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.
Pingback: Canada Immigration Tips, Information And Answers
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
hoping to hear from you as soon as possible tnx..
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
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.
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
Pingback: Filipina Caregivers With Nursing Degree Apply As Immigrant Now! : Canada Immigration And Residency Tips, Information And Answers
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
Pingback: Immigration To Canada Requirements | Sponsor Spouse To Canada | Canada Immigration And Residency Tips, Information And Answers
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!!!
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
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.