My child will not be coming with me? Please advise.

[IamJems]

Hi all! Unsure whether there was a thread to post this but i thought someone might have an answer for me? I want to make sure i am as prepared as possible for this process when it starts.

I have discussed with my Canadian (citizen) partner the possibility of sponsorship and once i am over there for a year (applying for next years IEC or will travel for 6 months and extend for a year) we will apply for CL sponsorship. We will be applying Outland. This is the plan.

However i have a son. He lived with me until this year and now lives with his father though i have contact with him here, I will still visit him here once ive moved and he will come see me in Canada. He is almost 9 now.

Will my partner have to automatically sponsor him? Will we have a choice in the matter? I ask because my son is not going to be moving with me. Probably never. He has Aspergers (high functioning autism) and the change of environment would be too much for him, as drastic as it is. A visit would be okay, but not a move. Me and my ex have discussed this and my son wants to stay here with his father. I know if we exclude him from the application i will never be able to sponsor him, but as he doesn't want to move anyway its not a problem, but aside from his father making him unavailable for medicals is there a way to voluntarily not include him in the application say with a letter of explanation or is there a section on the forms that explicitly ask whether the child will be accompanying you? I will have to include him on the form i know but i dont know whether they ask if the child is coming with you or whether just automatically assume they are.

Will this create a problem with the application? E.g. will they find it strange that my child is not moving with me even though his father has custody? Will it negatively impact my application? Is this a cause to be called for interview or make them question the validity of mine and my partners relationship?

If we DO include him on the application, is my sons Aspergers diagnosis cause for refusal? He doesnt require therapy anymore, we had early intervention in the UK and receives nothing from anywhere for it. It is managed through strict home routines. No medication etc.. He wont be coming with me and this has been decided, I'm just not sure what is the best course of action to take.

Thank you all for any advice!

 

[scylla]

Your son must be listed in the application but can be listed as a non-accompanying dependent (meaning he won't be coming with you). As a non-accompanying dependent, he will still need to complete the medical. Provided he completes the medical - there will be no impact to your application. No, his diagnosis won't cause a refusal.

 

[IamJems]

Your son must be listed in the application but can be listed as a non-accompanying dependent (meaning he won't be coming with you). As a non-accompanying dependent, he will still need to complete the medical. Provided he completes the medical - there will be no impact to your application. No, his diagnosis won't cause a refusal.

If he is listed as a non-accompanying dependent does that mean he wont get PR like me? It wont impact him at all? Im confused why he would need a medical if hes not coming with me.

Thank you for you advice!

 

[scylla]

Correct - he will not get PR when you do.

Non-accompanying dependents must still go through the medical process (it's mandatory) since this allows them to be sponsored later.

If you try to get around the medical - then you will have to completely exclude your son from your application (rather than listing him as a non-accompanying dependent). Doing this is pretty much guaranteed to create delays and complications to your application.

The best (and right) option is to include him as non-accompanying and complete the medical.

 

[IamJems]

Correct - he will not get PR when you do.

Non-accompanying dependents must still go through the medical process (it's mandatory) since this allows them to be sponsored later.

If you try to get around the medical - then you will have to completely exclude your son from your application (rather than listing him as a non-accompanying dependent). Doing this is pretty much guaranteed to create delays and complications to your application.

The best (and right) option is to include him as non-accompanying and complete the medical.

Okay, that's what i wanted to know, thank you!

 

[mandiebraxton]

FYI

http://meurrensonimmigration.com/tag/medical-inadmissibility/

I will urge that next time you want to advise someone, you check CIC website for the right info. Family members are exempted from inadmissibility on grounds of excessive demand.
http://www.cic.gc.ca/english/resources/tools/medic/exam/exemptions.asp

*Mandie*

 

[MilesAway]

I actually did. Which category would she fall under? Based on her question...she has not stated that she is neither ie. armed forces, protected persons, official duties, etc.

From the CIC site:

As per paragraphs R24, R117(g) and R139(4), excessive demand determinations under A38(1)(c) do not apply to:

spouse, common-law partner or conjugal partner
a dependent child (including an adopted a child) of the sponsor, or of the sponsor’s spouse, common-law partner or conjugal partner;