Dependents ??

[TracyCa64]

Hello!
I have a question regarding dependents for my PR application. I am confused about listing my children as dependents. They are not in Canada, live with their Father in California and will not be applying for residency.
I know that my 22 year old son wouldn't be considered a dependent, but my other son is 18 so he falls in the category of a dependent.
Is it true that I will need to add him as a dependent and I have to submit a medical for him as well? He will be attending college in the Fall and will be working as well.

I am trying to have my application ready to mail out next month some time and this info will help me figure out if I have time.
I am just confused why I need to list him if he isn't going to be sponsored or have plans to "move" to Canada.

Thank you in advance
Tracy

 

[DuberBlue]

The 22 year old does not need to be listed as a dependent. The 18-year old should still be listed as a dependent, even if they are in full custody of the other parent. This is simply to maintain a truthful application.

It is recommended to also have him examined; however, not doing so will not impede your own application. What it WILL do is make it nigh impossible for you to sponsor him at any point in the future. Think VERY carefully before proceeding

Also, bear in mind you would still list both children on the "Additional Family Members" form as part of your application.

 

[TracyCa64]

Thank you DuberBlue! I appreciate you taking the time to help me.

For his medical exam there are no panel physicians nearby. Would it be okay to include the medical exam results with an explanation? I highly doubt I would be sponsoring him, but even if I submitted a non panel physician exam would be better than nothing, right? Then if something came up where I did sponsor him in the future, he could have an exam by a panel physician here in Canada.
Why do they make it so hard? LOL

Smiles..

 

[scylla]

Thank you DuberBlue! I appreciate you taking the time to help me.

For his medical exam there are no panel physicians nearby. Would it be okay to include the medical exam results with an explanation? I highly doubt I would be sponsoring him, but even if I submitted a non panel physician exam would be better than nothing, right? Then if something came up where I did sponsor him in the future, he could have an exam by a panel physician here in Canada.
Why do they make it so hard? LOL

Smiles..

A non-panel physician examination will be treated the same as doing nothing. The exam needs to be completed by a panel physician.

 

[canuck_in_uk]

but even if I submitted a non panel physician exam would be better than nothing, right? Then if something came up where I did sponsor him in the future, he could have an exam by a panel physician here in Canada.
Why do they make it so hard?

As scylla said, a non-panel physician medical counts for nothing. Have him travel to a Panel Physician to undergo the medical.

 

[TracyCa64]

The nearest Panal Physician is 4 or more hours away. I doubt he will want to travel that far for an exam.
Is this exam so that he might be sponsored while he is considered a dependent? I know for sure that won't be happening as he is attending college full time in California. Does anyone know that if let's say 10 years from now he wanted to come live here, wouldn't he need a current physical anyway? I guess I am just questioning why if I don't send an exam now it would make it so he could never come here to live. Again, I really do not see that happening ever. I am just wondering.

Thank you!

 

[canuck_in_uk]

The nearest Panal Physician is 4 or more hours away. I doubt he will want to travel that far for an exam.
Is this exam so that he might be sponsored while he is considered a dependent? I know for sure that won't be happening as he is attending college full time in California. Does anyone know that if let's say 10 years from now he wanted to come live here, wouldn't he need a current physical anyway? I guess I am just questioning why if I don't send an exam now it would make it so he could never come here to live. Again, I really do not see that happening ever. I am just wondering.

What will happen if he doesn't have the exam is that CIC will tell you that he must go have a medical. He is legally a dependent and therefore, by law, must be examined if you want to immigrate. They will just keep requesting his medical and put your app on hold while waiting for it.

If he still refuses to have the medical, you will be required to submit proof of his refusal, such as a notarized declaration. You will also need to submit your own notarized declaration stating that you understand that by not doing the medical, he is forever excluded from the Family Class. CIC does not like excluding dependent children, so expect significant delays for your application if you go this route.

Or just have him get the medical done.

 

[scylla]

Or just have him get the medical done.

Or wait until he turns 19 at which point he will no longer be classified as a dependent.

 

[Rob_TO]

What it WILL do is make it nigh impossible for you to sponsor him at any point in the future. Think VERY carefully before proceeding

He is already 18 years old, so most likely he will be 19 by the time her application is approved and she lands as PR. So even if he was medically examined and declared as a non-accompanying dependent, he would be impossible to sponsor anyways in the future since he would be aged 19 very soon.

In this case, he has 1 shot to apply for PR under family class and that is along with his mom right now. If he has no intention to apply now, then whether he's medically examined or not is pretty much irrelevant.

In this case I would submit a declaration from the son he has no intention to apply for PR and refuses to get the medical, and from the mom that she fully acknowledges that not getting his medical will bar him from being sponsored in the future (which is mostly irrelevant anyways).

 

[TracyCa64]

He just turned 18 on Aug 5th. I will be submitting my application next month. Do you think it is possible that by the time I am approved it will by the time he is 19? (August 2016?) I will be applying on the Outland application.
I just hate making him drive so far away for the medical exam when he isn't planning on coming to live here. Grrr... lol

 

[DuberBlue]

Yeah, I was having brain cramps and was completely overlooking the fact that he was on the cusp of being a non-dependent, which would render it moot anyways. I would trust Rob_TO's judgment here.

 

[Rob_TO]

He just turned 18 on Aug 5th. I will be submitting my application next month. Do you think it is possible that by the time I am approved it will by the time he is 19? (August 2016?) I will be applying on the Outland application.
I just hate making him drive so far away for the medical exam when he isn't planning on coming to live here. Grrr... lol

The only date that matters for an app and dependents, is the date the app was submitted. Any age of a dependent is locked in at that time, so even if it takes years for the app to process and the child turns 19 or over, they are still considered a dependent based on the date the app was submitted. They only must re-qualify to become a dependent after you get your PR status so your app is considered closed... and you then submitted a brand new app to sponsor them (which you won't be doing).

In your case, your son will definitely meet the criteria of a dependent despite if app is still in process after Aug 2016. So what other's mentioned above still applies, that CIC may give you a hard time in trying to insist he takes a medical.

So as I said, just get in front of the situation and include his declaration he has no intention to immigrate and refuses to take the medical, and your acknowledgment of what that means. Others have done this and have not seen any issues in their processing. Plus he is so close to the cut-off age anyways that CIC may not care as much vs if he was a young child.

 

[canuck_in_uk]

Others have done this and have not seen any issues in their processing. Plus he is so close to the cut-off age anyways that CIC may not care as much vs if he was a young child.

I wouldn't say no issues, as excluding a dependent is quite serious and does result in processing delays.

 

[Rob_TO]

I wouldn't say no issues, as excluding a dependent is quite serious and does result in processing delays.

Not for everyone. I've seen posts from people who excluded dependents and after submitting declarations as mentioned above, CIC simply continued processing the app without them included, with no delays other than the time it took to respond to CIC.

Others have indeed faced delays, but really each situation is different. If OP submits all the declarations upfront and due to higher age of the dependent, there's a good chance there may not be any delays or issues.

 

[TracyCa64]

Hello!!

I just wanted to give an update on this subject in case it might help someone else. My son was 18 at the time that I sent in my PR Outland application. He will be 19 in August 2016. I was concerned that there may have been a problem with not having him get a medical exam as stated on CIC's website, all dependents need to have medical exams. Here is what I did.
I listed him as a dependent (non-accompanying) I sent him all the forms that he needed to complete as my dependent and he sent them back signed and completed. I also had him type up a declaration letter stating that he will not be coming to Canada now or in the future. He basically stated that he was in school full time and working. He also was very close to becoming Common Law with his g/f. He had the form notarized.
I also typed up a declaration letter stating that I will not be sponsoring him at any time and know that I would not be able to sponsor him in the future without him sending in a medical exam. I had this letter notarized as well.

I know that his age and circumstances were probably a factor, because he was so close to being 19 years old. I just thought this might help someone else who is in a similar circumstance. I know that everyone's situation is different and might not have the same outcome, but wanted to share this.

My PR application was approved and there was no problem with what I sent in for my son.

A big THANK YOU to everyone on this thread who helped me with this. When I think back to this I remember how worried I was and how everything was unknown to me. I appreciate all of your help!!

Smiles!!