pinkgeek said:
Hey all!
I'm new to the thread but have been reading all the comments for a while!
My husband is from the USA and I'm a Canadian citizen. We did an inland app.. AOR August 2015! We originally sent our package in April of 2015 but it was sent back to us because my husband's daughter was not listed on the app. She is not coming to Canada. He does not have custody nor access nor does he pay support (This was his ex's request if he ended up staying in Canada). We attached the custody agreement filed with the US courts but they still required us to add her as his dependant (even though she is 100% not a dependant).
We added her as required, sent it back with a letter reiterating that she is NOT coming to Canada and we do not have any access or custody of her.
Well yesterday my husband got the medical check request (which is exciting!) BUT we also received one for his daughter!!!!
1) What's the best way to inform CIC that she really isn't coming to Canada and therefore does not need a medical check lol
2) Will this have any bearing on our application? I am worried that when we clear up the fact that she isn't coming, it will screw up the entire application or something??
Ugh. This is all so scary!! Any advice is awesome!! Thank you guys!
Unfortunately you are stuck here, I am afraid. The rules (IRPA states it as law) state he must identify any children of his, accompanying or not. This also means they must examine those children for admissibility while processing his application. This includes a medical and could include an interview as well.
Failure to disclose would be misrepresentation. Failure to submit to examination would result in longer processing times. If his ex fails to submit his daughter to examination, then she will be forever excluded from family class sponsorship in the future.
The logic is: if there is a material change in circumstance, and she may require to depend on her father or seek entry, that she has been examined. They don't want to process the same people over and over. That would be a waste of resources.
In this case, they know she isn't coming. But she still needs to be examined. So he should try to explain this to his ex. It's a formality and means little to their daughters' situation for now.
Sorry for the bad news. I hope it helps. Best of luck!