My Spouse refuse to do medical and PCC?wat to do now plz help?

[sandeep395]

Dear Sir,

I have applied for PR as a sole applicant through PNP with my spouse listed as 'Not Accompanying'
me and my wife living separately since last 3 years. she is not ready for mutual divorce and one sided divorce will be time-consuming and a big financial loss to me.
I earlier sent 3 conjugal notice to her, which remained un delivered by different reason, she has affair but here in India its extremely difficult to proved. she and her family is very greedy.
I am hopefully receive newfoundland PNP certification
I recently discussed with my spouse and her family for PCC/Medical . Unfortunately, she has refused to undergo PCC/Medical to support my PR application and is also non-committal on a legal separation said will not allow me to go.

I fear that this intractable stance taken by my spouse regarding PCC/Medical will result in me loosing this opportunity for Canadian PR even though my spouse is not part of my PR application and my application is being processed on it's sole merit.

Please advise; that if I submit an affidavit to CIC confirming that I will never be sponsoring my spouse's PR now or ever in future, will CIC be agreeable to waive of the PCC/Medical requirement of a 'Not Accompanying' spouse?

Also, if there are any other alternative recommendations that you can make considering my case; I would be most thankful.

Thanks,
Sandeep

 

[Jazzed]

Since its mandatory for your spouse to undergo a medical exam and police check. And in your case, your wife is uncooperative I'd suggest you at least start by finalising your divorce. If not IRCC will make a decision to accept or refuse an application on a case by case basis when dependents and spouses are not examined.

If you are convinced that a medical exam and PCC cannot be obtained and neither can an official divorce then you will need to gather as much evidence as possible in writing to show why it was not possible. I would suggest:

• Any thing to show legal separationand attempts to get a divorce.
• Sworn declarations or affidavits;
• Emails correspondence or letters that documents the ex-partner’s refusal to allow the medical exam and PCC;
• Text messages or copies of messages that document the ex-partner’s refusal to allow the medical exam and PCC .
• Any other documentation – sworn or notarized if possible – that attests to the ex-partner’s refusal to allow the exam etc.

You are essentially waiving your rights to sponsor them at some future date by not submitting the medical exam and PCC.

Please note that should your former partner not allow themselves to be examined, IRCC may still refuse your application for permanent residence even if you provide evidence that it was not possible to obtain the exam.