Canada Immigration Q&A – Undeclared Child Must Apply Under Humanitarian Grounds

by: Atty. Henry Moyal

Q: I entered Canada as a skilled professional over five years ago. I am a Canadian citizen now. When I applied for immigration I was single but had a child. I was not ready to bring my child so I did not include him on my application. I am now settled in Canada. Will I have a problem sponsoring my child?

A: Yes, you could face some hurdles. As you may remember, the application for permanent residence requires you to list all dependants whether accompanying you or not. It does not ask who you wish to bring to Canada. It clearly requires you to declare all children which must be medically examined. The fact that you have not declared your child upon entry constitutes a misrepresentation. As such, you fall within regulation 117 which states that your child is not considered a family member.

Accordingly, he cannot be sponsored because he is not within the family class. However, there is a window of opportunity for you to have him immigrate to Canada if you have sufficient humanitarian and compassionate reasons for not declaring him. It won’t be easy but there are documented cases that permit such children to immigrate for exceptional circumstances. In other words, the sponsor had good reason not to declare the child.


Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. If you have questions or want more information about your immigration situation, you may contact him at 416-733-3193.

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25 thoughts on “Canada Immigration Q&A – Undeclared Child Must Apply Under Humanitarian Grounds

  1. hi, im here for more than a year under LCP but i am a nurse in the phils. w/ almost 5 years of working experience. i took and pass the Canadian Registered Nurse exam last feb 4, 2009. i’ll be greatfull if you could assist me on my case . tnx more power.my cp no. 778-3191215

  2. hi my wife she is canaidan she sponsor me .. the immigration refused my sponsorship..the immigration send me mail me and my wife not live to ghater that why they refused my sponsorship..can u help me what i do now where i do appeal..

    think u

  3. Hi. I am a live-in caregiver and my contract is about to finish soon. my problem is that i have 2 illegitimate children back in the philippines that i did not include in my entry to canada due to lack of proper documentations. hopefully their papers are gonna be settled soon. can u please tell me if it is ok and still not too late to include them in my PR application after my contract. hope to hear from u ASAP. Thank you.

  4. I come across with your article filipino nurse under live-in caregiver who is eligible to apply a PR without finishing the 24 months as live-in caregiver. I am here in canada since september 2010 as live-in caregiver. I am a nurse in the Philippines and I would like to make an inquiry on how I could apply and be qualified for this new law for me to become a permanent residence and practice my profession as a nurse. For how long it will take to process the PR and what are the requirements?. Furthermore, I am separated and dont have the plan to include my ex husband in my application of my PR in the future , during my PDOS seminar I was advised to send a letter to the canadian embassy (which I did) that I am separated and to update my file so that by the time I am qualified to apply for the PR it won’t be difficult for me not to include my ex to the application and only my 3 children will be included, how possible it could be? do I need to file a divorce here?. Looking forward to hear from you . thank you very much.

    Rainelda O. Facistol

  5. good morning, i am a canadian citizen, i have an illegitimate child back in the philippines,,,, she ie registered under her mother;s name.. is it possible for me to sponsor her… tnx.. hope for your help

  6. Please help… hi! my husband and I (both Filipinos) got married here in Canada. We have not reported our marriage to the Phil Consulate (therefore we can’t get an NSO certificate yet). Will they accept our Marriage Certificate here for our PR application? thanks!!!

  7. Hi..I am live in caregiver here in canada for almost 2yrs..I am about to apply my residency this month but i have one illegitimate grandchild who was just born..which means the daughter of my daughter(my daughter is not been married to the father of my grandchild)…can i put my grandchild as a dependent along with my children even though my grandchild was not written in my entry here cananda before.
    I hope you will give time to answer my question.
    Thanks,
    Ms.Scorpio of vancouver

  8. Hi,
    I am a Nigerian train Registered nurse under the Live in Caregiver program IN Canada.I arrived Canada since May 2010 to my employer but on reaching my employer house I was surprised that they no longer needed my service as a live in Caregiver.So I was forced to seek for another employer which take me about 6 months to get.I have worked for my new employer for one year .Because I love my job as a Registered nurse and I will not be completely happy still I start my job as a nurse.So my question is am I eligible to apply as a Federal skilled worker this coming July 2012,or Can I apply under the Humanitarian or compassionate class.Please I need your kind response.Thank you.

  9. Hi

    Thanks for providing such valuable information regarding new landed immigrants in Canada. Some times new immigrants loose hope too early and give up in Canada. Its better to keep struggling and eventually they’ll succeed.

    Thanks.
    Mark.

  10. Hello

    I am a Canadian citizen and my husband is not, he does not have his PR status but does not wish me to sponsor him, instead he wanted to do Humanitarian Grounds so he got his PR on his own. Is he allowed to do so even though we are married or do I have to sponsor him?

  11. Hi, I came to Canada last year with my husband and two children as a provincial nominee. I left a 16 year old daughter (from a different father)back home whom I did not declare as my dependent thinking that doing so will affect the processing of our papers because she had a different surname (from the father). From day 1 that I left her until now, my conscience had been bothering me. I feel so guilty and it has affected my well being. Please help me.

  12. Hi,

    I am a Filipino Caregiver applying for work for Canada as live in caregiver, I have already submitted all the necessary documents to the Canadian Embassy. My question is this, I am using my father’s surname but my mother is using her maiden name, in other words, my parents are not married, my father already died few years back. Will I have a problem with the Immigration?

  13. Is it necessary to declare the father in the immigration application of an illegitimate child? The father did not acknowledge the child and abandoned them since the mother’s pregnancy. The mother is the only parent reflected in the birth certificate and all other documents pertaining to the child.

  14. Sir, If the child is unknown to the father at the time of his residency application and once he know the child after he got the PR,and if he inform this to cic, will it be a problem.

  15. Please help my friend was out of town when his commonly law wife took his three children to Canada and got married what dose he do

  16. my husband doesnt know i have an illegitimate child while applying for pr so i didnt declare the child and now were here in canada can i sponsor my illegitimate child as my husband already know about the child. his biological father dont attend to his needs and dont do his obligation on taking care of the child…… i want a good life for the child. can u help me pls!!!!

  17. Hello,

    I want to seek some advice regarding sponsoring an undeclared child.

    My husband went to Canada as a PR on 2012.. He was single that time but we already have 2 children the time the application was processed. He did not declare me as his common-law partner as well as he did not declare our child as a dependent child.

    Our child uses her father’s surname. He came home in the Philippines last year and we got married in church. Now he is about to sponsor me as his spouse in famiy sponsorship.

    Now our greatest dilemma is our child not being declared by him on his first application for PR. My question is, can I, as the principal applicant and being the mother of our child, able to declare her as a non-accompanying family member in my application or can I able declaire our kids as accompanying family member in my application?

    Please do help me because we really want to settle in Canada as one family. It is difficult in my part, being a mother that they might be left behind here in the Philippines and if I declare them as a accompanying family member that we might not able to go in canada. They are very bright kids especially our younger son who was in grade 1 he excels in the school. That they might lose there self esteem in case I wouldn’t be able to be at there side in the most crucial stage of there development especially that our children is to young. And also We are afraid that we might can’t   go in canada to settle as one family. 

    Please help us for our problem.

    Please help us what is our best thing to do please..

    Thanks.

    Help plz.

  18. The message above is like my son situation can you gave the answer for that thanks

  19. The above message is like my son situation can you give or send me please the answer thanks

  20. Hi,

    My brother who recently moved to Canada with his first family has illegitimate children back in the Phillipines that he failed to declare because that was the oldest son’s advised to him. The first family members are well aware that my brother has other children whom my brother lived with and he has two young children ages 10 and 4. My brother and his first wife separated about 20 yrs ago and he is also separated from the mother of the illegitimate children. He has 4 children left in the Philippines where two are already married.

    My question is can he sponsor the illegitimate children to join him in Canada especially the young ones once he is already settled in Canada?.

    I live in Australia and gathering informations on behalf of my brother.

    Thank you for reading this comment and thank you for any help/ advise you can offer.

  21. Hi I need some advice. My concern for now is my husband and my oldest son is in canada they are permanent resident there my husband land in canada as single with our son. then they come back here in phil and we got married now we have our youngest and he is illigitimate can my husband sponsor our youngest even if he is illigitimate but he was acknowledged by his father. Thanks! Hope someone will help me.

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