Immigration Corner | I did not include my daughter in my application

Dear Miss Powell,

I live in Canada as a permanent resident. My wife sponsored me and I realise I made a mistake. When she sponsored me, I did not add my daughter to the application. Can I now sponsor the child to come to Canada?

AW

Dear AW,

A Canadian citizen or permanent resident can sponsor a dependent child provided that both you and the child are admissible to Canada and are able to satisfy the requirements of being a sponsor and applicant. However, your question is a little vague, and so my first recommendation is that you consult directly with a Canadian immigration lawyer to help you figure out the best course of action, based on the full details of your case. I will, however, provide you with some basic information to prepare you for the questions that you will need to answer during your consultation.

WHY WAS YOUR CHILD’S NAME NOT ADDED?

This is the fundamental question that you will need to answer. You cannot simply say you “made a mistake” or “I forgot” about your child. That is not credible. Did you try to hide the existence of this child from your wife and the Canadian immigration authorities? Did you tell your wife about the child, but chose to omit this information on the sponsorship application? I will not address the issue of the consequences of lying to your wife, but will focus my attention on what happens if you omitted this information on your initial application.

If you deliberately omitted this information on your sponsorship application and you misrepresented basic facts to Immigration, Refugee and Citizenship Canada (IRCC), then there are serious consequences. This may be grounds for vacation of your status as a permanent resident, and you could be the subject of a removal order.

A permanent resident or a foreign national is inadmissible to Canada for misrepresentation “for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the Immigration and Refugee Protection Act (IRPA)”.

The consequence of such misrepresentation is that you will be deemed inadmissible to Canada. In addition to being inadmissible to Canada for a period of five years, you may also be charged under the offences section of IRPA, which could then lead to a significant fine and result in a criminal record. A criminal record would result in removal and a ban from re-entering Canada.

NO KNOWLEDGE OF THE CHILD BEFORE

If you did not know of the existence of the child before now, then there may be options available to you. However, you will need to be able to prove to IRCC that you genuinely did not know about the child before you finalised your sponsorship application to come to Canada, and further present tangible proof that the child is your biological child. I cannot emphasise that there will be a high level of proof that will be required in these circumstances. You must present credible evidence of why you did not know about this child before you arrived in Canada.

Additionally, IRCC will need you to first clear the initial hurdle of qualifying as a sponsor, provide proof that you are able to care for your child in Canada without needing government assistance and undertake to be fully responsible for your child’s care and upbringing. Once you can satisfy that first step, then the next step would be to verify that your child is admissible to Canada as your dependent. Your child must be under 22 years old, or if over 22 years old, demonstrate substantial dependence on you financially before attaining the age of 22.

There may be several other issues, or options, to consider. In rare or exceptional cases, depending on the specific circumstances, there may be the option to apply for permanent residence for your child on humanitarian and compassionate grounds. I recommend that you discuss the issue with your wife and an immigration lawyer to assist you with the appropriate application.

Deidre S. Powell is a lawyer, mediator and notary public in Canada. Send your questions or comments via WhatsApp or tel: 613-695-8777. You may also request a Zoom/telephone consultation via WhatsApp, Facebook or Instagram.