname of our child change to his surname. Is it okay?

Then you are in a very serious problem. Since your husband didn't declare your child, your child has been excluded as your family member and your husband can no longer sponsor your child forever. Also, there might be possible to put his PR status in question, if CIC launches an investigation against him on the ground of misrepresentation

 

[jordo]

Why didnt he declare?

He seems to be a dependent and his mother seems to be the PA in the application.

If he is a dependent and has a dependent (PA is a grandparent), does that that mean he really wasn't a qualified dependent in his mother's PR app??

 

[Miraclejj]

He is young and dont know the process.. he agreed all his mother's decision. His mother is in canada so we thought she knows the best.

It really does no matter now. It is unfortunate that this isn't an valid reason that CIC will take into consideration

 

[Miraclejj]

He seems to be a dependent and his mother seems to be the PA in the application.

If he is a dependent and has a dependent (PA is a grandparent), does that that mean he really wasn't a qualified dependent in his mother's PR app??

I don't think so. The only way that will disqualify him as his mother's dependent is either he is in common law or married or over the age cut off line when his mother applied to immigrate to Canada.
But other senior member can correct me, if I am wrong.

 

[ryzatiukinhoy]

Then you are in a very serious problem. Since your husband didn't declare your child, your child has been excluded as your family member and your husband can no longer sponsor your child forever. Also, there might be possible to put his PR status in question, if CIC launches an investigation against him on the ground of misrepresentation

But the surname of my child is in me. So we are thinking whats the best should he adopt my child or issue an affidavit of paternity?

 

[ryzatiukinhoy]

Then you are in a very serious problem. Since your husband didn't declare your child, your child has been excluded as your family member and your husband can no longer sponsor your child forever. Also, there might be possible to put his PR status in question, if CIC launches an investigation against him on the ground of misrepresentation

Or stick to my surname

 

[mikeymyke]

Senior members can chime in, but there's really no reason for him to not declare his child, even if the intention was to gain PR fraudulently. His mom is sponsoring her son (dependent child), thus there's no income requirement that increases with family size like with parent sponsorship, the only way the son would be inelgible dependent is if he got married, over the age limit, or was common law (which doesnt seem to be the case), and there's no barrier for the child to become PR after being declared

 

[Miraclejj]

But the surname of my child is in me. So we are thinking whats the best should he adopt my child or issue an affidavit of paternity?

Don't think that you can out smart CIC, the adoption route won't work. Even you submit your application, the CIC will ask you to do a DNA test, if you cannot provide a proof to prove who the child's father is.