Statutory Declaration

Old Feb 18th 2011, 5:15 am
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Default Statutory Declaration

Hi folks,

I could do with some advice so any help greatly appreciated!!

To cut a long story short my Canadian wife is in the process of sponsoring me and we aim to move to Canada in August of this year!
We both live in the UK and Where I have a son who resides with his mother!
We are not taking my son to live with us in Canada he will continue to live with his mother here in the UK but make lots of visits to see us and vice versa!!

After speaking to my Client services manager (Immigration consultant) she told me that I needed to complete a Statutory declaration witnessed by a solicitor stating that my son will not be coming to Canada with us and that he will in fact be staying in the UK with his mother!

Ok so that's simple I thought, but from speaking to other people and my Immigration consultant who cant actually answer my question I got confused!! I wanted to know that if in the future I wanted to sponsor my son we would be able to should he want to come to Canada??

But I have been told that because I have signed this declaration and I have not put my son on my current application this could pose to be tricky for future sponsorship!

I have asked my consultant to look into this and still nothing, I have searched and not found anything! I thought that if and when I become a Canadian citizen I would be able to sponsor my son regardless of any declaration made??

Any advice welcomed and very much appreciated....

Thanks Jack....
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Old Feb 18th 2011, 5:18 am
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Default Re: Statutory Declaration

How old is your son? If you want to sponsor him at a later date, then my understanding is that he must be on your application forms and must have a medical.

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Old Feb 18th 2011, 5:25 am
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Default Re: Statutory Declaration

Originally Posted by christmasoompa
How old is your son? If you want to sponsor him at a later date, then my understanding is that he must be on your application forms and must have a medical.

Hi

My son is eight years old, The immigration consultant told me that I would be able to put him onto my current application which would entail a medical but then he would have to take up residency with us in Canada within the first year after he received his visa!! I Explained that he would not be moving in the first year for sure but maybe in the future when he is older may well want to come!!

Confused.com

Cheers J
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Old Feb 18th 2011, 5:28 am
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Default Re: Statutory Declaration

Hi

Originally Posted by Jack333
Hi

My son is eight years old, The immigration consultant told me that I would be able to put him onto my current application which would entail a medical but then he would have to take up residency with us in Canada within the first year after he received his visa!! I Explained that he would not be moving in the first year for sure but maybe in the future when he is older may well want to come!!

Confused.com

Cheers J
Another one who has a consultant who doesn't know what they are talking about. If your son is medically examined, he can be sponsored up to the age of 22 as long as he remains a dependent, i.e. not married, not in c/law relationship. He doesn't have to emigrate in the year after the medical.
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Old Feb 18th 2011, 5:33 am
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Default Re: Statutory Declaration

Originally Posted by PMM
Hi



Another one who has a consultant who doesn't know what they are talking about. If your son is medically examined, he can be sponsored up to the age of 22 as long as he remains a dependent, i.e. not married, not in c/law relationship. He doesn't have to emigrate in the year after the medical.
It certainly appears that way! Thanks very much for your advice so from what you are telling me, I will in the future be able to sponsor my son as long as he is medically examined and still a dependent?

Do I need to put him on my current application?? or as and when he decides to come to Canada??

Many Thanks...

Jack
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Old Feb 18th 2011, 6:02 am
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Default Re: Statutory Declaration

Originally Posted by Jack333
It certainly appears that way! Thanks very much for your advice so from what you are telling me, I will in the future be able to sponsor my son as long as he is medically examined and still a dependent?

Do I need to put him on my current application?? or as and when he decides to come to Canada??

Many Thanks...

Jack
He needs to be added onto your current application and I think you need to give your immigration consultant a kick up the bum!

As long as he is added onto your application now and medically examined - you are able to sponsor him up to the point he is no longer dependent.
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Old Feb 18th 2011, 6:22 am
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Default Re: Statutory Declaration

Originally Posted by AmyDavid
He needs to be added onto your current application and I think you need to give your immigration consultant a kick up the bum!

As long as he is added onto your application now and medically examined - you are able to sponsor him up to the point he is no longer dependent.
Hi

Oh I need to give um a kick at the very least!!
I have left a message for my consultant to call me ASAP and if its the case that I add my son to our application and take him for his medical then fantastic!!

My only concern is that the advice I was given was that, yes I can add him to our application but unless he takes up residency with us in Canada within the first year of his visa he will loose his entitlement!! He may well never come to live with me but should he want to at 16 or whatever, as long as he is still a dependent I want him to be able to have the choice...

Thanks Again Jack
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Old Feb 18th 2011, 8:13 am
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Default Re: Statutory Declaration

If you apply for PR for him and he gets a visa , if he doesn't use it within the validity of it ( usually less than a year slightly) he will loose that visa.

As long as he has a medical then there is no reason he cannot apply again. Up until he stops being a dependent

If he doesn't have the medical than you can't sponsor him , ever.
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Old Feb 18th 2011, 9:00 pm
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Default Re: Statutory Declaration

I am a bit confused..... what happens after the age of 22?

If they are included on your application as non accompanying and they undergo a medical, you can sponsor them up to the age of 22. The bit I am confused about is, can you not sponsor them as your son/daughter after the age of 22 as a Family Class applicant? What is the difference?

My other understanding is that if they don't have a medical as part of your application you can NEVER sponsor them whatever their age?
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Old Feb 18th 2011, 10:50 pm
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Default Re: Statutory Declaration

Originally Posted by Rubie
I am a bit confused..... what happens after the age of 22?

If they are included on your application as non accompanying and they undergo a medical, you can sponsor them up to the age of 22. The bit I am confused about is, can you not sponsor them as your son/daughter after the age of 22 as a Family Class applicant? What is the difference?

My other understanding is that if they don't have a medical as part of your application you can NEVER sponsor them whatever their age?
Hi

I don't actually know what happens after the age of 22, and From what it sounds like if I don't include my son on my application I wont be able to sponsor him in the future EVER??

But If my son goes and has his medical next week say, he will only be 8 years old!! He may well decide not to come to Canada until he is 16!! Does the medical that he had at the age of 8 stay current until the age of 22??

Cheers Jack
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Old Feb 19th 2011, 2:19 am
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Default Re: Statutory Declaration

Originally Posted by Jack333
Hi

I don't actually know what happens after the age of 22, and From what it sounds like if I don't include my son on my application I wont be able to sponsor him in the future EVER??

But If my son goes and has his medical next week say, he will only be 8 years old!! He may well decide not to come to Canada until he is 16!! Does the medical that he had at the age of 8 stay current until the age of 22??

Cheers Jack
Hi Jack

I don't think the medical is valid after 12 months and he would have to undergo another, however I believe that the Excessive Demand element of any medical conditions found does not count.

In your scenario, I would not sign the declaration and I would have your son have a medical as then you will always have the option of sponsoring him in the future.

it is my understanding that if you don't have him medically examined at this point in time and sign a declaration stating that he is not being examined and you understand that this means you won't be able to sponsor him in the future, then no, you will never be able to sponsor him. Please see section 5.12 of :

http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf

I think this is mainly to cover scenarios where, say, something happens to the other parent which means your son HAS to come live with you. If you have him examined now this will be no problem, however, should you not have him examined now, you will have signed away any right to sponsor him as his parent and so you will have to move back to the UK to look after him.

I still don't know what the difference is regarding the difference between pre/post 22 where you have had him examined as part of your application now. Maybe someone will come along with more help.
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Old Feb 19th 2011, 6:28 am
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Default Re: Statutory Declaration

Originally Posted by Rubie
The bit I am confused about is, can you not sponsor them as your son/daughter after the age of 22 as a Family Class applicant? What is the difference?
The difference is that children over the age of 22 are not normally eligible to be sponsored - only 'dependent children' (i.e. those aged 22 or under, unless they are disabled etc) can be sponsored.

After 22, there is normally no way for them to be sponsored as they are not an eligible family member, even if they've been included on an application previously.

HTH.
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Old Feb 19th 2011, 7:09 am
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Default Re: Statutory Declaration

Originally Posted by christmasoompa
The difference is that children over the age of 22 are not normally eligible to be sponsored - only 'dependent children' (i.e. those aged 22 or under, unless they are disabled etc) can be sponsored.

After 22, there is normally no way for them to be sponsored as they are not an eligible family member, even if they've been included on an application previously.

HTH.
Thank you for clarifying.

I thought you could sponsor all kinds of family members but having just read your post I looked it up on the cic wesite and there you go - adult 'children' cannot be sponsored.

Also, I was surprised to find out that you can't sponsor siblngs either.
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Old Feb 19th 2011, 9:23 am
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Default Re: Statutory Declaration

A child over the age of 22 can be sponsored for PR provided they have been in continuous full time education since before the age of 22, and continue to be so until the issuance of the PR visa.

Your son needs to be put down on your current application as a non-accompanying dependant. He will need to be medically examined to comply with legislation and be eligible for later sponsorship for PR.

When or if he decides that he would like to come to Canada as a PR, provided he is either under 22 at the time of application or in full time education, then you would make an application to sponsor him. He would then undergo another medical, background checks, police checks and etc.

A dependant childs' age is locked in to the date that the application for PR is received by CIC, thus should you apply to sponsor him at age 21 and 11 months he would be locked into that age until he is approved and issued a PR visa, regardless of how long it took to process.

Hope that helps to clarify things.

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Old Feb 19th 2011, 10:06 am
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Default Re: Statutory Declaration

Hi guys

Thank you all very much for the help and advice!! I'm now clear in what I have to do.....

I started to panic when I read that I would not be able to sponsor my son if he was not added to my current application.
I'm actually really cross because my consultant who has been paid a considerable amount of money to take care of everything failed to notice this!!

Had I gone ahead with the application as it was I would not have been able to sponsor my son in the future!!

But now all I do is put him on my application as a non accompanying and have his medical checks done, So then at least in the future the option for sponsorship is available.

Will be on the case first thing Monday morning!!

Thanks everybody for the very helpful information, without it My son and I may well have been screwed!!
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