Dependents of Spouse sponsored can't get the exams done

[Jeff_Ranger]

Hi Folks, I got married in august and my wife in a Canadian citizen. we were doing our application and collecting every information we could to proof our relationship is genuine.
Everything was going really fine till we came across the Medical exam for me and my daughter. I did my exam but my daughter is 5 years old and she was born in Boston and her mom is a Brazilian and when My daughter was 2 year old she travel to brazil with her mom and she never came back to the states! I have been in court countless time but nothing that i can do to bring her back! I asked her mom to take my child to get the exams done in Brazil and she is refusing and she wont do it! We share Legal Custody of child and she has the physical custody of Child. I live in mississippi and the jurisdiction of court is in Boston. I heard that I can give the mom Sole custody and be okay if she does no do the exams but I cant even serve her to do any changes on the Custody matter cause she is in Brazil and she will never come back here to States to attend the court!
I NEED HELP if it will mess up my application when I file without my daughter exams! I wrote a letter and asking forgiveness that i can get to my daughter or get het to do the exams. please Can anybody tell me how serious it will be...
thank you so much!

 

[Alurra71]

Hi Folks, I got married in august and my wife in a Canadian citizen. we were doing our application and collecting every information we could to proof our relationship is genuine.
Everything was going really fine till we came across the Medical exam for me and my daughter. I did my exam but my daughter is 5 years old and she was born in Boston and her mom is a Brazilian and when My daughter was 2 year old she travel to brazil with her mom and she never came back to the states! I have been in court countless time but nothing that i can do to bring her back! I asked her mom to take my child to get the exams done in Brazil and she is refusing and she wont do it! We share Legal Custody of child and she has the physical custody of Child. I live in mississippi and the jurisdiction of court is in Boston. I heard that I can give the mom Sole custody and be okay if she does no do the exams but I cant even serve her to do any changes on the Custody matter cause she is in Brazil and she will never come back here to States to attend the court!
I NEED HELP if it will mess up my application when I file without my daughter exams! I wrote a letter and asking forgiveness that i can get to my daughter or get het to do the exams. please Can anybody tell me how serious it will be...
thank you so much!

If you don't have your daughter medically examined, that will mean that if something were to ever happen to her mother you would never be able to bring your daughter to Canada. You must try to get your ex wife to at a very minimum have your daughter medically examined just to leave the ability there in case you should ever need it. Explain to your ex this is in the best interests of your daughter.

If your ex still refuses to have your daughter examined you will likely eventually get your PR but it is going to be a long journey and will require a lot of effort on your part to get the application approved without having your daughter examined. CIC is very reluctant to 'cut off' your ability to ever bring your child to Canada with you so they put up a lot of obstacles and hoops for your to jump through.

Just a heads up, that you can have your custody agreement changed without your ex wife showing up in court. If she doesn't show up, then it is usually defaulted in your favor. Just have a process server give her the necessary papers where she lives in Brazil.

Good luck.

 

[Jeff_Ranger]

Thank you so Much. It is just so frustating cause this is something so Simple and her Mother seems that wants to just to cause damage to my life!

 

[Jeff_Ranger]

In another note! What if I dont Include my daughter in the Application??? I already know that i will never bring her to Canada cause her mom won't agree with her coming to canada anyways, not even to visit me! Is it legal no to put her on application?

 

[MilesAway]

You must include your child. If you don't, then that's misrepresentation (a crime, which has some serious penalties if CIC chooses to go that route), and a 5 year ban from Canada.

 

[RYIT]

I am going through a similar situation and have been advised that the best thing to do is:

1. You provide a Custody Order, which states clearly, that your ex-spouse has had sole custody of that dependent child (if this is the case).

2. You prepare a Statutory Declaration, in which you did everything in your power to get her to cooperate with the Canadian Immigration laws to have the medical for your child completed. Explain the reasons for your decision and that you understand, that by not having the medical, your child will be forever excluded from the Family Class and you will be unable to sponsor her in future. Date the letter and put in bold above the letter, what it is: Statutory Declaration.

You need to prove ex-spouse refuses to allow the child to be examined and that you the applicant cannot make the child available for examination. CIC wants to be confident that you the applicant are simply choosing not to have the child examined for your own personal reasons or because the child's health may make you ineligible for PR.


If you can document the mothers refusal for her to have to medical in writing, include that as well.


Below is from the CIC rep resource manual:

OP 2 Processing Members of the Family Class

If these family members are genuinely unavailable or unwilling to be examined, the consequences
of not having them examined should be clearly explained to the applicant and reflected in the
CAIPS notes. Officers may wish to have applicants sign a statutory declaration indicating they
understand the consequences of failing to have the family member examined.
See also section 5.12, Exclusion from membership in the Family Class – R117(9)(d), R117(10)
and R117(11) below.

5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former
OM OP 03-19)

Under both the previous legislation and under IRPA, both the applicant and the applicant's family
members, whether accompanying or not, must meet the requirements of the legislation. There are
no exceptions to the requirement that all family members must be declared. With few exceptions,
this also means that all family members must be examined as part of the process for achieving
permanent residence.

Officers should be open to the possibility that a client may not be able to make a family member
available for examination. If an applicant has done everything in their power to have their family
member examined but has failed to do so, and the officer is satisfied that they are aware of the
consequences of this (i.e., no future sponsorship possible), then a refusal of their application for
non-compliance would not be appropriate.

Officers must decide on a case-by-case basis using common sense and good judgment whether
to proceed with an application even if all family members have not been examined. Some
scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be
examined or an overage dependant refuses to be examined. Proceeding in this way should be a
last resort and only after the officer is convinced that the applicant cannot make the family
member available for examination. The applicant themselves cannot choose not to have a family
member examined.

The intent of R117(9)(d), R117(10) and R117(11) is to ensure that persons whom the sponsor
made a conscious decision to exclude (either by not declaring and/or not having the persons
examined) from their own application for permanent residence cannot later benefit by being
sponsored by this same person as a member of the family class.

 

[scylla]

In another note! What if I dont Include my daughter in the Application??? I already know that i will never bring her to Canada cause her mom won't agree with her coming to canada anyways, not even to visit me! Is it legal no to put her on application?

As others have said, you must list your daughter on your application. Failure to do so is misrepresentation which is punishable by a 5 year ban from Canada. You have no choice but to list her.

 

[Rob_TO]

In another note! What if I dont Include my daughter in the Application??? I already know that i will never bring her to Canada cause her mom won't agree with her coming to canada anyways, not even to visit me! Is it legal no to put her on application?

So what would you do if something happened to the mom?

 

[canadianwoman]

The mother may be scared that if she permits the exam, her daughter will be taken away. Try explaining that this is not the case, that having the medical done now will just mean you could apply to sponsor the child later if something happens to the mother. If she is not examined now you will never be able to sponsor her, even if the mother dies or the child wants to go to school in Canada when she is older.
If you are still close to any of her relatives, enlist them to help you reassure the mother you won't and can't take the child without her permission, but that having the medical done is in the child's best interest.

 

[Jeff_Ranger]

She is Not Scare.. She is just a BAD person all around! she Took my daughter aways from the States to BRASIL with out me knowing and she never came back! I have battle in court but nothing I cant do because USA and BRAZIL don't have any extradition agreement. The only thing I got was the judge to cancel the child support which i do now on my own because I care about her health and education.