Medical Exams for Non Accompanying Children

[itscoezy]

Hoping someone can confirm my understanding. My SO (Mexican) has 3 children who are not accompanying us to Canada and whom we do not wish to retain eligibility to be sponsored in the future.
All 3 teens live with their mother however they do still have it set up as joint custody, him having visitation rights of course.

The information below is from our country guide - Mexico.

Am I understanding this correctly that even though they are not coming with us and we will not be sponsoring them in the future, we still need to have them take a medical exam? Is there anyway around this?

Thanks so much


"Note: Non-accompanying family members are still required to successfully meet immigration medical and security standards at the same time as you. They will retain eligibility to be sponsored by you as a member of the Family Class once you have settled in Canada for as long as they are your:
•spouse,
•common-law partner, or
•dependent children
as defined in the Immigration and Refugee Protection Act and Regulations.
If you have non-accompanying family members who are either a spouse from whom you are legally separated or your children who are not in your legal custody, it is not necessary for them to be examined. However, if they are not examined at the time of your application, you will not be able to sponsor them at any time in the future.

 

[CharlieD10]

He has legal custody, so yes, they need to be medically examined. It doesn't matter what they want NOW, he needs to have them medically examined to preserve his rights in the event of the unthinkable. What if their mother (God forbid) is taken from the suddenly? What if they want to pursue higher education somewhere else? There are too many "what if's" in life for any right-thinking parent to summarily cut themselves off from their children in the fashion that would be required if he signs away his responsibility to have them medically examined.

 

[mc1234]

So essentially, if the child does not get medically examined and the decision is chosen that for the OP's and spouses personal reasons the children will not be sponsored, a medical for them, no matter what custody agreement is in place is not required, correct?

 

[CharlieD10]

So essentially, if the child does not get medically examined and the decision is chosen that for the OP's and spouses personal reasons the children will not be sponsored, a medical for them, no matter what custody agreement is in place is not required, correct?

Only CIC can decide whether or not they will accept that the children will not be medically examined.

 

[canadianwoman]

It is possible to sign a document stating that you understand that if the medical is not done, you will never be able to sponsor the child for any reason, and you accept this. People have gotten their PR visa with such a document.
However, CIC really doesn't like it. Ordinarily, they keep asking for the medicals to be done. Not getting them done adds significant time to your application. Some VOs are pickier than others, of course, so you might get one who will accept your decision quickly, but it could add months to your processing time or lead to a refusal.
It is much better to simply get the medicals done. And in any case, you don't know what will happen in the future - if the ex-wife dies, for example, if the medicals weren't done now, the father would not be able to sponsor his children.