Medicals for non-accompanying dependent

[mp8472]

Thank you for all the input.

If the application is denied, would we have enough time to submit a new application with the hope that by the time it is ready to be processed, the daughter will be 18 and able to make the decision on her own? Or would she have to depart Canada right away?

Any other visa options we can explore?

Is your partner in contact with any other family members or friends of the father? Anyone she can have try to convince him that it's in the daughters best interests to do the medical and that she can't immigrate without his legal permission?

Unfortunately, no. The only people she was still in contact with were her mother and step-father. They both passed away last year.

 

[canuck_in_uk]

Thank you for all the input.

If the application is denied, would we have enough time to submit a new application with the hope that by the time it is ready to be processed, the daughter will be 18 and able to make the decision on her own? Or would she have to depart Canada right away?

Any other visa options we can explore?

Unfortunately, no. The only people she was still in contact with were her mother and step-father. They both passed away last year.

If you are refused, you should try your MP first. MPs inquiries can lead to apps being reopened when IRCC has acted unfairly. You could actually go to your MP now and ask them to inquire. Given the facts, IRCC should be allowing the child to be excluded.

What is her status in Canada right now?

 

[mp8472]

Right now, she's on an open work permit, but that will expire later this month. She has applied for another open work permit, but if the PR application is denied, I imagine the OWP will be as well.

I've reached out to my MP twice already when it seemed the decision had stalled. The most recent time was in September when the last deadline IRCC gave us had passed. I wanted her to inquire to about whether or not what we had provided was enough. I will quote her exact response below (with my partner's name removed.)

I talked to IRCC today and confirmed they received [name removed]’s notarized declaration on July 12th, where she explained everything and said she understands by not providing the medicals for the daughter she will not be eligible for sponsorship in the future. They also received the ex’s letter June 13th. The agent I was talking to said that, in his opinion, what has been provided so far should be enough to make the decision, so now it’s just a matter of waiting for the officer processing the file to approve the removal request, which will allow things to move to the next stage of processing. There’s no estimated processing time on this part of things but I will flag it for a check in a month and see if there’s an update by that point.

I guess maybe I should reach out to her again to see if she can help. She has been a great help in providing me with information in the past, but I'm not sure what else she could do in this situation. I'll ask again.

 

[canuck_in_uk]

Right now, she's on an open work permit, but that will expire later this month. She has applied for another open work permit, but if the PR application is denied, I imagine the OWP will be as well.

I've reached out to my MP twice already when it seemed the decision had stalled. The most recent time was in September when the last deadline IRCC gave us had passed. I wanted her to inquire to about whether or not what we had provided was enough. I will quote her exact response below (with my partner's name removed.)

I guess maybe I should reach out to her again to see if she can help. She has been a great help in providing me with information in the past, but I'm not sure what else she could do in this situation. I'll ask again.

If the PR app is refused before her OWP extension is approved, yes, it will probably be refused. If the OWP extension is approved, it will remain valid even if the PR app is refused.

That response seems promising. Have you requested GCMS notes?

 

[mp8472]

Well I'll hope for speedy processing of the OWP.

That response from the MP was before the latest letter from IRCC. So it seems whoever is processing our case disagrees with the agent my MP spoke with.

Have you requested GCMS notes?

Yes, but that was awhile back, and there wasn't anything noteworthy. It was more the notes on the initial assessment (they accepted evidence of common-law partnership, approved me as a sponsor, etc.) I'll request a new copy this week.