Non accompanying children

[rugarcia]

Hi,
Last November, I became a permanent resident and I was sponsored by my wife. The problem is that I have 2 children from a previous marriage who were included in the application as non accompaying. For different reasons, they did not take the medical test. From what I read, there is no other chance to sponsor them for the rest of their lives. If that so?

Thanks a lot for your help.

 

[bobshynoswife]

They were included on the application, but did not have medicals done? I'm not sure how your PR was processed. However, I would think (and I don't know for sure) that as long as they are on the application you still have the right to sponsor them. I hope someone else will know for sure!

 

[rugarcia]

Thanks for your prompt response. I had to write a letter to immigration stating that they were not available to take the medical test because their mother refused to make them understand how important it was. I guess that this letter was like a death sentence for a possible sponsorship later.

Thanks

 

[x5-452]

I'm confused about this non-accompanying children..... My wife who i'm planning on sponsoring has a daughter from a previous marriage. Her ex-husband has full custody and we don't plan on ever sponsoring her daughter to immigrate to canada. So why do I need to get her daughter a medical still even if we don't plan on sponsoring her in the future????

 

[bobshynoswife]

Because things change! What if your wife's ex dies, and then the daughter is inadmissable to Canada. Would you all move to the US to take care of her, or abandon her?

Sheesh...I don't know your particular situation, but I find it abhorent that a mother could move to another country, leaving her child, and would choose not to EVER have the chance to sponsor her to live here.

 

[bobshynoswife]

Thanks for your prompt response. I had to write a letter to immigration stating that they were not available to take the medical test because their mother refused to make them understand how important it was. I guess that this letter was like a death sentence for a possible sponsorship later.

Thanks

Have you contacted CIC about this? If the mother did not let them take the medical, how would she now let them immigrate to live with you?

 

[JimM]

I think the whole requirement is stupid really. Unless their mother were to drop dead right after I filed my paperwork the results of the exam would be expired by the time sponsoring my children became an issue, all it's doing is adding nearly $1000 to my costs, plus the annoyance of dealing with my 12 year old daughter who swears she won't co-operate, (my son on the other hand can't for me to take him to a Roughriders game).

 

[kwabena kwabena]

From my understanding since you included them on the application and explained the situation as well, You can sponsor them when you are ready and the other person ie ex is willing to let you do it.

I am sure you can.

 

[bobshynoswife]

I think the whole requirement is stupid really. Unless their mother were to drop dead right after I filed my paperwork the results of the exam would be expired by the time sponsoring my children became an issue, all it's doing is adding nearly $1000 to my costs, plus the annoyance of dealing with my 12 year old daughter who swears she won't co-operate, (my son on the other hand can't for me to take him to a Roughriders game).

I do agree with you, and don't understand why non-accompanying family members have to do medicals when they have no intention of immigrating. CIC makes us jump through some crazy hoops.

 

[kwabena kwabena]

Looking at the canadain population and i also being one of the higher taxing countries in the world, mmmmm they need the Money, but i am also sure the Medical money doesnt go to CIC so it is a way for the Doctors to make money for the sake of it.

Oh Canada? what a beautiful and nice system to understand.

 

[rjessome]

From my understanding since you included them on the application and explained the situation as well, You can sponsor them when you are ready and the other person ie ex is willing to let you do it.

I am sure you can.

No, he can't, at least not in the normal fashion. See OP manual 2, Section 5.12, pages 11 & 12.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

However, they could try an H&C application.

 

[PMM]

Hi

From my understanding since you included them on the application and explained the situation as well, You can sponsor them when you are ready and the other person ie ex is willing to let you do it.

I am sure you can.

Nope, declared them as non-accompanying, claimed their mother wouldn't allow them take medicals, therefor not examined, so not a member of the family class and can't be sponsored.

 

[PMM]

Hi

I do agree with you, and don't understand why non-accompanying family members have to do medicals when they have no intention of immigrating. CIC makes us jump through some crazy hoops.

Because in the past applicants "forgot" children or spouses who were medically inadmissible knowing that if they were declared, that their application would be refused.

 

[Leon]

That's it. Once you are a PR, your spouse and dependent children are exempt from the excessive demand on health care clause and will not be denied for that reason. If people were allowed to list their dependent children/ spouses as non-accompanying and not get a medical and were still allowed to sponsor them later, many would do that for family members that would be classified as excessive demand and would get their application refused if they included them as accompanying. Therefore immigration rules are clear. If you want to keep the option open to sponsor the non-accompanying dependants later, you will get their medicals. If you can't get their medicals, you forfeit the right to sponsor them.

I suppose that the children in this case can come to Canada as visitors on visit status and stay for up to 6 months at a time and once they are grown, there is a chance to sponsor them if the parent lives in a province with a PNP family stream and both fulfil the requirements of the PNP in that province.

 

[RobsLuv]

Do a search sometime on the CanLII website using 117(9)(d) as the keyword and start reading through the appeal transcripts for refused applications where people who have previously immigrated to Canada have tried to sponsor spouses and dependent children that they conveniently "forgot" to include in their applications when they immigrated because they felt those family members might somehow interfere with their approval. It's pretty pathetic.

Frankly, to require a medical exam for the non-accompanying dependent child of a spousal applicant (and especially to require forfeiture of the right to ever sponsor that child in the future if the exam is not completed) is ridiculous - because spousal applicants and their dependent children are excessive demand exempt. The results of the medical examination have absolutely no bearing on the admissibility of a spousal applicant anyway - and there are so many instances where applicants are not able to convince their ex partners (or their children) to get an exam. I even know of one applicant whose application was recently refused because his ex refused to allow their child (designated non-accompanying) to undergo examination. I was interested in what paragraph of the Act was used to justify that refusal but, unfortunately, he never responded to my inquiry.

So, it's understandable that this issue is a controversial one . . . unfortunately, doesn't look like the requirement is going to change anytime soon.