Dependent children - help needed please :(

[taffy7]

Thought we had all the paper work down packed , but the new law of the dependent child changing in Jan, didn't happen .

Totally confused on what got to be filled in . We are getting his medical done and a police clearance. He is not coming to Canada with his dad he is 20 years old and wants to stay in the U.K.

We have filled out the form additional family information, and it looks like we have to fill out Additional dependents too .

I'm looking at this and thinking that he the dependent will have to fill out the Additional family information himself . So the question is can any one tell me what i am missing . I feel like i am missing something ,and feeling very stressed tonight.


We are applying out land ,London office ..My husband is using the IMM3901E FORMS

 

[taffy7]

I have been searching all night and i have come up with some answers, just need some confirmation.
1) dependent under 22 is not coming to Canada , so he doesn't need a criminal check or a medical, just needs to fill out the additional family form.

 

[wowsers]

Hi. Am intrigued by the Welsh dragon and the pseudonym and in the interests of solidarity have been checking your previous posts to ensure that I have the facts right. As I understand it wife is dual nationality UK and Canadian, living in Canada and is the sponsor, husband is UK national currently living in UK and is the applicant for pr. You are married, fairly recently, for the second time. Against that background I am still confused about the under 22 year old son (who's son?), living in the UK but query UK or Canadian national or possibly both? Unless he has Canadian nationality he needs (but only if he is within the definition of a dependant in the Guide) a medical even if he is not immigrating to Canada: see IMM 5491 (Western European checklist) para 27. You got it right in your post dated 26 September 2013 and I do not understand why you now conclude that he does not need a medical: conclusion after a sleepless night? Not sure about criminal check: I have no dependants and so have never had to research the issue. If you want me to look it up, pm me.

 

[taffy7]

Hi. Am intrigued by the Welsh dragon and the pseudonym and in the interests of solidarity have been checking your previous posts to ensure that I have the facts right. As I understand it wife is dual nationality UK and Canadian, living in Canada and is the sponsor, husband is UK national currently living in UK and is the applicant for pr. You are married, fairly recently, for the second time. Against that background I am still confused about the under 22 year old son (who's son?), living in the UK but query UK or Canadian national or possibly both? Unless he has Canadian nationality he needs (but only if he is within the definition of a dependant in the Guide) a medical even if he is not immigrating to Canada: see IMM 5491 (Western European checklist) para 27. You got it right in your post dated 26 September 2013 and I do not understand why you now conclude that he does not need a medical: conclusion after a sleepless night? Not sure about criminal check: I have no dependants and so have never had to research the issue. If you want me to look it up, pm me.


Yes wowers you are right i am just that lol . The son is my step son who is British born .I am just waiting for my marriage certificate to come in to apply . We were waiting also for the law to change in January because he said he didn't want to come . I was just looking at saving some money as the medical in the U.k is double the cost from Canada,then i doubted myself about his medical and criminal check.I read a post saying he didnt need it because he wasn't coming.

 

[Alurra71]

He will need to have the medical done, however, he will not have to have the police clearance done as he is not accompanying.

I have a few questions though, does he have a girlfriend? In a serious relationship? Living outside of his parental home?

The only reason I mention this, is because my daughter, who was 20 at the time I was ready to send my paperwork, was engaged and living with her fiance at the time. I included a letter stating that she was engaged and would be getting married before my paperwork was completed and that she would not be coming with me. She did not do any medical forms, nor did she fill out any paperwork. There was never a question from the VO regarding her status. I suppose they may have checked up on it, because I did write her down in my 'family' paperwork but not that I am aware of. Just some thoughts for you this lovely Sunday morning.

Just make sure you and he are both fully aware that one that paperwork is filed and his dad leaves the country, he is FOREVER excluded from 'family class' to come to Canada and if he so chooses later that he will have to immigrate on his own merits.

Good luck.

 

[taffy7]

He lives with his mum ,has a girlfriend but don't live with her .I thought if he does the medical and criminal check and he is under 22 his dad could still sponsor at a later date even if he don't come with him at this time. ( no children) he is a fulltime student but my husband does not support him financially.

 

[Alurra71]

He lives with his mum ,has a girlfriend but don't live with her .I thought if he does the medical and criminal check and he is under 22 his dad could still sponsor at a later date even if he don't come with him at this time. ( no children) he is a fulltime student but my husband does not support him financially.

He only needs to have his medical done for his dad to sponsor him in the future. He would only need a criminal check if he were ready to come with his dad now.

My above response was in regards to if you wanted to step 'around' this issue. But since he doesn't appear to have an even close case as my daughter, then it wouldn't apply here anyway. Anyway, as I stated, he ONLY needs to have a medical done if he is not accompanying now.

 

[taffy7]

He only needs to have his medical done for his dad to sponsor him in the future. He would only need a criminal check if he were ready to come with his dad now.

My above response was in regards to if you wanted to step 'around' this issue. But since he doesn't appear to have an even close case as my daughter, then it wouldn't apply here anyway. Anyway, as I stated, he ONLY needs to have a medical done if he is not accompanying now.

Thank you i will arrange that to be done.No more doubting myself.I am so paranoid about getting these forms correct just like every one else.Will be happy when its all sent off .My husband is allergic to paper work so i have prepared most of the application .

 

[Alurra71]

*snip* My husband is allergic to paper work *snip* .

LMFAO at this part of your response. I think most are!

 

[canuck_in_uk]

He will need to have the medical done, however, he will not have to have the police clearance done as he is not accompanying.

Alurra71, why is it that you think a non-accompanying dependent does not require a criminal check?

All dependents included in the application must submit the relevant police clearances. CIC does not distinguish between accompanying and non-accompanying in that regard.

 

[Alurra71]

Alurra71, why is it that you think a non-accompanying dependent does not require a criminal check?

All dependents included in the application must submit the relevant police clearances. CIC does not distinguish between accompanying and non-accompanying in that regard.

When I was doing my application I was informed if the dependent was not accompanying then the police certificate was not needed as they will not be security and criminally checked. They would however need to do those certificates if and when they were ever to be sponsored.

 

[canuck_in_uk]

When I was doing my application I was informed if the dependent was not accompanying then the police certificate was not needed as they will not be security and criminally checked. They would however need to do those certificates if and when they were ever to be sponsored.

That was incorrect advice. Whether a dependent is accompanying or not, CIC still requires the applicable police certificates and runs the security checks.

From OP 2 - Processing Members of the Family Class - Section 5.10 - Non-Accompanying Family Members

Non-accompanying family members must undergo medical examinations. They must also establish that they are not inadmissible for criminal or security reasons.

 

[nervousme]

When I was doing my application I was informed if the dependent was not accompanying then the police certificate was not needed as they will not be security and criminally checked. They would however need to do those certificates if and when they were ever to be sponsored.

Allurra71 I think you may be right from all that I have read. We are going threw a process in regards to a non accompannig minor and we were also told if the child is not accompannig only Medicals are needed. And when they recently requested Info from us for the. Hold they only requested birth certificate, Medicals and recent pictures at this time. Crime checks are done when and if they child is to come to Canada from what I have been told.

I do have a question thou. What if after being I touch with the other child's Parent ( in our case mom ) who the child lives with and mom has full costudy of the child refuses to take the child for Medicals ?
We have sent her the request and at first she agreed to take the child but has since Changed her mind.
We have it in writing via email correspondence that she does not want to take the child.
What will happen now? I know we need to send this to the officer processing our file. But will they want anything else ? We will still send the birth certificate as requested since we have a copy of it.
Can they refuse our file? Or will they delay it ? It's so sad that the other parent doesn't see they are denying there own child of something. Any info or help is greatly appreciated.

 

[canuck_in_uk]

Allurra71 I think you may be right from all that I have read. We are going threw a process in regards to a non accompannig minor and we were also told if the child is not accompannig only Medicals are needed. And when they recently requested Info from us for the. Hold they only requested birth certificate, Medicals and recent pictures at this time. Crime checks are done when and if they child is to come to Canada from what I have been told.

I do have a question thou. What if after being I touch with the other child's Parent ( in our case mom ) who the child lives with and mom has full costudy of the child refuses to take the child for Medicals ?

Your previous posts indicate that your stepchild is still a minor. Police checks aren't required for anyone under the age of 18. The OP's stepchild is 20 years old and therefore requires the police check.


If the mother refuses to take the child for a medical, it doesn't result in an automatic refusal for your application. You need to show CIC that you made every effort to have her consent to the medical; use the emails that you have from her. If the mother has sole custody and your husband has no access to the child to take her for the medical, include the custody papers to show that. Your husband should get a notarized letter stating that he understands that without the medical, his child will be forever excluded from the family class, so he will never be able to sponsor the child in future.

 

[nervousme]

Your previous posts indicate that your stepchild is still a minor. Police checks aren't required for anyone under the age of 18. The OP's stepchild is 20 years old and therefore requires the police check.


If the mother refuses to take the child for a medical, it doesn't result in an automatic refusal for your application. You need to show CIC that you made every effort to have her consent to the medical; use the emails that you have from her. If the mother has sole custody and your husband has no access to the child to take her for the medical, include the custody papers to show that. Your husband should get a notarized letter stating that he understands that without the medical, his child will be forever excluded from the family class, so he will never be able to sponsor the child in future.

Makes sense than if her child is not a minor to have to undergo crime checks.

We will send everything we have. My spouses custody agreement states he can take her for vacation once a year. Something along those lines. Courts always favour the mom where he is from even his lawyer said he had no chance in getting joint custody since They have lived in different countries for many years and we're never married. He loves that child to death and he will do all he can for her. He downs t want to give up her right to come here if the child ever chooses to or if anything ever happens to the child's mother. So if the mother does not agree to take the child for Medicals is there anything we can do ? I would hate for something to happen in the future and her needing a parent. Is the only thing left for us to do is forfeit the child's right?