Insistence on Medical for Non Accompanying Dependent

[zazen]

My immigration lawyer just forwarded CIC's insistence for Non-accompanying dependents medical request just now. it's worrisome because there is really very little i can do. My ex-wife has custody of my minor daughter and she refuses to let her undergo medical examination. I have forwarded the emails requesting my ex-wife to get the medicals done with her refusal, my lawyer has also included signed affidavit that i will not be able to sponsor her in future if we do not attach her medical report. We thought it was enough till we got another mail today. Which reads

Dear xyz

This refers to your application for permanent residence. Your application and all of the documents you submitted in support of it have been reviewed and it appears that you may not meet the requirements for immigration to Canada.
All family members, whether accompanying or not, are required to be examined to ensure that they are not inadmissible to Canada. If your family member is found to be inadmissible, you will be found to be inadmissible as per section 42(1)(a) of the Immigration and Refugee Protection Act which stipulates the following:
42(1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
(a) their accompanying family member or, in prescribed circumstances, their non-
accompanying family member is inadmissible
I have reviewed the documentation you have provided and I am not satisfied that exceptional circumstances are preventing your daughter, xyz from undergoing an immigration medical examination.
You have 60 days from the date of this letter to submit an immigration medical examination results for your daughter. If you do not comply with this request within 60 days, your application will be assessed based on the information currently on file and may result in the refusal of your application.
Thank you for the interest you have shown in Canada.

I am really stumped, with nary a clue how to proceed further. I am meeting my lawyer this monday to figure out how i should proceed further. It really seems like a very harsh stance. Any advice is appreciated.

Thank you.

 

[scylla]

Did you provide the legal documents (court paperwork) showing that your wife has sole custody?

 

[zazen]

I provided Divorce decree, and maintenance decision by court that identifies my ex-wife as Natural guardian. Since my daughter is a minor court rarely give custody to a father. Since court has set a monthly maintenance it was implied that the custody is with my wife.

 

[scylla]

I provided Divorce decree, and maintenance decision by court that identifies my ex-wife as Natural guardian. Since my daughter is a minor court rarely give custody to a father. Since court has set a monthly maintenance it was implied that the custody is with my wife.

Monthly maintenance implies your wife has at last partial/shared custody - it does not prove sole custody. She could be the guardian and you could be paying monthly maintenance - but custody could still be joint. What you want to prove is that she has SOLE custody (meaning that you have NO access to the child). Do you have any paperwork proving sole custody?

 

[apatel86]

Monthly maintenance implies your wife has at last partial/shared custody - it does not prove sole custody. She could be the guardian and you could be paying monthly maintenance - but custody could still be joint. What you want to prove is that she has SOLE custody (meaning that you have NO access to the child). Do you have any paperwork proving sole custody?

I provided Divorce decree, and maintenance decision by court that identifies my ex-wife as Natural guardian. Since my daughter is a minor court rarely give custody to a father. Since court has set a monthly maintenance it was implied that the custody is with my wife.

I am in yr similar situation. Can u plz advice if yr visa got approved? And if yes, how could u provide child medical explanation?

 

[jimshady]

I know its late - but as I got "to the bridge" this month I am crossing it now. And hope this might help future readers.

I have a child living with my ex-wife. I havent seen the child since birth. Bad Divorce. So donot communicate at all.
First i didn't include my child in the application as Non-accompanying child. However i got a warning that my application could be refused in entirety. Got scared.
So i re-submitted the application + LOE stating why i thought the child is NON dependant - as the mother is solely responsible and living in a different country.

I also mentioned upfront that I am not the child's sponsor now, nor will be sponsoring the future to canada (if i am approved)

I got few requests as to history , why the divorce happened etc...so i gave it all. including a LOE of any documents i could not provide. and why the non-accompanying child could NOT get a medical.

So finally they sent the medical requests for my current family (I remarried and have kids) excluding the child from my ex-wife and a statement from CIC that i will not be able to sponsor the child in the future.

 

[Jacko007]

I However i got a warning that my application could be refused in entirety.

Warning from whom?

 

[jimshady]

Warning from whom?

CIC....

 

[vmanojk123]

I know its late - but as I got "to the bridge" this month I am crossing it now. And hope this might help future readers.

I have a child living with my ex-wife. I havent seen the child since birth. Bad Divorce. So donot communicate at all.
First i didn't include my child in the application as Non-accompanying child. However i got a warning that my application could be refused in entirety. Got scared.
So i re-submitted the application + LOE stating why i thought the child is NON dependant - as the mother is solely responsible and living in a different country.

I also mentioned upfront that I am not the child's sponsor now, nor will be sponsoring the future to canada (if i am approved)

I got few requests as to history , why the divorce happened etc...so i gave it all. including a LOE of any documents i could not provide. and why the non-accompanying child could NOT get a medical.

So finally they sent the medical requests for my current family (I remarried and have kids) excluding the child from my ex-wife and a statement from CIC that i will not be able to sponsor the child in the future.

Hi there,

I really need your help here? Mine is an exact same case. Canyou help me with one basic query?

did you count your previous child for the eligibility question “how many family members you have” at the beginning of your application? Please reply asap

 

[jimshady]

Hi there,

I really need your help here? Mine is an exact same case. Canyou help me with one basic query?

did you count your previous child for the eligibility question “how many family members you have” at the beginning of your application? Please reply asap

I didnot inlcude her/him in the application, but after the officer notified me i inlcuded her/him in the addtional family form.... Not the main application.

 

[vmanojk123]

So

I didnot inlcude her/him in the application, but after the officer notified me i inlcuded her/him in the addtional family form.... Not the main application.

so in the count of family members in the main application, you excluded your previous marriage child? @jimshady

 

[jimshady]

So

so in the count of family members in the main application, you excluded your previous marriage child? @jimshady

yes i didnot include her/him as technically the child is "not my dependent"(not with me /not seen the child) ...but i revised the application and included in "Additonal family" app. along with LOE stating Medicals will not be possible and Non-sponsorship of the child to Canada in the future.

 

[Satvikashloka]

I know its late - but as I got "to the bridge" this month I am crossing it now. And hope this might help future readers.

I have a child living with my ex-wife. I havent seen the child since birth. Bad Divorce. So donot communicate at all.
First i didn't include my child in the application as Non-accompanying child. However i got a warning that my application could be refused in entirety. Got scared.
So i re-submitted the application + LOE stating why i thought the child is NON dependant - as the mother is solely responsible and living in a different country.

I also mentioned upfront that I am not the child's sponsor now, nor will be sponsoring the future to canada (if i am approved)

I got few requests as to history , why the divorce happened etc...so i gave it all. including a LOE of any documents i could not provide. and why the non-accompanying child could NOT get a medical.

So finally they sent the medical requests for my current family (I remarried and have kids) excluding the child from my ex-wife and a statement from CIC that i will not be able to sponsor the child in the future.

I have a similar case where my husband's minor son from his deceased first wife is residing with his maternal grandparents since his mother's demise. We have showed him as a non accompanying dependent but we are unable to get his passport and medical done because of his maternal grandparents non-cooperation even after repeated requests. In view of our inability to produce the same can we by ourself attach an affidavit requesting for processing our PR application and forgoing the sponsorship of the dependent son. There is no legal documents regarding the custody. What else supporting documents we may need to submit if any.

 

[jimshady]

I have a similar case where my husband's minor son from his deceased first wife is residing with his maternal grandparents since his mother's demise. We have showed him as a non accompanying dependent but we are unable to get his passport and medical done because of his maternal grandparents non-cooperation even after repeated requests. In view of our inability to produce the same can we by ourself attach an affidavit requesting for processing our PR application and forgoing the sponsorship of the dependent son. There is no legal documents regarding the custody. What else supporting documents we may need to submit if any.

I submitted that and a declaration that I will not be sponsoring the child in the future as well. The officer asked me a lot of questions re the relationship, but once answered, it was done.