Your gateway to Canada

Immigration Newsweek

By Atty. Henry Moyal

1. I arrived in Canada as a permanent resident of Canada. I was married to a Canadian Citizen who was living at the time in the Philippines.

Before I met by current husband I had a child with my old boyfriend. I never married that boyfriend and I was ashamed that I had a child out of wedlock. The child was being raised by the child’s paternal grandmother and I did not tell my husband about my child until recently. For obvious reasons, I did not declare that child on the sponsorship application. I was afraid that my husband would be upset and I figured that the child is living with the grandmother so why declare the child when it would not benefit me. I just received news that the grandmother is very ill. I now want to sponsor my child. Can I? Does the new program help me?

A.The law requires you to declare all family members whether accompanying or not. All applicants are expected to tell the truth regardless of whether it is beneficial or not. As you may have heard, the new “undeclared children” program that just started is now underway and in full force. It is exactly for the type of application you describe so it seems that you will be able to bring your child to Canada as long as the child is under 22 years of age and single.

1. I’m applying under the new Home Child Care Provider Pilot program. I have sufficient work in Canada but the guide is very confusing especially regarding funds required.

Do I need to provide any specific financial or income requirements before I can be approved for permanent residence?

Second, I do not have a bachelor degree and my educational assessment (ECA) is in process. What is the law on that educational level requirement?

1.  There is no specific proof of settlement funds eligibility requirement under the new Home Support Worker or Home Child Care Provider pilots.

However, all applicants for permanent residence are subject to a financial admissibility requirement, including caregivers. Under the Home Child Care Provider and Home Support Worker pilots the financial admissibility assessment is completed as part of the pre-assessment to permanent residence, before caregivers come to Canada. That being said, caregivers must continue to meet all admissibility requirements, including the financial admissibility requirement, at the time permanent residence is issued.

For your question on education, in order to qualify, the ECA report must show that your foreign education credential is equivalent to a Canadian educational credential of at least one year of post-secondary studies. Only completed foreign education credentials can count towards meeting this requirement.

1. I have worked in Canada for over one year after studying at a college in Toronto. I have been approved under express entry and I have been given 60 days to submit my application. Can I obtain an extension of time? I do not think I will be able to obtain the required documents on time? If no, what should I do?

1. There is no mechanism to ask for an extension of time. You can either upload an explanation letter or decline the invitation to apply (ITA). You have not mentioned your score. If your score is really high and will be selected in next draw anyway, you should consider to decline ITA and re-enter pool once you do have the documents.

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 email canada@moyal.com  or call 416 733 3193