Non Accompanying Dependents - Document Requirements

[ruhink]

Hello All,

I have a unique situation and wanted to check if anyone had similar issues or anyone can provide any advise.

I am being sponsored by my wife who is a Canadian citizen. The SA was approved last year. My PR application is in progress and they have asked for some additional documents. They asked for medical report, valid passport copy, photos and some filled up forms for all non accompanying dependents who is 18 years or less that was mentioned in my application.

I am from India and I was previously married and have 2 sons. We were in USA and I moved to Canada in 2011. I got divorced with my wife and got married here. My sons stayed with my ex-wife in USA. My elder son is 20 years and younger one is 16 years old. So basically I have to provide the documents for my younger son since he is less than 18 years.

I had almost no contact with my ex-wife and sons all these days. After getting this letter from IRCC I tried to communicate them and asked to provide the required documents. But they are not willing to co-operate. My son is a born USA citizen and has no intention to come to Canada to settle down. I tried to convince my ex-wife and son that it is a requirement to get my application approved but I don't think it will be possible for me to get any of those documents from them as I had troubled relationship with my ex-wife and sons.

As far as I have learned, IRCC is likely to reject my application if I am unable to provide these documents for the non accompanying dependents. They sometimes may do some exceptions but I don't know what I can do to convince the officer to exempt me from this requirement.

If you have any questions please let me know. Any suggestion is greatly appreciated. Thanks.

KR

 

[canuck_in_uk]

Hi

Unfortunately, this actually a common enough issue.

You need to show that you have made every effort to have your child undergo the medical. Try to get some sort of proof from your ex, like an email or text, where she refuses to allow it. If she has full custody, include a copy of the custody papers.

You need a notarized statement declaring that you understand that by not having a medical done, your child will be excluded from the Family Class and forever be unable to be sponsored.

This will most likely delay your app, as IRCC does not like excluding dependent children.

 

[ruhink]

Hi

Unfortunately, this actually a common enough issue.

You need to show that you have made every effort to have your child undergo the medical. Try to get some sort of proof from your ex, like an email or text, where she refuses to allow it. If she has full custody, include a copy of the custody papers.

You need a notarized statement declaring that you understand that by not having a medical done, your child will be excluded from the Family Class and forever be unable to be sponsored.

This will most likely delay your app, as IRCC does not like excluding dependent children.

Thanks for your reply.

I have provided them the email from my son showing his intent to not come to Canada, a declaration from my ex-wife that she is not willing to co-operate, my declaration where I accepted that my son will be excluded from the Family Class.

One thing I couldn't provide is the custody papers. This was never done actually and my sons always stayed with their mom. My ex-wife has unofficial custody of my sons.

I don't mind if the application gets delayed. I just don't want a refusal.

How much chance it has to get refused?

Thanks,

KR

 

[canuck_in_uk]

I don't mind if the application gets delayed. I just don't want a refusal.

How much chance it has to get refused?

Your app won't be refused for this.

 

[ruhink]

Your app won't be refused for this.

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

 

[canuck_in_uk]

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.

Your lawyer is an idiot. Your app will not be refused because of this and there is no reason to go to court in the US.

 

[ruhink]

Your lawyer is an idiot. Your app will not be refused because of this and there is no reason to go to court in the US.

I know he sounds idiot! I'm keeping my fingers crossed to get the response from IRCC.

 

[IvoryX]

My two cents:
Your lawyer was trying to establish a case that you are making every effort to get your son's medical done. There are cases where people flew over to see ex and child to persuade the child to do medical, or start a family proceeding in the local jurisdiction. You have to exhaust everything you can before going back to officers and saying : Hi I have done everything I can. You have the onus to proof it. There have been indeed refused cases because non accompanying family members were not examined. It is in the case law.

Having said that, there are people whose cases were approved without having to show much at all, just emails and declarations and affidavit etc. Sometimes it is really up to the individual officer to decide "if you have tried everything you can". The problem is you dont know who is reviewing your case.

I would recommend you to speak with a USA family lawyer for consultation given the age of your son and there isn't much you can do to make him undergo medical. At least you can show the officer the third party legal opinion on this and this doesn't cost very much.

It is eventually your call.

Ivory

 

[canuck_in_uk]

I know he sounds idiot! I'm keeping my fingers crossed to get the response from IRCC.

You'll be fine. As I said, it's a common enough issue and the VOs know how to deal with it.

 

[ruhink]

I would recommend you to speak with a USA family lawyer for consultation given the age of your son and there isn't much you can do to make him undergo medical. At least you can show the officer the third party legal opinion on this and this doesn't cost very much.

Thank you. I already did. As the first step I spoke to a lawyer in the USA. They sent my ex a letter to comply otherwise court action will be taken. But no court action has been taken yet. A copy of the letter from USA lawyer was provided to IRCC. Now my immigration lawyer in Canada is strongly suggesting me to start the court procedure which involves of course, cost. But more than anything it's a hassle and I really didn't want to bother my ex or sons.

 

[ruhink]

You'll be fine. As I said, it's a common enough issue and the VOs know how to deal with it.

Thanks. I hoping so.

 

[canuck_in_uk]

Now my immigration lawyer in Canada is strongly suggesting me to start the court procedure which involves of course, cost. But more than anything it's a hassle and I really didn't want to bother my ex or sons.

Ignore the lawyer. You don't need to take court action and as you've said yourself, it would only serve to further alienate you from your ex and sons.

 

[ruhink]

Ignore the lawyer. You don't need to take court action and as you've said yourself, it would only serve to further alienate you from your ex and sons.

I received this from IRCC today:

'Attached please find a form that requires your signature and a signature of a Notary Public. Once completed send this form to our office to remove your child from this application. Upon receipt of the above, we will be in a position to continue the process of your application.

Please submit the documentation requested above as soon as possible. If we do not receive all the documents requested or the explanation within 30 DAYS from the date of this letter, we shall assume that you are no longer interested in pursuing your application and your application will be refused and your file closed.'

They sent me 'Clarification of Regulation 117(9)(d) – Exclusion from Membership in the Family Class' form. My lawyer is still advising me to pursue with the Family Court in USA!

 

[canuck_in_uk]

They sent me 'Clarification of Regulation 117(9)(d) – Exclusion from Membership in the Family Class' form. My lawyer is still advising me to pursue with the Family Court in USA!

So IRCC has told you to complete the form to remove the child so that your app will continue to be processed as normal and the lawyer is still telling you to go to court?

Ditch the lawyer.

 

[canadianwoman]

The letter makes it look like the visa officer is willing to continue to process your application once the child is removed. That means he or she has accepted the evidence you have provided: that your son and your wife will not cooperate, that you have tried to get the medical but have been unsuccessful, and that you have even threatened to go to court in the USA to get the medical.

Since it appears that your visa application can be accepted without further court battles, I would just send in what the visa officer asked for, and not go to court.