Excluding Dependent?

[FamilyOfSix]

Hi

I am sponsoring my wife. She is already in Canada and has been here for 5 years. We had a PR application rejected one time already, and we are about to submit another application this week.

The reason we were rejected previously stems from a child my wife had when she was 16. We listed him as a non-accompanying dependent. When it came time to get medicals done, his father did not expect it and was unwilling to allow it. We had communicated it to the Officer with an affidavit that we would like to have him removed from the application, but it wasn't good enough for the Officer. They wanted additional information to prove there was just reason for the child (now almost 18 years old) to not go to the doctor. We could not get that info and our application was lost.

Bottom line is, we want to submit a new application, can we omit him from the new application completely? Or what would be recommended?

Additional information:
-He was unofficially adopted by my wife's parents (He shows up on their family card, not my wifes)
-He has no birth certificate
-He has no Passport
-We do send money monthly to support him

 

[andrew3081]

What country is the kid from?

 

[armoured]

I believe that you do have to declare him as a dependent child even if already 18, the immigration law treats as dependents until 22 (save for cases where the dependent is married etc). In addition the money that is sent to support him gives some additional support to point that he is a dependent.

A lawyer or someone with more experience may be able to see if there is a way to 'disavow' the dependency aspect (which might involve steps like having the parents formally adopt); some of these will be conditional upon documentation and local customs/legal procedures. I do not know, for example, whether the boy - once 18 - can 'renounce' his parentage and any claims arising from that (would he be willing to anyway?).

Obviously given the previous applicaiton whatever you do would have to be watertight and will still be subject to extra review to confirm everything.

Honestly your best option is to declare the child as a dependent and convince the father/boy to take the medical and provide other documentation, even if that seems a challenge now. (His ability to get documentation such as birth certificate aside, again depends on country or origin).

 

[Buletruck]

Omitting him would be pretty blatant misrepresentation and would probably end up with your wife banned from Canada for 5 years. IRCC already knows of her child. If they are 18, they should be able to make their own decision to submit for examination. Otherwise have the child submit a notarized letter stating they are aware they can never be sponsored if removed.

 

[scylla]

Hi

I am sponsoring my wife. She is already in Canada and has been here for 5 years. We had a PR application rejected one time already, and we are about to submit another application this week.

The reason we were rejected previously stems from a child my wife had when she was 16. We listed him as a non-accompanying dependent. When it came time to get medicals done, his father did not expect it and was unwilling to allow it. We had communicated it to the Officer with an affidavit that we would like to have him removed from the application, but it wasn't good enough for the Officer. They wanted additional information to prove there was just reason for the child (now almost 18 years old) to not go to the doctor. We could not get that info and our application was lost.

Bottom line is, we want to submit a new application, can we omit him from the new application completely? Or what would be recommended?

Additional information:
-He was unofficially adopted by my wife's parents (He shows up on their family card, not my wifes)
-He has no birth certificate
-He has no Passport
-We do send money monthly to support him

No - you cannot omit him. That would be misrepresentation (lying in the application).

You need to list him as a dependent and then request that he be excluded from the application by IRCC since you cannot obtain a medial. Your wife should include an affidavit stating she cannot get this dependent to do a medical and that she understands this means he can never sponsor him in the future. There are a number of threads here dealing with excluding dependents based on being unable to complete a medical.

 

[FamilyOfSix]

Excellent responses and all are most appreciated! Will definitely include him on the application. I don't want to have any issues, nor have my wife banned and that was my instinct as well. We will try again, and this time ensure that we get him taken to the doctor (it is not going to be an easy task).