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.

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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 or visit www.moyal.com