Inland Application - Medical exam for dependent

[mp8472]

I'm a Canadian citizen sponsoring my partner under the Family Class (Inland Common-law)

The application was submitted back in 2016, and everything has passed except the medical exam for her non-accompanying daughter. Right now, her father is being very uncooperative and will not allow the medical exam, and is really just ignoring any requests from us at this point. He claims he has full custody of her, but there are no court documents stating that. The marriage was just dissolved with a shared parenting plan stating that he is the residential parent, and CIC wants something spelling out 'sole custody'. We've tried everything short of actually going to court, and we are in the process of doing that now.

Time really isn't on our side at this point though. Ultimately, CIC has given us 30 days, and we're down to about a week now, and I suspect they may deny the application at this point. I'm just trying to gather any options I may have.

Her daughter is 17 at this point, so in 5 years, I believe we could exclude her from the application. If it's hopeless, we may just go to another country until we can apply again.

Any advice?

 

[Miraclejj]

I'm a Canadian citizen sponsoring my partner under the Family Class (Inland Common-law)

The application was submitted back in 2016, and everything has passed except the medical exam for her non-accompanying daughter. Right now, her father is being very uncooperative and will not allow the medical exam, and is really just ignoring any requests from us at this point. He claims he has full custody of her, but there are no court documents stating that. The marriage was just dissolved with a shared parenting plan stating that he is the residential parent, and CIC wants something spelling out 'sole custody'. We've tried everything short of actually going to court, and we are in the process of doing that now.

Time really isn't on our side at this point though. Ultimately, CIC has given us 30 days, and we're down to about a week now, and I suspect they may deny the application at this point. I'm just trying to gather any options I may have.

Her daughter is 17 at this point, so in 5 years, I believe we could exclude her from the application. If it's hopeless, we may just go to another country until we can apply again.

Any advice?

Actually your situation isn't unique. Since the father isn't cooperative, and if you really want you case move forward, the only option for you is to gather all the information to show CIC that you tried everything you can, but you cannot get what CIC requested. At some point, the CIC will require your wife to sign a document to exclude her daughter from the application (Which means you and your wife can never sponsor her daughter forever.) If that is what you want, you certainly can get it done.

 

[mp8472]

Actually your situation isn't unique. Since the father isn't cooperative, and if you really want you case move forward, the only option for you is to gather all the information to show CIC that you tried everything you can, but you cannot get what CIC requested. At some point, the CIC will require your wife to sign a document to exclude her daughter from the application (Which means you and your wife can never sponsor her daughter forever.) If that is what you want, you certainly can get it done.

Thanks. If we could get the medicals done, that would be ideal. But I feel like time is just running out. How long will CIC let the whole legal situation play out, considering the application has been active for almost two years? Would they likely give us enough time to go that route?

 

[Miraclejj]

Thanks. If we could get the medicals done, that would be ideal. But I feel like time is just running out. How long will CIC let the whole legal situation play out, considering the application has been active for almost two years? Would they likely give us enough time to go that route?

Unfortunately nobody here can tell you how long it will be. If you and your wife had made your mind to exclude her daughter forever, then you can gather all the documents and information, including any communication with the father regarding this issue and any proofs to show CIC that it is not your side to prevent its happening, then submit those evidences to CIC.
One thing you have to know that once your wife signs the form to exclude her daughter, there will be no other way to reverse it. Her daughter will be excluded as your family member forever, under any circumstances.

 

[apatel86]

Hey all,
I have got similar situation.
I have non accompanying dependent age 3 listed in my application. He lives with his father -my ex in Australia. I have applied inland PR application based on spousal sponsorship as I m remarried. IRCC has requested my son’s medical along with mine. His medical request form states my postal address of canada. I can see that as one issue but not sure??Now we don’t have custody arrangements but we have court order with liberty of both of us to take decisions when child is in resepective care. I have decided not to see my child since he was 3 months, when we got separated and I am not even willing to sponsor him in future. Now when medical is requested I sent email to ex asking for child’s address and if he can go to near panel physician to complete exams. But he is totally non responsive. I sent him 2 emails asking for child address and 2 with medical forms and requesting to do so.
Can anyone please advice, as medical request form says: it needs to be completed in 30 days of request.I m worried after reading cases that dependent inadmisibility can refuse my application as well? And we haven’t got sole custody thing in place..but I m in Canada and he is in Australia.Plz advice what can I do to avoid any rejection? And what shall I do?