By Attorney Henry Moyal
CANADIAN EMBASSY HAS BEEN SYMPATHETIC TO UNDECLARED CHILDREN
Q. I entered Canada as a skilled professional. I am a Canadian Citizen now. When I applied for immigration I was single but had a child. I was embarrassed to tell anyone 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. 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 and in recent months the Canadian Embassy has been sympathetic to genuine cases and has approved several from our office.
Q. I have completed over 24 months of employment as a live in caregiver. I am about to file for permanent residence. The application asks if I am married. I am separated and do not want to include my husband. How do I exclude him from the application?
A. Depending on when the deadline is to file the application and the length of separation, you may wish to investigate whether you are eligible to file for a divorce. Divorce will exclude him. If there is insufficient time, it may be best to still file the application now in order to get an open work permit faster. I suggest to consult an immigration lawyer for strategy.
Q. I am a Canadian Citizen. I married my husband a few months ago in New York. The problem is that my husband has no status in USA and we are afraid to initiate sponsorship proceedings for fear that he may be deported from the USA. How can he obtain a medical exam and police clearance if he is illegal in USA?
A. If you are married, go ahead and file the sponsorship. The Canadian government will not contact the USA government to deport him. Unless there is some sort of criminal issue, it does not work like that. Medicals and clearances can be obtained in the USA even if one does not have status but you must utilize the correct forms.
Q. I sponsored my parents to Canada over three years ago. I was earning a good income back then but I was laid off last year. I just received a letter refusing the sponsorship. Can I appeal? Do I need a lawyer?
A. Yes, you have the right to appeal the refusal on humanitarian grounds and on legal grounds. You must file the appeal within 30 days. Most people do hire a lawyer as there can be legal issues that are complex and lawyers have the experience to deal with such matters. While some do represent themselves, you will have to determine yourself if this is a matter that you can handle on your own.
Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by phone 416 733 3193 or email www.moyal.com
Subscribe to Immigration Newsweek
