Non accompanying children who refused to be examined

[mankind45]

Hi everyone,

Can someone please shed some light in this matter, my wife application for skill worker has been approved and now it is going through background and medical check process. I have 2 children from my first marriage 17 and 19 years old that do not wish to accompany us to Canada they were both born in the U.S but they live here in the UK now. My wife has declared both my children in the application but my children refuse to provide documents such as police certificate and also go to medical assessment, they only offered to give us their photos and a copy of their birth certificates.I am not sure what to do as this situation is causing us tremendous stress.... I am aware that my 17 year old son does not need to provide police certificate but my daughter is 19 and I believe that she must provide police certificate from the UK and also FBI certificate??? is this correct? can my wife send a statement explaining the situation and how the children refused to be examined and also provide police certificate???
can I ask the children for affidavit stating that they do not wish to go to Canada and they do not wish to be part of our application.
This emphatically will blow our chances to go live in Canada, as they are so stubborn and do not want to help

 

[Rob_TO]

How old was your daughter at time the app was submitted? If she was 19, then she is NOT a dependent, so doesn't need any police or medicals.

If your son refuses to do medical/police check, then you will need to submit also an affidavit that you want to exclude him from the application, and understand this means he can never be sponsored by you under family class in the future. Same applies to your daughter if the app was submitted when she was 18 or under. Would be good if they can also write statements that state they refuse to do the necessary checks since it will show CIC you tried.

There may be delays in processing since in general CIC does not like excluding family members, but eventually it should be sorted out and processed.

 

[jacalinkup]

Hi everyone,

Can someone please shed some light in this matter, my wife application for skill worker has been approved and now it is going through background and medical check process. I have 2 children from my first marriage 17 and 19 years old that do not wish to accompany us to Canada they were both born in the U.S but they live here in the UK now. My wife has declared both my children in the application but my children refuse to provide documents such as police certificate and also go to medical assessment, they only offered to give us their photos and a copy of their birth certificates.I am not sure what to do as this situation is causing us tremendous stress.... I am aware that my 17 year old son does not need to provide police certificate but my daughter is 19 and I believe that she must provide police certificate from the UK and also FBI certificate??? is this correct? can my wife send a statement explaining the situation and how the children refused to be examined and also provide police certificate???
can I ask the children for affidavit stating that they do not wish to go to Canada and they do not wish to be part of our application.
This emphatically will blow our chances to go live in Canada, as they are so stubborn and do not want to help

They only way they will process your app without the medical is if you get an affidavit that the children will not be coming with you and you understand that you will never be able to sponsor them under family class sponsorship. My hubby had to do that with his kids.

 

[jacalinkup]

How old was your daughter at time the app was submitted? If she was 19, then she is NOT a dependent, so doesn't need any police or medicals.

If your son refuses to do medical/police check, then you will need to submit also an affidavit that you want to exclude him from the application, and understand this means he can never be sponsored by you under family class in the future. Same applies to your daughter if the app was submitted when she was 18 or under. Would be good if they can also write statements that state they refuse to do the necessary checks since it will show CIC you tried.

There may be delays in processing since in general CIC does not like excluding family members, but eventually it should be sorted out and processed.

As long as you send in the notarized affidavit then there should be no delays.

 

[Rob_TO]

As long as you send in the notarized affidavit then there should be no delays.

We have seen many cases on here where there have been delays due to this. Not all cases are the same.

 

[jacalinkup]

We have seen many cases on here where there have been delays due to this. Not all cases are the same.

I've never heard of this I'm not saying it doesn't happen I just never heard of it happening. Like you said no cases are the same but if they are unwilling to do the medical exam it is the OP only option.

 

[mankind45]

Thanks Rob, thanks jacalinkup for the prompt advise, I am certainly grateful to you. My children were added to the application back in January 2016 my daughter was 19 at that time, so I construe from your statement Rob that my daughter will be exempted from the medical and police check? However my son is 17 and still minor he's not mandated to provide any police certificate but he must be medically examined. I am preparing an affidavit for my son to be notarised before a notary public stating that he does not wish to go to live in Canada. Does my daughter need to provide an affidavit as well? or she doesn't have to because she's 19? Thank you for your valuable advise in advance.

 

[bjohnson921]

Hi mankind45,

I have four non-accompanying children. It is good you included your children on the application as you are supposed to. CIC requires medicals for all non-accompanying children, and additional information (e.g., police backgrounds) if they are 18 or over, even if they turn 18 after you submitted your application. Like you, as two of my children turned 18, they refused to comply with additional requests as I had no legal rights to make them do so. What you need to do is submit a statutory declaration (which is a legal document) to CIC detailing your attempts to have your children comply and why this was not possible, that you both understand that you cannot sponsor your child in the future, that this is the only reason your child would be inadmissible, and to swear the statement is true and have it notarized.

If you PM me, I can send you an example of the ones I provided, as CIC has accepted the statutory declarations for my two oldest children (both now over 18), even though all 4 were under 18 at the time I sent in the application.

It will take time for them to review, consider and decide upon your declaration, which lengthens your total application processing time. But this is the process that I have followed twice successfully so far.

 

[dongrongwen]

Hi !

Very good to read this topic. I'm actually in almost the same case.
I'm sponsored by my canadian common law partner (same sex and outland-Paris VO).
I have 2 dependants kids (12 and 10) from my previous relationship (I'm in divorce process in France for that). My ex has the full custody for the kids and she refused to get their medical.

My common law partner and I hired a lawyer for our application. He asked me to provide all the papers from the French Court with the current decisions from the judge, all the emails between me and my ex, where it shows that I did all what I could to explain the situation. We also provided the email where she said she refuses the medical.

The lawyer also notarized and co-signed with me an affidavit, saying that I aknowledge I won't be able to sponsor my kids in the future.

He also wrote a special chapter in the cover letter about that.

By the way, if there is any delays, do you know how long in average ?

Hope it can help and looking forward to have and give news about that.

Dong

 

[MilesAway]

The delay depends on the officer looking at your file. I can think of two cases, both US/CAN couples, which are generally processed quickly, who have seen their timelines go double the average. One applied outland and is at 2 years of waiting, while the other applied inland and is past their 4th year of waiting.
Will your delay be that long? No one can say for sure. The VO might accept it and continue, or they might be a stickler for the rules and delay it.