Possible to waive medical exam for non-accompanying dependent?
- Thread starter jkebe
- Start date
Good day!
I got this letter below on October 9th 2019. I supplied all the information requested including a signed statutory declaration from Jonathan's father that he looks after the physical and mental well being of our 21 year old in New Zealand. I also included a signed statutory declaration surrendering my right to sponsor at a later date.
You have indicated that your child, Cover, Jonathan Connor born on 1998/07/18, cannot be examined. All family members, whether accompanying or not, are required to be examined as part of your application for permanent residence. If they do not undergo this screening, you may not be able to later sponsor them as members of the Family Class as they may be described under section 117(9)(d) of the Regulations which stipulates the following:
117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined. If your non-accompanying family member is examined, you may choose to sponsor them as your dependant at a later date. However, if you choose to not have your non-accompanying family member examined, he/she may be excluded as a member of the family class. If you sponsor a non examined
non-accompanying dependant, and an officer determines that the previously non accompanying dependent could have been examined during your own application but you chose not to make your dependant available for examination or your dependant did not appear for examination, that application may be refused pursuant to Regulation 117(9)(d).
If your child(ren) cannot be examined and you are able to provide proof that another person has sole custody of your child(ren), you must provide a signed statutory declaration outlining the circumstances of your inability to have your child(ren) examined. Your declaration must include details of all efforts you have made in order to have your child(ren) comply with immigration legislation, including specific reasons why you are unable to exercise parental rights. This declaration must be administered by a Commissioner for Oaths or Notary Public and must state that you are aware that you may not be able to sponsor your family member in the future. You must also provide any documentary proof or
evidence that may support your statements in the statutory declaration.
This morning I got this email.
In order to continue processing your application, further information is required.
You must complete/submit the following to this office: 1121586716 - Jonathan Connor Cover:
> Non exam of DEP(s): In order for the department to consider removing your dependant from your application for permanent residence, you must provide a signed statutory declaration outlining the circumstances of your inability to have your child examined. Your declaration must
include details of all efforts you have made in order to have your child comply with immigration legislation. This declaration must be administered by a Commissioner for Oaths or Notary Public and must state that you are aware that you cannot sponsor your child in the future, even though this
may result in permanent separation, pursuant to subsection 117(9)(d) of the Immigration and Refugee Protection Regulations. You must also provide any documentary proof or evidence that may support your statements in the statutory declaration. This must be received at this office by: 2019/12/19
> Statement of No Intention: Provide a "Statement of No Intention" to immigrate to Canada. This declaration must be written and signed by your adult child and must include the circumstances and reasons why they do not wish to be included in your application. This must be
received at this office by: 2019/12/19.
Even after providing all the requested information in October I am now required to provide even more evidence. And ask my independent 21 year old whom I have a hard enough time getting a hold of to sign a "no intention to immigrate". There are possibilities of course. I am wondering if I should withdraw my application until Jonathan is 22 in July of 2020. I am afraid of the consequences of that action as I have been granted temporary residence and an open work permit.
I would appreciate your experienced opinions. Thank you all very much.
I got this letter below on October 9th 2019. I supplied all the information requested including a signed statutory declaration from Jonathan's father that he looks after the physical and mental well being of our 21 year old in New Zealand. I also included a signed statutory declaration surrendering my right to sponsor at a later date.
You have indicated that your child, Cover, Jonathan Connor born on 1998/07/18, cannot be examined. All family members, whether accompanying or not, are required to be examined as part of your application for permanent residence. If they do not undergo this screening, you may not be able to later sponsor them as members of the Family Class as they may be described under section 117(9)(d) of the Regulations which stipulates the following:
117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined. If your non-accompanying family member is examined, you may choose to sponsor them as your dependant at a later date. However, if you choose to not have your non-accompanying family member examined, he/she may be excluded as a member of the family class. If you sponsor a non examined
non-accompanying dependant, and an officer determines that the previously non accompanying dependent could have been examined during your own application but you chose not to make your dependant available for examination or your dependant did not appear for examination, that application may be refused pursuant to Regulation 117(9)(d).
If your child(ren) cannot be examined and you are able to provide proof that another person has sole custody of your child(ren), you must provide a signed statutory declaration outlining the circumstances of your inability to have your child(ren) examined. Your declaration must include details of all efforts you have made in order to have your child(ren) comply with immigration legislation, including specific reasons why you are unable to exercise parental rights. This declaration must be administered by a Commissioner for Oaths or Notary Public and must state that you are aware that you may not be able to sponsor your family member in the future. You must also provide any documentary proof or
evidence that may support your statements in the statutory declaration.
This morning I got this email.
In order to continue processing your application, further information is required.
You must complete/submit the following to this office: 1121586716 - Jonathan Connor Cover:
> Non exam of DEP(s): In order for the department to consider removing your dependant from your application for permanent residence, you must provide a signed statutory declaration outlining the circumstances of your inability to have your child examined. Your declaration must
include details of all efforts you have made in order to have your child comply with immigration legislation. This declaration must be administered by a Commissioner for Oaths or Notary Public and must state that you are aware that you cannot sponsor your child in the future, even though this
may result in permanent separation, pursuant to subsection 117(9)(d) of the Immigration and Refugee Protection Regulations. You must also provide any documentary proof or evidence that may support your statements in the statutory declaration. This must be received at this office by: 2019/12/19
> Statement of No Intention: Provide a "Statement of No Intention" to immigrate to Canada. This declaration must be written and signed by your adult child and must include the circumstances and reasons why they do not wish to be included in your application. This must be
received at this office by: 2019/12/19.
Even after providing all the requested information in October I am now required to provide even more evidence. And ask my independent 21 year old whom I have a hard enough time getting a hold of to sign a "no intention to immigrate". There are possibilities of course. I am wondering if I should withdraw my application until Jonathan is 22 in July of 2020. I am afraid of the consequences of that action as I have been granted temporary residence and an open work permit.
I would appreciate your experienced opinions. Thank you all very much.
IRCC doesn't like excluding dependent children, so it's common to get multiple requests.
For a 21 year old, you should have obtained a statement from him from the beginning instead of the father. The statement from the father carries no weight, as your son is a legal adult.
Send your notarized declaration again along with a complete explanation. If your son refuses to complete his own declaration, try to get proof of that in writing, such as an email, and include that.
Thank you Canuck. It is terribly confusing, the language around this process is mind boggling ie: IRCC doesn't like to exclude dependent children who are legal adults. I will try my best to get a hold of my son. Do you have an opinion on whether I should withdraw my application until he turns 22? and if I did would this affect any permanent residence application after the fact? Thank you again for your advice and patience.
Show communication proof that you have tried to convince your ex to allow the medical and her refusal. Submit it, along with a letter of explanation detailing your efforts and the notarized declaration again.
Yes. If you have any new communications with her, include that. Be very detailed about what steps you have taken to try to get the medical.
Hi @kkgk1925 I have got ADR asking for medical, birth certificate and PCC for the child from my ex-wife but my ex-wife has broken all communications and has not responded to my requests and her location is also unknown. I have raised a web-form in which I submitted my an LOE explaining my difficult situation and inability to submit the requested documents. In my LOE, I provided an affidavit too stating that my ex-wife has broken all communications and I am unable to provide the above mentioned documents and I am aware that, this may lead to the child being ineligible for future sponsorship.
Is there anything more that could be done? Anyone facing similar issues and got PR successfully?
Moreover, do we need to upload the LOE against the document section they have enabled for submitting the ADR or should it be via webform?
Please help out here as it is urgent
Hi there,
I hope someone could help me. I am sponsoring my husband to come to Canada, and he has a son. However, his son refuses to take the medical examination, after multiple attempts and explanation on what is the purpose of the medical, he is underage as well. His ex refuses to sign the waiver form as well. we tried to convince him for more than a month of multiple attempts but we failed. Since his ex refuses to sign the waiver as well... how do we take it from here?
Sincerely,
M
I hope someone could help me. I am sponsoring my husband to come to Canada, and he has a son. However, his son refuses to take the medical examination, after multiple attempts and explanation on what is the purpose of the medical, he is underage as well. His ex refuses to sign the waiver form as well. we tried to convince him for more than a month of multiple attempts but we failed. Since his ex refuses to sign the waiver as well... how do we take it from here?
Sincerely,
M
Show proof of the mother's refusal. Show proof of the song's refusal. Fully document all communication and efforts to get the medical done. Your husband needs a notarized statement declaring that he understands that the child will be forever excluded from the Family Class and not be able to be sponsored.
I submitted the notarised declaration and court papers proving that the father ( my ex) has full custody on Nov 12,2019. I haven’t heard anything from IRCC since that and now I am getting nervous. I had been three months . Any information would be appreciated. Thanks
Hello, I am facing a similar situation where my husbands ex is uncooperative. We plan to write a Statuatory Declaration and have it notarized. I am wondering if we should send it in with our initial application or wait for them to request the medical of the dependents. The other question was whether we need to have it notarized in Canada or the country he is from?
Why wait for a request? Request = delay. Include everything upfront. It can be notarized anywhere.
You should also show proof of communication with the ex and her refusal and the custody agreement if there is one.
krishnavecca- what's the update on your application? I am in a similar situation. I have been asked to provide custody documents for my non-accompanying child. I don't have any custody document. What can I present to IRCC?