Ottawa

Ottawa couple's son stranded in India after immigration application error

A couple from India with permanent resident status is fighting to change Canada's immigration laws after being separated from their three-year-old son over what they describe as an application error.

Bhavna Bajaj was pregnant in India during permanent residency application process in 2011

Aman Sood, left, and Bhavna Bajaj say an error on their permanent residency application prevents their son Daksh from joining them in Canada. (Provided by the family)

A couple from India with permanent resident status is fighting to change Canada's immigration laws after being separated from their three-year-old son over what they describe as an application error.

There's a big void in my whole life ... I need my kid over here ... I just want his future to be with me.-— Bhavna Bajaj

Bhavna Bajaj, who now lives in Ottawa, told CBC News she was pregnant when she and her husband Aman Sood applied for permanent residency in 2011.

By the time the Canadian government accepted their application last year, they had a new son, Daksh.

Bhavna Bajaj says she just wants her son, Daksh, to join his parents in Canada. (Courtesy of the Bhavna Bajaj-Aman Sood family)

The couple said their immigration consultant told them to head to Canada and sponsor their son after they arrived.

But Bajaj said once they landed, they were told they had broken the law by not revealing they had a son in India.

"We are crying every day, craving for our child," Sood said.

"There's a big void in my whole life. Like, what should I do without him?" Bajaj said. "I need my kid over here ... I just want his future to be with me."

'Unjust law,' lawyer says

Lawyer Rezaur Rahman told CBC News that attempts to reunite the family under humanitarian and compassionate grounds have been unsuccessful.

"The immigration officer said that if the child comes here, the Canadian culture, the language, the climate will be very upsetting to him. I don't understand how one can draw such a conclusion," he said.

Aman Sood says he cries every day for his son Daksh. (Provided by the family)

Rahman said that many immigrant families face similar problems in a system that allows immigration officers to use their powers arbitrarily.

"It's a bad law. It's an unjust law," he said.

Rahman said the Minister of Citizen and Immigration Chris Alexander has the power to allow Daksh to join his parents under humanitarian and compassionate grounds.

​Now Bajaj and Sood are making a public plea to the minister in the hopes of making their family whole again.

CBC News contacted Alexander's office for comment on Boxing Day and has not yet received a response.

Comments

To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.

Become a CBC Member

Join the conversation  Create account

Already have an account?

now