Non-accompanying dependents requiring medical examination

[Sere]

Greetings, just wondering if anyone is facing or has faced similar situation. We rec'd AIP letter and in it it states that until my spouse's daughter undergoes medical examination (my note for info: she is in custody of ex and is not being sponsored by us), that this may prevent him from receiving PR.

His daughter is in Europe, his ex will not allow her to be examined for fear that we are trying to take her away, and my spouse cannot go there, since we are in the middle of app'n for PR.

I've read the Operator Guides, and there is an exception under R23, R70(1)(e) that refers to dependents in custody of an ex ... something to the effect that they could be exempted (if decided by IO).

However, then there are other statements that seem to contradict this.

I was thinking to submit a signed statutory declaration saying we tried to have the daughter examined, however the ex is not cooperating, and in view that my spouse cannot leave this country so that he could physically accompany daughter to examination, that we seek to have her exempted with full understanding that this will affect any future sponsorship ability, or something like that.

We are so close to everything being finalized, and now there's yet another hurdle to face.

Anyone have any advice?

 

[thaiguy]

Greetings, just wondering if anyone is facing or has faced similar situation. We rec'd AIP letter and in it it states that until my spouse's daughter undergoes medical examination (my note for info: she is in custody of ex and is not being sponsored by us), that this may prevent him from receiving PR.

His daughter is in Europe, his ex will not allow her to be examined for fear that we are trying to take her away, and my spouse cannot go there, since we are in the middle of app'n for PR.

I've read the Operator Guides, and there is an exception under R23, R70(1)(e) that refers to dependents in custody of an ex ... something to the effect that they could be exempted (if decided by IO).

However, then there are other statements that seem to contradict this.

I was thinking to submit a signed statutory declaration saying we tried to have the daughter examined, however the ex is not cooperating, and in view that my spouse cannot leave this country so that he could physically accompany daughter to examination, that we seek to have her exempted with full understanding that this will affect any future sponsorship ability, or something like that.

We are so close to everything being finalized, and now there's yet another hurdle to face.

Anyone have any advice?

You could, of course, sign the statutory declaration you mentioned. And then your husband's daughter would never be able to immigrate to Canada.

But if I were you, I'd consider the possible benefit of having your husband leave to try to have the daughter examined. Yes, it's true he wouldn't be able to return to Canada until the application process was complete. But I wonder if it isn't a valid tradeoff for being able to sponsor his daughter sometime in the future. You never know what the future will hold. Perhaps the relationship with the ex-wife will improve.

Good luck.

 

[tamee]

oh she might pass away in a teerrible car crash (god forbid) and he wouldnt be able to bring his daughter to canada, if he sighns that paper itll for go any hope ever no matter what the situation.

 

[thaiguy]

Wow .. so dire. I try to stick to possible but likely circumstances.

 

[tamee]

sorry there, u just never know what might happen in the future, and giving up the right to ever sponsor ur kids in the future to ME is a big deal. Just wanted to get a point across

 

[cwolf241]

My ex wife and I went and got a noterized statement that our soon to be 18yr old son refuses to take a physical. We tried everything to get him to take it but he says he never wants to live where there is snow and he already has plans for his own future. He has a house and new car waiting for him when her graduates and a job. He also had heart surgery when he was 5yrs old and said he will never live anywhere else because he likes his doctors. All immigration told us was that the statement "may" work. They told me there was no other information they could give me. If he ever got sick or hurt then I would go to him anyway. He is my son. Doubt this helps but thought I would share

 

[Sere]

Thanks to all for sharing your thoughts.

cwolf241, did the notarized statement from your son work, or is this still unresolved for you?

thanks,