Spouse denied sponsorship for birth daughter

[Jen77]

So this is the situation. My common law spouse was sponsored to Canada in 2004. He got his PR card however while in the process of applying for his pr he had added hai child who is now 11. Well unfortunately he was unable to find the mother of his child in his country. At the time cic give him 6 months to find the mother. After six months cic said he had to remove his daughter however he could add her later.Fast forward him and his wife separated in 2008 and are now divorced. Anyways in 2014 we applied to sponsor her because 1st he wants his daughter here and second he is being taken care of by a great grandmother who is very old. The child has to cook, clean, wash and iron her clothes by herself so basically she does everything by herself. We send money to his sister to give to her for food and rides to school but we are not even sure if she goes to school half the time. Anyways we were denied to sponsor here to Canada. Unfortunately we got upset and didn't continue reading the letter thinking oh no she's never coming to Canada, we basically didn't know we had 30 days to refile with possible humanitarian reasons. We spoke to legal aid and they asked us to get my spouse's file and the notes from cic. We requested this by vos which we were told to do by cic and paid $30 and had to wait 6 months which bring us to the October, we got a letter from cic but it was not what we were looking for. So this time we spoke to a refugee lawyer and she said to get the files for both him and his daughter ask through the privacy information act. Did that online and was told she would have to apply for herself. Wow she's 11 I explained this to cic vi the email they sent me. Anyways we waited for more info and nothing . So now we want to reapply but we are scared we will be denied. Should we reapply and if denied apply with humanitarian reasons? I heard that application is very hard. We don't have thousands to get a lawyer to help us. Any suggestions or help is welcomed. By the way we got a letter from the mother signed and stamped by jp stating she gives up her parental rights and my spouse will be getting a letter motorized within the week stating why he never appealed , what he was told by the original cic officer and why he wants his daughter her

 

[scylla]

To the best of my knowledge you can only apply under H&C directly if she is physically in Canada. Is she physically in Canada?

If she is not in Canada, then I think you would have to reapply to sponsor her (as you did before) and then when the application is refused again, appeal requesting H&C consideration.

This is not a "do it yourself" case. You should hire a good immigration lawyer if you want any chance of success.

 

[Jen77]

Ok thank you so much

 

[PMM]

Hi

To the best of my knowledge you can only apply under H&C directly if she is physically in Canada. Is she physically in Canada?

If she is not in Canada, then I think you would have to reapply to sponsor her (as you did before) and then when the application is refused again, appeal requesting H&C consideration.

This is not a "do it yourself" case. You should hire a good immigration lawyer if you want any chance of success.

1. No that would not work, as the child would be found not to be a member of the family class, the IAD cannot consider H.& C. as they would not have jurisdiction to hear the case.
2. The H.& C application under 25.1 should be submitted to the overseas visa office. http://www.cic.gc.ca/english/resources/tools/perm/hc/processing/hardship.asp and http://www.cic.gc.ca/english/resources/tools/perm/hc/intake.asp

 

[canadianwoman]

Do you have proof the visa officer told the father he had to remove the child from the application but could add her later? If you do, this will help.

 

[Jen77]

1. No that would not work, as the child would be found not to be a member of the family class, the IAD cannot consider H.& C. as they would not have jurisdiction to hear the case.
2. The H.& C application under 25.1 should be submitted to the overseas visa office.



I will have to look into this