Dear Miss Powell,
My husband is now a permanent resident living in Canada. He is planning to file for us, his family of three, residing in Jamaica. The problem is that my husband's name is not on our son's birth certificate. He is now 17 years old. What should I do? Will this affect the filing process?
As a permanent resident of Canada, your husband is entitled to sponsor you, his spouse, as well as any dependent children under the Family Class Category, providing that you all meet the requirements. A dependent child is defined as a son or daughter under the age of 22 who does not have a spouse or common-law partner. The fact that your husband's name is not mentioned on your son's birth certificate will mean that you will need to take steps to prove that your husband is, indeed, the father of your 17-year-old son.
I do not know the circumstances that led to your husband's name not being added to your son's birth certificate, however, some of the known reasons are that you may not have been married at the time of his birth or he was not present to sign the relevant documents for his name to be added to the birth certificate. If this was the case, there are certain steps that can be taken in order to add your husband's name now.
The first step will be for you and your husband to make an application to add the father's name to the son's birth certificate. You will need to make an Addition of Father's Particulars (Status) application to the Registrar General's Department (RGD) in Jamaica. You may visit the RGD directly or download the application from the website in Jamaica at www.rgd.gov.jm.
As your husband is resident in Canada, the application must be signed in the presence a Notary Public, Commissioner of Oath. Once this application is done and the birth certificate has been updated, the next step will be for your husband to make an application under the Family Class sponsorship.
You should also note that there are a number of requirements for your husband to be eligible as a sponsor. Your husband will need to ensure that he qualifies as a sponsor and will also be able to meet all the requirements of Citizenship and Immigration Canada. Your husband's sponsorship application will be processed by the relevant Case Processing Centre (CPC) in Canada. He will then be notified in writing by the CPC about the decision on his sponsorship application. You and your son will also need to satisfy the medical and criminal checks at a later date.
If you doubt your ability to satisfy the requirements at the RGD or need assistance with both applications, contact a lawyer who will be able to act as your representative and submit the applications on your behalf.
Best of Luck!
Deidre S. Powell is a lawyer, mediator and notary public who is a member of the Jamaican and Ontario, Canada, bars, with main office located in Ottawa, Ontario. Her areas of practice are immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to Email: firstname.lastname@example.org or Tel: 613.695.8777