Medical Exam When Lost Contact with Kids: PLS HELP

[lovinggeneva]

History:

1. I divorced in 2010.
2. Through UK system, I now live in Switzerland since 2007.
3. My British American kids were taken in 2006 to LA, USA.
4. I have permission to have the kids on vacations, but my ex wife always made excuses and the kids were never allowed to visit.
5. I now do not know where the kids are, no contact details or communication to ex wife.
6. Ex wife was bipolar, so the divorce was messy.


Problem: Applying to Express Entry, Medical Exams required for kids even though they will NOT join

1. Can I still be successful without the kids medical exams as I have no access and do not know where they are in the USA. The children will not be joining me at all.


My hopes were that the children would find me once they can from age 18 onwards. I also meet the financial requirements without a problem.


Thanks in advance!

Niaz

 

[tatianatiana]

History:

1. I divorced in 2010.
2. Through UK system, I now live in Switzerland since 2007.
3. My British American kids were taken in 2006 to LA, USA.
4. I have permission to have the kids on vacations, but my ex wife always made excuses and the kids were never allowed to visit.
5. I now do not know where the kids are, no contact details or communication to ex wife.
6. Ex wife was bipolar, so the divorce was messy.


Problem: Applying to Express Entry, Medical Exams required for kids even though they will NOT join

1. Can I still be successful without the kids medical exams as I have no access and do not know where they are in the USA. The children will not be joining me at all.


My hopes were that the children would find me once they can from age 18 onwards. I also meet the financial requirements without a problem.


Thanks in advance!

Niaz

That's a very tough situation. My suggestion to you would be to get all supportive documents -- divorce papers, custody documents and write a very detailed letter of explanation. The trick is that if you are not able to get their medicals done now, you would never be able to sponsor them -- maybe, consider mentioning that in your letter of explanation.

 

[lovinggeneva]

It is quite devastating, I miss them more than the world. On top I want to move to be closer to my sister who is already Canadian and a better life in Toronto.

Thanks for the reply. All other responses are more than welcome. I was thinking as you mentioned - to get a letter with all supporting documentation. Being absolutely honest and upfront. I am not American so was never able to move there, I am British.

 

[BC4life]

I think you need to hire a lawyer for this case.

 

[tatianatiana]

It is quite devastating, I miss them more than the world. On top I want to move to be closer to my sister who is already Canadian and a better life in Toronto.

Thanks for the reply. All other responses are more than welcome. I was thinking as you mentioned - to get a letter with all supporting documentation. Being absolutely honest and upfront. I am not American so was never able to move there, I am British.

You are welcome. I hope it goes well!

 

[lovinggeneva]

I think you need to hire a lawyer for this case.

Thanks, another tough choice, or just be upfront and honest with them. Cheers

 

[Regina]

My suggestion to you would be to get all supportive documents -- divorce papers, custody documents and write a very detailed letter of explanation. The trick is that if you are not able to get their medicals done now, you would never be able to sponsor them -- maybe, consider mentioning that in your letter of explanation.

This is the only option.
There is such a thing that it CIC officer working on your file accepts your explanation he could allow to skip medical examination for your kids (but it will be HIS voluntarily decision). And then, later, if you get in contact with your kids and would like to sponsor them CIC could allow you to sponsor .
pp.12-13
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[canuck_in_uk]

Thanks, another tough choice, or just be upfront and honest with them. Cheers

There is no need to get a lawyer. CIC has seen your situation many times.

Include all court and custody documents, as well as a notarized statement explaining that you understand your children will be excluded and you will never be able to sponsor them.

 

[lovinggeneva]

This is the only option.
There is such a thing that it CIC officer working on your file accepts your explanation he could allow to skip medical examination for your kids (but it will be HIS voluntarily decision). And then, later, if you get in contact with your kids and would like to sponsor them CIC could allow you to sponsor .
pp.12-13

THANK You so much, brilliant help and a very smart... (sigh of relief really a huge one!)

 

[lovinggeneva]

There is no need to get a lawyer. CIC has seen your situation many times.

Include all court and custody documents, as well as a notarized statement explaining that you understand your children will be excluded and you will never be able to sponsor them.

Thank you, I agree.

 

[BreakingBad]

If you dont have custody rights then they are not dependent children.
And you dont have to provide medical certificate for them.

It's My Opinion.

You can query CIC before you start PR process.
All the best.

 

[Pippin]

If you dont have custody rights then they are not dependent children.
And you dont have to provide medical certificate for them.

It's My Opinion.

You can query CIC before you start PR process.
All the best.

I could be wrong, but I thought "dependent child" would mean anyone underage.

 

[canuck_in_uk]

If you dont have custody rights then they are not dependent children.
And you dont have to provide medical certificate for them.

Incorrect. The only way the children would no longer be considered dependents is if a person had relinquished all legal parental rights towards the child.

Being a non-custodial parent is an entirely different thing; the children are still dependents.

 

[Hansdza]

It will be a long and difficult process for your application. CIC prefers all dependents to be examined whether they are accompanying you or not to anticipate if something goes wrong in the future (e.g. your ex wife passes away, being in jail, missing, etc) and you will have to take care of your children.

As others have suggested, making a notarized affidavit explaining your situation and stating your understanding that you will never be able to sponsor your children in the future under any circumstances might work. But again, it will be a long and bumpy process down the road. Having an experienced and highly qualified lawyer to assist you throughout the process would be best for you.

Perhaps try to contact your ex wife's family member (e.g. parents, siblings, relatives) or even friends to help you to locate them.

 

[canuck_in_uk]

Having an experienced and highly qualified lawyer to assist you throughout the process would be best for you.

There is no need for a lawyer. This is a fairly straightforward situation and not uncommon; a lawyer will not be able to do anything.