Child Medical - PR Approved

[NV1986]

Hi,

I want to share my case here so if anyone is facing same problem, this can help.

I had applied for PR and application has two candidate me and my spouse.

But I got divorce 5 years back in my home country and I have child from my previous marriage. My child is with my ex-wife.

During my PR application, Officer first asked for child birth certificate and reason for divorce.

I gave child birth certificate and reason for divorce in simple work format.

I did not include my child name in my PR application initially so Officer asked me IMM5406 and IMM0008 forms to add my child into application.

I filled both forms and explained that I did not included my child name because I thought after divorce, child not my dependent. Also I attached Affidavit with explaining my situation as I donot want to include my child in my PR application as my child is with my ex-wife and I am not going to include in future as well.

Now officer asked for child medical and gave 30 days to present medical report.

I sent one letter to my ex-wife (Register AD) and asked for child medical and explained situation. After 1 week I sent another letter and asked same thing.

I explained that child is not with me and I can not present child medical report. Also attached Divorce Order which I attached during PR application and Mutual understanding stamp paper agreement between me and my ex-wife that stating child will remain with her and I can see my child once in 3 months.

Still Officer asked for Child medical and gave one letter to sign and notarize.

I explained again my case and signed letter & notarized and sent.

Officer gave Procedural Fairness letter and asked for Child medical again and gave 60 days to provide.

I hired one lawyer (Green & Spiegel – Stephen Green) and my lawyer also explained same thing in letter with added some court cases where such situation happened and court asked to revisit application for those candidates.

Also My current father in law went to my ex-wife’ house and tried to convenience her but she did not agreed so my father-in-law gave affidavit to me that he went and I gave my lawyer as well.

But still unfortunately, officer refused my application and stated that without child medical we can not process this application and on Humanitarian and Compassionate ground I am not satisfy that Applicant has done enough tries.

My lawyer (Green & Spiegel – Stephen Green) filed a case in court and court asked GCMS notes of my application.

CIC gave GCMS notes with same explanation which they gave in refusal letter.

After one month my lawyer asked CIC’s lawyer for settlement and they agreed for settlement.

CIC’s lawyer gave settlement letter and my lawyer present in Court to close the case.

Finally after 1 month CIC gave me and my current spouse PR.

Following are the documents I presented for this Problem:

1. Child Birth Certificate
2. IMM5406 and IMM0008 forms
3. Affidavit with explaining that I am not going to sponsor my child in future
4. Two letters copy with Register AD receipt which I sent to my ex-wife
5. Notarized letter which I received from CIC (same thing that I will not be able to sponsor my child in future)
6. Divorce Letter (this divorce letter does not have custody information)
7. Mutual understanding agreement (This agreement has custody information)
8. Affidavit from my current father in law that he went to my ex-wife house in back home and tried to explain but she did not agree
9. Lawyer letter with past court cases (https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218002/index.do?r=AAAAAQALS2FydW5hbml0aGkB) (https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/229409/index.do?r=AAAAAQAIUmVpbmhvbHoB)

Hope this detail will help someone.

Best of Luck!

 

[bootsal]

Hi,

I want to share my case here so if anyone is facing same problem, this can help.

I had applied for PR and application has two candidate me and my spouse.

But I got divorce 5 years back in my home country and I have child from my previous marriage. My child is with my ex-wife.

During my PR application, Officer first asked for child birth certificate and reason for divorce.

I gave child birth certificate and reason for divorce in simple work format.

I did not include my child name in my PR application initially so Officer asked me IMM5406 and IMM0008 forms to add my child into application.

I filled both forms and explained that I did not included my child name because I thought after divorce, child not my dependent. Also I attached Affidavit with explaining my situation as I donot want to include my child in my PR application as my child is with my ex-wife and I am not going to include in future as well.

Now officer asked for child medical and gave 30 days to present medical report.

I sent one letter to my ex-wife (Register AD) and asked for child medical and explained situation. After 1 week I sent another letter and asked same thing.

I explained that child is not with me and I can not present child medical report. Also attached Divorce Order which I attached during PR application and Mutual understanding stamp paper agreement between me and my ex-wife that stating child will remain with her and I can see my child once in 3 months.

Still Officer asked for Child medical and gave one letter to sign and notarize.

I explained again my case and signed letter & notarized and sent.

Officer gave Procedural Fairness letter and asked for Child medical again and gave 60 days to provide.

I hired one lawyer (Green & Spiegel – Stephen Green) and my lawyer also explained same thing in letter with added some court cases where such situation happened and court asked to revisit application for those candidates.

Also My current father in law went to my ex-wife’ house and tried to convenience her but she did not agreed so my father-in-law gave affidavit to me that he went and I gave my lawyer as well.

But still unfortunately, officer refused my application and stated that without child medical we can not process this application and on Humanitarian and Compassionate ground I am not satisfy that Applicant has done enough tries.

My lawyer (Green & Spiegel – Stephen Green) filed a case in court and court asked GCMS notes of my application.

CIC gave GCMS notes with same explanation which they gave in refusal letter.

After one month my lawyer asked CIC’s lawyer for settlement and they agreed for settlement.

CIC’s lawyer gave settlement letter and my lawyer present in Court to close the case.

Finally after 1 month CIC gave me and my current spouse PR.

Following are the documents I presented for this Problem:

1. Child Birth Certificate
2. IMM5406 and IMM0008 forms
3. Affidavit with explaining that I am not going to sponsor my child in future
4. Two letters copy with Register AD receipt which I sent to my ex-wife
5. Notarized letter which I received from CIC (same thing that I will not be able to sponsor my child in future)
6. Divorce Letter (this divorce letter does not have custody information)
7. Mutual understanding agreement (This agreement has custody information)
8. Affidavit from my current father in law that he went to my ex-wife house in back home and tried to explain but she did not agree
9. Lawyer letter with past court cases (https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/218002/index.do?r=AAAAAQALS2FydW5hbml0aGkB) (https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/229409/index.do?r=AAAAAQAIUmVpbmhvbHoB)

Hope this detail will help someone.

Best of Luck!

Thanks for sharing this info, I am facing the same situation. I am not sure how we will do this.
I submitted my PR application along with the stepson included, provided his birth cert and whatever details we could except for his passport and medicals. Instead provided a letter of explanation with divorce documents where the custody is also mentioned to ex-wife of my husband. Added to it a notarised declaration stating that we are ok to exclude the child as my husband does not have access to his kid whatsoever and has not seen him for like 10 years now.
Now just few mins back a saw a status change in medicals but my Visa office did not directly ask me for my stepson medicals instead the status reads as medical not received.
We have no way to reach upto his ex-wife or the kid due to a bitter divorce.

 

[NV1986]

I have mentioned in my post, two court cases so you can put those as a reference in your explanation detail.
Also you can hire a lawyer and give such detail.

If you need any help or detail from my side, please let me know. I would like to help.

Bets of luck.

 

[willkiewill]

Hi NV1986, I am in the similar situation as you were. I have sent you private message in the forum. Would you please reply to my message once you get chance? Thanks!

 

[NV1986]

I did.

 

[bootsal]

I have mentioned in my post, two court cases so you can put those as a reference in your explanation detail.
Also you can hire a lawyer and give such detail.

If you need any help or detail from my side, please let me know. I would like to help.

Bets of luck.

Hi there @NV1986

I have an update on my file. Yesterday I saw a change in my profile and also got a update status mail. My profile now shows my medicals as passed for the first time ever.
So do I assume they have accepted all the document we sent for not able to provide medicals for my stepson.

I can still see him as dependent applicant on my application profile.

Would you mind telling me if your kid was removed from online profile of yours.

 

[Jason.le3853]

would any body know why they want the child medical while he/she is not in OP's application (i.e the child doesnt applied for PR)?

 

[hamgha]

would any body know why they want the child medical while he/she is not in OP's application (i.e the child doesnt applied for PR)?

Because they might sponsor them in the future

 

[apatel86]

Hi there @NV1986

I have an update on my file. Yesterday I saw a change in my profile and also got a update status mail. My profile now shows my medicals as passed for the first time ever.
So do I assume they have accepted all the document we sent for not able to provide medicals for my stepson.

I can still see him as dependent applicant on my application profile.

Would you mind telling me if your kid was removed from online profile of yours.

Hi I am in same situation where u was for medical exam of non accompanying dependent.
Child is with ex in Australia and I have applied in land application.we have court order where it doesn’t state sole custody but we both have freedom to take child parenting decision on day to day care without need of other parent.i have willingly decided not to see him since we separated and not gonna sponsor or meet him too. Ex never need my help for upbringing too.
I still tried to email ex 3 times and fb msg him which shows he checked but simply not responding any of my msg. Medical 30 days deadline ends on 19 oct 2018.
Can I notarise and send statutory declaration to IRCC that I tried to contact him but he is non responsive n I m happy to give up my right of future sponsorship .. would that proceed to next step? And do u have any format of notarized doc to submit to IRCC? My email is: archies_cuty@yahoo.com

I would really appreciate yr any response. As I m really stressed what will happen to my application! As I don’t have custody in place and it’s Not feasible to go to Australia to get child medical done as I m on owp status and I have no any intention to meet or sponsor him too.

 

[bootsal]

You can write a letter of explanation as I said earlier detailing the circumstances, with proof of your efforts showing he is not responding. However the visa officer in my opinion will want to see more efforts cause your papers shows that you can have access to your child.
You can ask someone on your behalf to reach him up and talk it out or have atleast a letter stating he won't allow medicals for the child.

Ircc does have a format of their own which they will provide to you at a later stage for exclusion of your child from application.

 

[apatel86]

Thank u so much for your prompt response. I read yr whole court affidavit, it is really inspiring.
Ex has just replied me that he won’t do it as he is not legally bound to do child medical and has no time to go.. if I wish I can go to Australia to get it done.
I am on owp, I have got eta but not sure it’s ok to travel ? And just for medical?

 

[tina1415]

Hi.
Our application got cancelled on the basis on incompleteness. My husband has a 18 year old son from previous marriage. The ex wife n my husband not on good terms and she has the full custody of son. We requested her for the medicals & PCC but she refused. What are our options now?? Really stressed from past few days. We don't have any black and white proofs of her refusal. all verbal communications. and they live in NZ so distance factor also there.
Please do reply. Thanks in advance to everyone.

 

[bootsal]

Thank u so much for your prompt response. I read yr whole court affidavit, it is really inspiring.
Ex has just replied me that he won’t do it as he is not legally bound to do child medical and has no time to go.. if I wish I can go to Australia to get it done.
I am on owp, I have got eta but not sure it’s ok to travel ? And just for medical?

If you have the option of getting the meds done for your child you should make all efforts to get it done, without docs take for sure the application will get delayed and not sure if ircc will reject too coz you have the option open to get it done...

 

[bootsal]

Hi.
Our application got cancelled on the basis on incompleteness. My husband has a 18 year old son from previous marriage. The ex wife n my husband not on good terms and she has the full custody of son. We requested her for the medicals & PCC but she refused. What are our options now?? Really stressed from past few days. We don't have any black and white proofs of her refusal. all verbal communications. and they live in NZ so distance factor also there.
Please do reply. Thanks in advance to everyone.

Can you explain why the application was cancelled, as per my knowledge if you are not able to provide child's docs you can for sure write a letter of explanation and provide all documents to prove your efforts to get medicals done for the kid did not yield the desired result...

 

[tina1415]

Can you explain why the application was cancelled, as per my knowledge if you are not able to provide child's docs you can for sure write a letter of explanation and provide all documents to prove your efforts to get medicals done for the kid did not yield the desired result...

application got cancelled bcoz we did not include my husbands son on our application since sole custody is with wife since last 12 years.