Medical Excessive Demand

[dr feras]

Hello
Preparing to apply for EE, and meanwhile trying to read about all different requirements to prepare in advance.
Me and my wife are separated. She lives in the UK with our 4 years old son. We dont have an official divorce yet. So i am planning on declaring her as a non accompanying (ex) spouse as I would assume we would be considered separated In Fact even without legal divorce. I have mails from her as proof that our relationship ended few months back and money transfer slips that i send monthly for my son's maintenence, which I send without any legal order, as I don't need one to tell me that my son needs my support.
I am also assuming that based on this, she will not be required to do medicals or police checks ?

The other issue is my son. He has speech delay. I do understand all the requirements in regards to admissibility/excessive demand etc. But my question is, since he will not be accompanying me, and I am only including him incase I needed to sponsor him in future. So lets say at time of medicals they sent this fairness letter, how do I show them a plan when the child is not coming with me to canada to begin with? Would it be usually ok to stress on me declaring officially to them that I will never resort to public funds, adding to that letters from employed family members promising to cover any extra costs if needed? As I dont believe at the time of applying that I would have more funds than the minimum required amount for a family of 3.

Those issues are causing me a headache, your input would be greatly appreciated
Doc

 

[scylla]

Non accompanying family members (including your wife) must take and pass the medical. If your wife is non-accompanying, she must also provide police certificates and pass the background and security checks.

Even once you're legally separated or divorced, you must include your son in the application (as a non-accompanying family member) and he must pass the medical in order for your visa to be approved.

You must show sufficient proof of funds to cover yourself and all non accompanying family members listed in your application. If both your wife and son are listed, this means you need funds for three people. If you can show you and your wife have legally separated, then you'll only need to provide funds for 2 people (yourself and your son).

 

[dr feras]

Thank you
But you are only repeating what I already said that I DO know.
I know non accompanying family members must be declared and pass medicals/police.
I also did mention that we are separated. If you read CIC guidelines, they say even without a legal divorce, if the relationship is considered IN FACT to be terminated then there is no need for police/medicals.
I also did mention that i have the funds required.
So kindly only respond to my questions and not just for the sake of answering
Regards

 

[scylla]

You asked whether your wife will have to pass the medical and provide PCCs. The answer to this question is yes. If she is a non-accompanying family member, she will be required to pass the medical and provide PCCs. If you do not want her to take the medical or provide PCCs, then you must remove her as a family member completely from the application. In order to do this, you will need to show legal proof that you are separated and/or have started the divorce process. Non-legal evidence will not be accepted by CIC. So until you legally separate or formally start the divorce process, you must include your wife as non accompanying.

Your son will have to pass the medical whether he is accompanying you to Canada or not. If he takes the medical and CIC sends a fairness letter, you will need to prove that the annual cost of his care in Canada will not exceed $6,500. Saying you will cover the costs of these expenses doesn't work since once someone is a PR, they are entitled to use Canada's health care system and social services.

 

[vensak]

There would a way out of it, but it is a bit tough.

There is a definition of a family is as following:
common law partner or spouse (accompanying or not accompanying) but for spouse only in the case you are not legally separated or divorced.
child / adopted child (accompanying or not) less than 18 years old, unless it is the case where you have no legal responsibilities over that child (the child is not put in your custody).
and then a child of your child (kind of same as before).

So would you be legally separated or divorced, your ex wife would not be counted anymore as your family. With that said her inadmissibility would not affect you and neither you would need to show money proof for her.

And would your son come under solely custody of your ex wife, then again, he would not be counted as a family member who can influence your admissibility anymore.

Now where to find more:

23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that

(a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and

(b) the non-accompanying family member is

(i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,

(ii) the common-law partner of the foreign national,

(iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or

(iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.

http://laws-lois.justice.gc.ca/eng/regulations/SOR-2002-227/page-7.html?txthl=dependent+child#s-23

When it comes to your child, you have still shared custody - there was no legal decision on that (from what you stated), so for now you can be inadmissible because of that child.

 

[Rob_TO]

I am also assuming that based on this, she will not be required to do medicals or police checks ?

If you declare that you're separated from her even though there is no legal divorce, then you can possibly exclude her completely from your application (not just make her non-accompanying) meaning she wouldn't need to do medicals. If you've begun divorce proceedings, it would help to show this. Also you should include an affidavit that you fully understand by excluding her you can never choose to sponsor her in the future after you become PR.

So lets say at time of medicals they sent this fairness letter, how do I show them a plan when the child is not coming with me to canada to begin with?

Whether he's coming with you or not is completely irrelavant to the medical process. If he doesn't pass the excessive demand criteria, that will also exclude you regardless of if he's accompanying or non-accompanying.

Would it be usually ok to stress on me declaring officially to them that I will never resort to public funds, adding to that letters from employed family members promising to cover any extra costs if needed? As I dont believe at the time of applying that I would have more funds than the minimum required amount for a family of 3.

You can certainly include that, but I doubt it would do much good. If you were to later sponsor your son for PR, he would have 100% access to public funds as a PR that you could use regardless of what you promised in a previous PR app. So basically it's an empty promise. They will base his excessive demand test on the equivalent cost of his treatments over next 10 years in Canada. If it's found he would cause costs of approx $6500 per year in health/social services, excessive demand criteria would then be an issue. You would of course get the opportunity to respond to the concern to counter their cost claims before they made a final decision.

 

[dr feras]

Thank you Vensak and Rob, appreciate your indepth explanations.
Foodie, if you clearly read my questions and his/her answer you would clearly see in no way did it relate to my actual doubts. Saying that, I was not arrogant at all by kindly asking to stick to my query to avoid further confusion. And I actually started my reply by thanking him/her. Calling someone a twat on a public forum without knowing my real intentions just shows who you are. enough said

 

[dr feras]

Looks like the comment was removed

 

[xpressentry]

People may / may not understand your situation despite your explanation which will be clear to you but not to others.

Nobody is obliged to answer your questions so please refrain from telling people off regarding answering for the sake of answering. People on the forum are very helpful and try their best to help you as much as you can.

If you demand answers to your questions, you are better off paying a consultant and taking their advise.

 

[dr feras]

I can't be the only one who's right and everyone else is wrong. So it seems that my reply sounded offensive, which again wasn't my intention. You are right, our doubts might not be clear to all. I apologize Scylla for any misunderstanding. And thank you again for all the effort.

 

[camwinter]

Hi everyone. Had a quick question - I am about 5kgs overweight, but otherwise in good health. Could this be grounds for not clearing the medicals?
thanks for your help!

 

[dr feras]

Being over weight or even obese can't be a reason for inadmissibility by itself, unless it's currently causing you other issues that require medical care like hypertension/hyperlipidemia etc. They are just trying to assess what burden will you impose on health facilities in the near future. If you are otherwise healthy, no doctor can predict if this this extra weight will or will not cause any issues. Good luck

 

[xpressentry]

Hi everyone. Had a quick question - I am about 5kgs overweight, but otherwise in good health. Could this be grounds for not clearing the medicals?
thanks for your help!

Refusing a visa for being overweight is like fat shaming.

 

[camwinter]

Thanks guys! That's a relief!

 

[Linear M]

Guys my daughter is 5 and had congenital facial paresis , right side, it has improved a lot since birth and she is perfectly fine , only a slight drooping right cheek, that effects her smile slightly , rest she is perfect, should I worry on the medical ? Or carry her medical record in med day?