Immigration Corner | Sponsoring a child discovered abroad

Dear Miss Powell,

My husband and I came to Canada six years ago as a couple. We recently visited Jamaica, and I was introduced to a six-year-old girl whose mother claimed my husband was the father. At first, I was upset, but since I do not have a child of my own, he agreed to do a DNA test. The results confirmed the child is his. Now my husband wants to sponsor this child to come to Canada. What does this mean for me? Do I need to help him with the process because we are married? I look forward to hearing from you.

Stressed Wife

Dear SW,

This is a very sensitive and emotional situation, but rest assured this situation has happened before and there is a pathway for your husband to sponsor his biological child to Canada. However, since you are married, you may also have certain roles and responsibilities in the process.

According to Immigration, Refugees and Citizenship Canada (IRCC), Canadian citizens and permanent residents may sponsor their dependent children for permanent residence. A dependent child is defined as a child under 22 years old who does not have a spouse or common-law partner. Your husband, as the biological father, may have the right to apply to sponsor his daughter, if she is not deemed inadmissible.

YOUR ROLE AS A SPOUSE

When a married person applies to sponsor a family member, their spouse may also be required to be a co-signer. That is because sponsorship is not just a family decision, it is also a financial and legal commitment. Sponsors promise to provide for the basic needs of the child, including food, clothing, housing, education, and health care not covered by public insurance.

If your husband submits the sponsorship application, you will likely be asked to sign as a co-signer. This means that you also become legally responsible for supporting the child once she arrives in Canada. If your marriage continues, your income and stability as a household will be assessed by IRCC as part of the sponsorship application.

THE UNDERTAKING

The sponsorship undertaking for a dependent child is 10 years, or until the child turns 25, whichever comes first. During that period, the government expects the sponsor, and the co-signer, to take full responsibility for the child. If the child receives social assistance during this period, the government may require repayment from both of you.

If you are not comfortable being a co-signer, your husband may still be able to apply on his own. The critical factor is that he must meet the eligibility and financial requirements on his own if he wishes to proceed without your involvement. However, immigration officers usually review the entire household’s situation, so your role as his spouse cannot be completely invisible.

EMOTIONAL AND PRACTICAL CONSIDERATIONS

This is not just a legal issue. It is a family matter that touches on trust, relationships, and future planning. Supporting a child is a lifetime commitment, and both of you should feel comfortable with the decision.

Your husband has the legal right to sponsor his child, but because you are married, you may be asked to play a significant role especially since she is very young.

This is a deeply personal issue that you will need to think carefully about. I strongly recommend that you consult directly with a Canadian immigration lawyer to guide you through the legal aspects. It may also be wise for both you and your husband to speak with a family counsellor to help you navigate the emotional and practical consequences of this decision.

Deidre S. Powell is a lawyer, mediator and author of Tell me a Story, Grandma. Contact her via www.deidrepowell.com or via WhatsApp 613-695-8777 or via Facebook.