Am I able to remove child dependent from application?

[ElusiveTiger]

Hi there,

I applied for my wife and her son (5 yrs) to come to Canada back in Nov. Now my wife's son would like to stay with his father. Am I able to remove him from the application? Will this cause problems or refusal? We have received AOR and she's gotten biometrics request...but no medicals yet.

 

[canuck78]

Hi there,

I applied for my wife and her son (5 yrs) to come to Canada back in Nov. Now my wife's son would like to stay with his father. Am I able to remove him from the application? Will this cause problems or refusal? We have received AOR and she's gotten biometrics request...but no medicals yet.

You can only change him to non-accompanying dependent. He must be part of the application.

 

[scylla]

Hi there,

I applied for my wife and her son (5 yrs) to come to Canada back in Nov. Now my wife's son would like to stay with his father. Am I able to remove him from the application? Will this cause problems or refusal? We have received AOR and she's gotten biometrics request...but no medicals yet.

As said above, the child still needs to be included in the application but the status can be changed to non-accompanying. The child will still need to complete a medical.

 

[ElusiveTiger]

As said above, the child still needs to be included in the application but the status can be changed to non-accompanying. The child will still need to complete a medical.

Why would he need to complete a medical if he's non accompanying?

 

[scylla]

Why would he need to complete a medical if he's non accompanying?

It's mandatory for all dependents (both accompanying and non-accompanying) to complete the medical in order for the application to be approved.

 

[canuck78]

Why would he need to complete a medical if he's non accompanying?

Because if he fails the medical it can impact the approval process.

 

[armoured]

Hi there,

I applied for my wife and her son (5 yrs) to come to Canada back in Nov. Now my wife's son would like to stay with his father. Am I able to remove him from the application? Will this cause problems or refusal? We have received AOR and she's gotten biometrics request...but no medicals yet.

As noted, you can't remove, just cahnge to non-accompanying.

The child is five years old? I'd strongly consider leaving the child on as accompanying - what if he changes his mind?If non-accompanying, you'd have to sponsor all over again later.

Conversely if the child is left as accompanying and ends up not immigrating, there's no penalty - can still be sponsored in future.

It might even be worth having the child come for a month or two and getting PR status - that way within the first ~3 years, the child could come at any time.

There are some other minor nuances and issues, but this approach - leave the child on application as accompnaying - maximizes the options for now and has no significant downsides that I can think of.

 

[PMM]

Hi

Hi there,

I applied for my wife and her son (5 yrs) to come to Canada back in Nov. Now my wife's son would like to stay with his father. Am I able to remove him from the application? Will this cause problems or refusal? We have received AOR and she's gotten biometrics request...but no medicals yet.

1. Child can be changed to non accompanying, but will still have to complete and pass the medical.

 

[Underhill]

As noted, you can't remove, just cahnge to non-accompanying.

The child is five years old? I'd strongly consider leaving the child on as accompanying - what if he changes his mind?If non-accompanying, you'd have to sponsor all over again later.

Conversely if the child is left as accompanying and ends up not immigrating, there's no penalty - can still be sponsored in future.

It might even be worth having the child come for a month or two and getting PR status - that way within the first ~3 years, the child could come at any time.

There are some other minor nuances and issues, but this approach - leave the child on application as accompnaying - maximizes the options for now and has no significant downsides that I can think of.

Also, it can be very tricky (or impossible) to get approval for your wife's PR if she is legally obligated to her minor child who is not accompanying her to Canada. If both parents agree to have the child not move to Canada the child's father may have to be granted full legal/physical custody of the child before the wife's PR application can be approved.

I had to do this for my non-accompanying minor child when my PR application was processing. I got a PFL asking for proof of my legal status of my child - meaning, if I had a legal obligation to my non-accompanying child my application couldn't be approved. Legal custody was shifted to my child's mother and my application was then approved.

EDIT:

Even though my child's mother had sole custody of our child, and that she was non-accompanying, she still had to do bio and medical. Exceptions to the bio & medical requirement can be made - non-cooperative custodial parent, etc. - but it's rare.