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QUESTION: I worked with my employer for 11 months since I arrived in Canada under the LCP (Live-in Caregiver Program) in June 20, 2009.
I am now separated from my husband and our children, ages 6 and 8 years old. They live with him in my country of origin.
My husband has informed me that he will not allow our children to travel to Canada to be reunited with me because he was the one who has been providing care for them since I left to work overseas 5 years ago.
Is it possible to not include my children in my application for permanent residence and sponsor them later when they are adults and can decide for themselves?
ANSWER: Yes, you can choose to not include your dependent children in your application for permanent residence now but you have to declare them.
They will not be processed for permanent residence but they will be required to undergo medical checkup and maybe asked to submit some documents as proof of your relationship to them.
However, if you do not declare your children in your application, you will not be able to sponsor them in the future. According to CIC regulation: ‘anybody who was not declared and did not comply with the requirements as a dependent or family member by principal applicant during his/her application for permanent residence cannot be sponsored in the future’.
You may want to talk with your husband and try to convince him to allow your children to comply with requirements of the Canadian Visa office in your country of origin.
You could explain that if your children come to Canada under your sponsorship, that your children could sponsor him as a parent in the future.
If your husband does allow your children to undergo processing, this could cause delay in your approval for permanent residence.
For more detailed information and options, please make an appointment to see a Settlement Counsellor at Caregiver’s Connections Education and Support Organization. Call 416-656-5778.