Yesterday, an individual called wanting to know if the fact that she was pregnant would guarantee a successful H&C application because of the duty to consider the “best interests of the child.” The father is Canadian.
Spousal Sponsor is Pregnant with Someone Else’s Child
When someone sponsors their spouse or common-law partner to immigrate to Canada, it can often be difficult to determine how detailed one’s application should be. Should one include every aspect of their relationship history, including marital difficulties? What about instances of fidelity? Several Federal Court of Canada decisions involving cases of alleged misrepresentation against applicants offer guidance on this topic. In Chen v. Canada (Public Safety and Emergency Preparedness), 2010 FC 584),(“Chen“), Mr. Chen, a Chinese citizen, married Ms. Zou, a Canadian permanent resident. Ms. Zou then sponsored Mr. Chen for permanent residence. While Mr. Chen’s application was in processing, a friend told him that his wife had been seen “in the company” of another man in Toronto. When Mr. Chen arrived in Canada, he discovered that his wife pregnant with another man’s child. According to Justice Harrington, Mr. Chen was willing to forgive his wife, and asked her to get an abortion. She refused. On many occasions she made sexual overtures to him but he was both unwilling and unable to perform. Ms. Chen “taunted Ms. Zou’s lack of manhood.” As one would expect, the marriage shortly dissolved thereafter. After the divorce, Mr. Chen married an old flame in … Read More