Cancelled PR application due to inadmissiblity

[Ailyn]

Hi everyone, i need your expert advise and opinion about our case. My Husband is in Alberta and he is holding a Working visa and will expire on Oct 2015. He applied his permanent Residency last March 2011 under the Provincial Nominee Program. He also underwent the Final Medical exams in Canada. While Me and his two illigitimate children (both are declared in the application of Family Class Sponsorship) undergo our Final Medical here in the Philippines. However, we receive a letter from Canadian Embassy that Francis (his eldest son) is inadmissible to enter Canada due to Medical condition (mild retardation). We were given 60 days to Provide answer like medical documents, financial Statements, career plan. But we decided to cancel Francis application since we are confident if he will be left in the Philippines because he will be taken good care by our parents. In response, we submitted a letter to the visa officer about our decision.
My question now is, if Francis is inadmissible, does it affect our application as well even if we cancelled his application?
Second, How long is the processing time of this case, our application has been processed since August 2011 and until now, we have no response from Embassy if our forwarded letter of cancellation is approved or not..
Please help.

 

[scylla]

If the son is inadmissible - then you are inadmissible as a family and the entire application will be refused. You cannot remove or cancel the son from your application. If he is refused then you will be automatically refused as well.

 

[mannmann]

as far as im aware if you 'cancel' your application you're cancelling the whole families application, you cant 'withdraw' one person from the application

 

[zardoz]

All they could attempt to do would be to change the child to non-accompanying. However, as Scylla states, it will make no difference to the application. Any inadmissible family member makes the whole family inadmissible, regardless of whether they are accompanying or non-accompanying.

 

[Ailyn]

If the son is inadmissible - then you are inadmissible as a family and the entire application will be refused. You cannot remove or cancel the son from your application. If he is refused then you will be automatically refused as well.

Thank you scylla, if that's gonna happen that all our application will be rejected, is there any chances to reapply again?

 

[zardoz]

You can reapply once the child is too old to be a dependant, at the age of 19.

 

[Ailyn]

You can reapply once the child is too old to be a dependant, at the age of 19.

Thank you zardoz, my husband's working permit will expire Oct 2015, if in case our PR application is refused, will his working permit renewal get affected?

 

[zardoz]

Thank you zardoz, my husband's working permit will expire Oct 2015, if in case our PR application is refused, will his working permit renewal get affected?

I would not have thought so. It will be assessed based on the rules in operation at the time of his renewal.

 

[ragluf]

All they could attempt to do would be to change the child to non-accompanying. However, as Scylla states, it will make no difference to the application. Any inadmissible family member makes the whole family inadmissible, regardless of whether they are accompanying or non-accompanying.

@zardoz, scylla:

Would putting the child as "non-accompanying" and then appealing the fairness letter - that excessive demand will not apply with the child not immigrating (at this time) - be an option in this case, such that there is no impact to the on-going application for the remainder of the family?

.../atb

 

[canuck_in_uk]

@ zardoz, scylla:

Would putting the child as "non-accompanying" and then appealing the fairness letter - that excessive demand will not apply with the child not immigrating (at this time) - be an option in this case, such that there is no impact to the on-going application for the remainder of the family?

.../atb

It doesn't matter if the child is non-accompanying; the entire app will be refused. If CIC allowed the principal applicant to remove the medically inadmissible child from the app, it would proceed as normal and he (and the other dependents) would become PRs. At that point, he could immediately sponsor that child under the Family Class, which is exempt from the excessive demand rules, thereby circumventing the proper process that is intended to prevent a burden on Canada's healthcare and social systems. The "one is inadmissible, all are inadmissible" rule prevents such a loophole.

 

[ragluf]

It doesn't matter if the child is non-accompanying; the entire app will be refused. If CIC allowed the principal applicant to remove the medically inadmissible child from the app, it would proceed as normal and he (and the other dependents) would become PRs. At that point, he could immediately sponsor that child under the Family Class, which is exempt from the excessive demand rules, thereby circumventing the proper process that is intended to prevent a burden on Canada's healthcare and social systems. The "one is inadmissible, all are inadmissible" rule prevents such a loophole.

Aha - that clarifies it perfectly. Thank you for linking these to the scope and intent of the "one is inadmissible, all are inadmissible" rule.

.../atb

 

[mrkris]

hello everybody, i was alarmed from ailyn post last july 8. I have a daughter diagnosed with global developmental delay and she is already 22 yrs. old. we are already on the process of waiting for our PR, the Canadian Embassy started processing our papers last march 25, 2014. To scilla, zardoz, ragluf and mannman, in your honest opinion, do you think we have a chance of getting our permanent visa. We are under MPNP (general stream).

 

[zardoz]

hello everybody, i was alarmed from ailyn post last july 8. I have a daughter diagnosed with global developmental delay and she is already 22 yrs. old. we are already on the process of waiting for our PR, the Canadian Embassy started processing our papers last march 25, 2014. To scilla, zardoz, ragluf and mannman, in your honest opinion, do you think we have a chance of getting our permanent visa. We are under MPNP (general stream).

We can't answer that, as the case will depend entirely on the medical assessment. You are actually in a different position because if you were refused, you could possibly immediately reapply excluding your daughter as she would now possibly not qualify as a dependent from August 1st onwards. You will just have to wait for more processing on your PR application to be done before you can start to plan.

 

[hfinkel]

It doesn't matter if the child is non-accompanying; the entire app will be refused.

In our case, there was an initial possibility that our adult dependent children would have declined to participate in the medical or police certificate submission. In that case, according to an immigration attorney we consulted, we had the option of sending a letter stating their intention not to participate. While they would remain on our application, they would be removed from a "number of visa candidates in app" count and would no longer be considered.

As someone has also mentioned on the thread, it would also exclude them from future consideration. But for an adult dependent, I don't know how they could be considered in the future given they cannot even be applied for after they reach the age of 22 (has the age already officially be reduced to 19?). So this whole matter of making it possible to apply for them in future seems moot, doesn't it?

In any case, one possible option if there is a dependent who may be a bit of a risk is to list them as non-accompanying and the applicants are sure that they will not want/need to immigrate in future, then they could just decline the medical, police certificate or any other incriminating information. Then, submit the affidavit declaring that they refuse to participate with the application processes thereby excluding them yet protecting the admissibility status of the remaining applicants in the family.

In our case, in the end our adult dependent children opted to complete the Medical and Police Certificates but still seem unlikely to accompany us even tho we changed them to "Accompanying" while we were in Application Received state.

 

[canuck_in_uk]

In our case, there was an initial possibility that our adult dependent children would have declined to participate in the medical or police certificate submission.

In any case, one possible option if there is a dependent who may be a bit of a risk is to list them as non-accompanying and the applicants are sure that they will not want/need to immigrate in future, then they could just decline the medical, police certificate or any other incriminating information. Then, submit the affidavit declaring that they refuse to participate with the application processes thereby excluding them yet protecting the admissibility status of the remaining applicants in the family.

If an adult refuses to participate in the app or the custodial parent of a minor declines permission for their child to participate in the app, then CIC will recognize that as a genuine legal barrier preventing an applicant from including that family member and will allow the applicant to exclude that person from the app. Such would have been the situation for you with your adult children.

That situation obviously doesn't apply to the OP, as the child was included and underwent the medical; it sounds like the OP and spouse have custody of the child. There wouldn't have been, and still isn't, any legal barrier preventing them from including the child in the app.