Medica Examination requested by IRCC cannot be done for dependent

[eiceegurl]

Hi,

I would like to inquire if there's anyone here experience that a medical examination for dependent cannot be possibly done due to family circumstances.

I just recently got divorce and my dependent overseas is with my mother's care at the moment. unfortunately my mother and I did not get along and she has a heart made of steel.

she kept away my child away from me cutting all communications and facebook messenger. Now IRCC requested a new medical for my 6 yrsold kid as it was expired on 2023 October.

What are my other option please, she was declared as accompanying with my application since i got divorced my ex husband was removed from the PR application.

I am under Home support worker pilot. please i will appreciate all your help.

 

[armoured]

I just recently got divorce and my dependent overseas is with my mother's care at the moment. unfortunately my mother and I did not get along and she has a heart made of steel.

Who has formal legal guardianship or custody of the child?

To be clear - unless your mother has legal custody (complete), it's unlikely IRCC will accept. And even if that is the case, IRCC is going to push very hard to NOT accept because you indicated you wanted to include the child.

Why? because you removing the child means you can NEVER sponsor the child at all, in future.

Bottom line: this is mostly a family issue that you are going to have to work out with your mother. At minimum, explain to her that if she does not let the child do the medical (even for non-accompanying), you can NEVER bring the child to Canada. Her preventing that is not a good plan, assuming that your mother is not immortal.

 

[CanGoldDigger]

Just submit a letter of explanation. Attach any proofs that you tried to persuade your ex (emails, texts, etc), also attach any divorce documents (courts' decisions, custody, etc)

IRCC will request the dependant's medicals a couple of times anyway, reply with your proofs each time, even if they are the same, don't ignore the requests.

Eventually IRCC will send you a waiver that you can't sponsor your dependant in the future. Sign the waiver with a notary public and the medicals will be approved.

 

[armoured]

Just submit a letter of explanation. Attach any proofs that you tried to persuade your ex (emails, texts, etc), also attach any divorce documents (courts' decisions, custody, etc)

IRCC will request the dependant's medicals a couple of times anyway, reply with your proofs each time, even if they are the same, don't ignore the requests.

Eventually IRCC will send you a waiver that you can't sponsor your dependant in the future. Sign the waiver with a notary public and the medicals will be approved.

I may be wrong but I'm guessing it won't be that easy - child not in physical custody of the other parent, and I believe PH traditional enough that they're going to assume the mother has custody unless proven otherwise, and the grandmother not allowing the child to do the medicals is a different situation entirely.

But your advice is the standard and it's possible would apply here too, maybe I'm wrong.

 

[CanGoldDigger]

I may be wrong but I'm guessing it won't be that easy - child not in physical custody of the other parent, and I believe PH traditional enough that they're going to assume the mother has custody unless proven otherwise, and the grandmother not allowing the child to do the medicals is a different situation entirely.

But your advice is the standard and it's possible would apply here too, maybe I'm wrong.

Well, no doubt, it's a case by case issue. But that's a standard procedure I've seen lately. It might look easy, but it's not.

 

[armoured]

Well, no doubt, it's a case by case issue. But that's a standard procedure I've seen lately. It might look easy, but it's not.

You're absolutely right, that is the usual way - I'm just saying in this case it's the grandmother who seems to have factual custody, probably not legal custody; and if any doubt they're going to assume the mother (the PA here) has legal custody. And if so, I think there is close to zero chance they would approve removing the kid.

Or put more simply: unless she can show someone else has legal custody, it won't move.

 

[CanGoldDigger]

You're absolutely right, that is the usual way - I'm just saying in this case it's the grandmother who seems to have factual custody, probably not legal custody; and if any doubt they're going to assume the mother (the PA here) has legal custody. And if so, I think there is close to zero chance they would approve removing the kid.

Or put more simply: unless she can show someone else has legal custody, it won't move.

Yup, I understand. But the only difference is that the dependant cannot be accompanying or else it's a refusal for sure.

 

[armoured]

Yup, I understand. But the only difference is that the dependant cannot be accompanying or else it's a refusal for sure.

I mean I have serious doubt they would even approve removing the child for non-accompanying, if they believe the applicant has legal custody.

In legal terms, would they 'let' a sole custodial parent refuse their parental rights and responsibilities without court approval and/or some other parent getting legal custody? IRCC lawyers might tell them a parent can't do this (the parent's decision to do so would be null and void) ... and if that's the case, child must be examined.

Yes, partly speculation on my part, but somewhat informed speculation.

 

[canuck78]

Appears that mother wants to sponsor their child. They have to find a way to do the medical or else child will never be able to be sponsored and come to Canada. Would add this isn’t a family sponsorship issue but express entry/PR so posting in the wrong section.

 

[eiceegurl]

Who has formal legal guardianship or custody of the child?

To be clear - unless your mother has legal custody (complete), it's unlikely IRCC will accept. And even if that is the case, IRCC is going to push very hard to NOT accept because you indicated you wanted to include the child.

Why? because you removing the child means you can NEVER sponsor the child at all, in future.

Bottom line: this is mostly a family issue that you are going to have to work out with your mother. At minimum, explain to her that if she does not let the child do the medical (even for non-accompanying), you can NEVER bring the child to Canada. Her preventing that is not a good plan, assuming that your mother is not immortal.

- Hi Thank you for your reply.
I left my 6 yrsold child to my mum last year before coming to canada with a plan that she will soon follow but change of circumstances due to my divorce
she did not support and flip her decision of allowing my daughter to come to canada we did not have any legal documents signed for custody.
However my husband and I had the legal documents sent to IRCC that I have the full custody. However my mother is interfering since she has my daughter.
I seek all the possible help and assistance in my home country to at least persuade my mother but for my child to have a medical but all has failed.

Now I am on my 30 days, of compliance for her medical. she was non accompanying when i submitted my application for HSW in july 2020 however when I am submitting my gaining experience i requested her to change to accompanying now my burden is i cant get her a medical exam her old one expires last year.
please share your view what to do. I appreciate your guidance.

 

[eiceegurl]

Who has formal legal guardianship or custody of the child?

To be clear - unless your mother has legal custody (complete), it's unlikely IRCC will accept. And even if that is the case, IRCC is going to push very hard to NOT accept because you indicated you wanted to include the child.

Why? because you removing the child means you can NEVER sponsor the child at all, in future.

Bottom line: this is mostly a family issue that you are going to have to work out with your mother. At minimum, explain to her that if she does not let the child do the medical (even for non-accompanying), you can NEVER bring the child to Canada. Her preventing that is not a good plan, assuming that your mother is not immortal.

- Thank you Armoured.
I have the full custody as the Family Law in the Philippines a 7 years old child has to be with the full care of the mother unless turn 7 yrs old then the court could as which parent she want to stay with. In my case my mother is controlling my child and not allowing me to have any communication with her.
In addition to this, she is giving me a hard time for over 2 months now. I have an affidavit signed my by ex husband about waiving his right and giving the full custody to me.

However, I am here in Canada and my daughter is in my home country, I could not just leave my work as my employer relies to me mostly everyday. as PSW caring for a paraplegic patient; and if I leave for a week or two to go home I may not be able to have a job I could return too.

What is the best possible solution I could do this time, should i request the VO to change my daughter to accompanying to non -accomp,
I have book her twice medical but my mum has no show no communication with me at all. I tried all my relatives but they dont want to get involve it seems they are all scared with my mum.

I am running out of option; please kindly advise the best step i could do thank you all.

 

[armoured]

What is the best possible solution I could do this time, should i request the VO to change my daughter to accompanying to non -accomp,
I have book her twice medical but my mum has no show no communication with me at all. I tried all my relatives but they dont want to get involve it seems they are all scared with my mum.

I am running out of option; please kindly advise the best step i could do thank you all.

I don't have an option. You have my full sympathies; but ultimately this is a family matter. You will have to convince your mother somehow to let the medical examination happen. Apart from impressing on her how important it is (because it also affects your ability to become a PR), I don't have suggestions.

Obviously one could imagine getting the authorities involved or something, but pointless for me to make stuff up, I don't know the situation.

Note that whether the child is accompanying or non-accompanying, you will have to have the medical exam completed for the child for your own file to proceed.

The only suggestion I have right now is to respond to IRCC and ask for more time to get the medical done. As far as I'm aware they are not tremendously strict about the timeframes. That said, I'm only suggesting that another month or two might be possible, and even that not a guarantee. (They will typically accept a request to delay due to scheduling issues, for example)