Simple Mistake Could Lead To Family Being Kept Apart

According to this CBC article, Divina Domingo is a mother of a seven-year old boy. She is a landed immigrant in Canada, and has been trying to sponsor her son to Canada for the last three years.

Photo from CBC

Photo from CBC

But a simple mistake and a lack of knowledge about a new immigration regulation has kept them apart, causing her application to sponsor him and all of her appeals to be denied.

Why can’t this woman sponsor her son to Canada?

A new immigration regulation was implemented in 2002, which states that a family member who is not declared when you first arrive in Canada will not be able to be sponsored later. This regulation was made to deter fraud, but from January 2012 to September 2012 over 300 family sponsorship applications were denied alone because of it.
Divina was not aware of the regulation, and she failed to declare her son when she arrive in Canada and when her mother had filed the initial application to sponsor her. Her mother had come to Canada under the live-in caregiver program in the 1980s.

When the initial sponsorship application was filed by her mother, Divina became pregnant and her mother didn’t know yet.

But Citizenship and Immigration Canada says the paperwork was handled five months after the birth of her son, which could be because of years-long processing times.

Citizenship and Immigration Canada takes immigration fraud very seriously, even if it is not intentional. If you have questions about your immigration application or are considering immigrating to Canada with dependents, speak with an immigration professional such as a licensed immigration lawyer for assistance to ensure that you do not make any mistakes that could cause serious trouble later.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

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