Non Accompanying Dependents - Document Requirements

[ruhink]

Good news! This is the latest I got from IRCC

'We are pleased to advise you that processing of your application has been completed. The
Canada Immigration Centre in Etobicoke will contact you to arrange an appointment for the
finalization of your permanent resident application.

IMPORTANT: You and your family members, if any, will be required to present original
identification document(s) to the Canada Immigration Centre at your appointment. A final
decision concerning the granting of permanent residence status will be made at that time.'

Any idea what will be done at the time of appointment? Will it be some kind of interview? Do I have to bring my spouse?

Thanks.

 

[ns2014]

Hi,

Congrats on approval of your application.

I am in exactly same position as you were. I have submitted to CIC proofs of emails, letters sent to ex-wife regarding requests for medical for my non-accompanying child. But there has been no response from her. I have also submitted custody court order in favour of my ex to CIC. But today I received CIC letter that it is final reminder to get the medical done for my non-accompanying child within 30days. There is no mentions of the submissions I have done to show my efforts. How do I proceed? Did you took your ex to the court to get the medical done? Any suggestions will be welcome. Worried that my application will get refused since I couldn't get child examined although I have tried my best.

 

[Landagirl]

Hi,

Congrats on approval of your application.

I am in exactly same position as you were. I have submitted to CIC proofs of emails, letters sent to ex-wife regarding requests for medical for my non-accompanying child. But there has been no response from her. I have also submitted custody court order in favour of my ex to CIC. But today I received CIC letter that it is final reminder to get the medical done for my non-accompanying child within 30days. There is no mentions of the submissions I have done to show my efforts. How do I proceed? Did you took your ex to the court to get the medical done? Any suggestions will be welcome. Worried that my application will get refused since I couldn't get child examined although I have tried my best.

We went through it as well, 3 kids 2 ex wives. We didn't send in any proof of speaking to the exes because we didn't bring it up with them. When we received our 30 day letter to get their medicals done, we wrote a letter and got it notarized. We stated that we were fully aware that my husband would never be allowed to sponsor his kids under the family sponsorship program. We also wrote that his ex wives had full custody, we sent in his divorce decrees with the original application, so I didn't resend them. Obviously it was more formal as we used the kids full names. We also mentioned that his daughter would be spending her summer breaks with us as per the arrangement we had with his one ex. His sons are 18 and 16 and he doesn't have a relationship with them at all and we mentioned that too.

After CIC received the letter his medical changed to passed and we were never asked again and he has his papers to land, we are just waiting for June. Hope that helps and it all works for you in the end.

 

[canuck_in_uk]

Hi,

Congrats on approval of your application.

I am in exactly same position as you were. I have submitted to CIC proofs of emails, letters sent to ex-wife regarding requests for medical for my non-accompanying child. But there has been no response from her. I have also submitted custody court order in favour of my ex to CIC. But today I received CIC letter that it is final reminder to get the medical done for my non-accompanying child within 30days. There is no mentions of the submissions I have done to show my efforts. How do I proceed? Did you took your ex to the court to get the medical done? Any suggestions will be welcome. Worried that my application will get refused since I couldn't get child examined although I have tried my best.

Generally, the most important document in this situation is a notarized declaration stating that the person understands that their child will be forever excluded from the Family Class and will never be able to be sponsored. Did you include such a latter?

 

[ns2014]

We went through it as well, 3 kids 2 ex wives. We didn't send in any proof of speaking to the exes because we didn't bring it up with them. When we received our 30 day letter to get their medicals done, we wrote a letter and got it notarized. We stated that we were fully aware that my husband would never be allowed to sponsor his kids under the family sponsorship program. We also wrote that his ex wives had full custody, we sent in his divorce decrees with the original application, so I didn't resend them. Obviously it was more formal as we used the kids full names. We also mentioned that his daughter would be spending her summer breaks with us as per the arrangement we had with his one ex. His sons are 18 and 16 and he doesn't have a relationship with them at all and we mentioned that too.

After CIC received the letter his medical changed to passed and we were never asked again and he has his papers to land, we are just waiting for June. Hope that helps and it all works for you in the end.

Many thanks for your detail reply. It looks very encouraging. When you say you got the 30 day letter was it along the lines that 'if you don't get the medical done the application may be refused'. Can I also ask how long was this application. Just checking if it was years ago the rules might have changed. Thanks again!

 

[ns2014]

Generally, the most important document in this situation is a notarized declaration stating that the person understands that their child will be forever excluded from the Family Class and will never be able to be sponsored. Did you include such a latter?

Thanks for reply. Yes I did with my original submission. May be they have forgotten about it since it was nearly a year ago.

 

[canuck_in_uk]

Thanks for reply. Yes I did with my original submission. May be they have forgotten about it since it was nearly a year ago.

Submit a letter referring them back to that and the other proofs you have already submitted. You may also want to ask your sponsor's MP to inquire.

 

[Landagirl]

Many thanks for your detail reply. It looks very encouraging. When you say you got the 30 day letter was it along the lines that 'if you don't get the medical done the application may be refused'. Can I also ask how long was this application. Just checking if it was years ago the rules might have changed. Thanks again!

Yes our letter stated that failure to do so may result in refusal. We got the 3 medical requests beginning of Dec 2016, I sent the notarized letter beginning of Jan 2017. If you see my timeline you will see the dates and how quick it was.

 

[ns2014]

Submit a letter referring them back to that and the other proofs you have already submitted. You may also want to ask your sponsor's MP to inquire.

Thanks for your suggestions and reply. I am going to do write letter also list all my efforts that I have already submitted plus my latest effort for getting the medical done. I am actually already in Canada on work permit and my PR application is based on EE. My understanding is the medical requirements are the same for family sponsorship and EE i.e. all family members accompanying or non-accompanying need to be examined.

 

[ns2014]

We went through it as well, 3 kids 2 ex wives. We didn't send in any proof of speaking to the exes because we didn't bring it up with them. When we received our 30 day letter to get their medicals done, we wrote a letter and got it notarized. We stated that we were fully aware that my husband would never be allowed to sponsor his kids under the family sponsorship program. We also wrote that his ex wives had full custody, we sent in his divorce decrees with the original application, so I didn't resend them. Obviously it was more formal as we used the kids full names. We also mentioned that his daughter would be spending her summer breaks with us as per the arrangement we had with his one ex. His sons are 18 and 16 and he doesn't have a relationship with them at all and we mentioned that too.

After CIC received the letter his medical changed to passed and we were never asked again and he has his papers to land, we are just waiting for June. Hope that helps and it all works for you in the end.

I approached an immigration lawyer today and he said he'll charge around $1000 for a statutory declaration. To me that sounds alot! What I understand from you and other people on the forum that it's a simple statement which basically says that the medical couldn't be done for x reason and I am willingly asking for the child to be removed from the application and I am fully aware that I would never be allowed to sponsor her under the family sponsorship program in future. I can write such statement myself and get it notarized. Is there any need to get a lawyer invovled in creating such statement and pay 1000$? Please advise.

 

[canuck_in_uk]

I approached an immigration lawyer today and he said he'll charge around $1000 for a statutory declaration. To me that sounds alot! What I understand from you and other people on the forum that it's a simple statement which basically says that the medical couldn't be done for x reason and I am willingly asking for the child to be removed from the application and I am fully aware that I would never be allowed to sponsor her under the family sponsorship program in future. I can write such statement myself and get it notarized. Is there any need to get a lawyer invovled in creating such statement and pay 1000$? Please advise.

Skip the lawyer. You previously stated that you had already sent this letter with your application.

 

[ns2014]

Skip the lawyer. You previously stated that you had already sent this letter with your application.

Thanks for quick reply. Yes I did. For current reply I am writing a detailed letter explaining all the efforts (along with proof) I have done including most recent for getting this medical done. I was thinking I can get another notorised statement along the lines stated earlier. I am really hoping that would be sufficient.

 

[Landagirl]

Thanks for quick reply. Yes I did. For current reply I am writing a detailed letter explaining all the efforts (along with proof) I have done including most recent for getting this medical done. I was thinking I can get another notorised statement along the lines stated earlier. I am really hoping that would be sufficient.

I agree skip the lawyer! He isn't going to do anything different than what you are about to do. Make sure it is notarized and state in there that you are fully aware that you will never be able to sponsor your child's name under the family class sponsorship program. That is all my husband put at the end of his declaration. In the end it is up to the officer. You could spend $10 grand on a lawyer and the final decision won't change.

 

[Bintehassan]

I thought so too as well. But my immigration lawyer is convinced that this will be refused.

Just to add to the info, I got the confirmation of my application approval from IRCC in June. I did medical, provided police report from Canada and USA. But after one month they asked for the medical of my son.

December 7th my lawyer sent the update (email form my son, affidavit etc.) and explained why it is not possible for me to provide my sons medical.

But he is asking me to go for family court in the USA to force my ex and son to comply.

He is saying, if we start the court process now we will be able to provide IRCC documents in case it gets refused.

It's really hard for me to accept that the principal applicant will be refused if a non-accompanying dependent is unwilling to comply and have no intention to ever apply for Canada Family Class.

I appreciate your time and advise.

Thanks.

KR

Hi KR,
So what was the outcome of the application? We are in a similar situation where children from a previous marriage hv full unofficial custody with the ex who is v hostile and their location is unknown. so medicals of children is out of question. we r preparing a personal notarized statement for this that those kids be excluded from being sponsored in future. Do u mention the kids in the depends section or additional family/backgorund?

 

[faithfactor]

Hello everyone. My wife did a inland spousal sponsorship application, and work permit, I aslo have non accompanying dependent child on the application, i was out of status for 8 months also, my visitors visa was expired. we submitted on September 15, 2023. We received Aor December 9, 2023, got biometric request on January 25, 2024 did the biometrics same day. Immigration requested medical for child. I wrote back to immigration stating that i tried all offort but my son mother will not comply. I also sent evidence, I wrote that i fully understand that i wll not be able to sponsor my son ever. I also sent letter my mom wrote that she also tired to reach out to my son's mother that was signed by J.p. in Jamaica, immigration then requested my medical on February 15, i did the medical same day. On March 8, 2024 we received pre arival letter, then got another request for son medical. I sent more evidence and another letter stating ive exhaust all options. then on March 12, received sponsors eligibility letter, we didn't hear back from immigration for 2 months, then we received BLV. 9 days after that I received a Email saying that I'm approved for work permit and that it's issued to me, and will be in my mailbox soon. I got my workpermit 14 days ago, workpermit state doesn't confer temporary status.
I was expecting to get PR approved. But instead I got a letter from ircc saying my documents has been transferred to etobicoke for further assessment. So my question is due to the fact that I've passed all the stages to get PR, how long will it take for me to hear for Etobicoke to assess my application? And do you think its related to my non accompanying child? Thank you.