non-accompanying, non-dependent child question

[heartland]

hi, there,

My wife has a child which is under full custody of the ex, and the legal document states she supported the child financially till the age of one, and she now is no longer supporting the child. my understanding is that her child is not regarded as dependent child. Am i correct? So the child doesn't need to get the medical, and his name only appeared in additional family member form.

Originally we put his name in 008 form and could not validate the form because if we put the child's name there, it appeared to be I am sponsoring my wife and his child. Any suggestion?

Thanks in advance.

 

[canuck_in_uk]

Hi

Custody/support arrangements have nothing to do with it. She is still legally the child's mother, so CIC still considers the child her dependent.

The child must be included in the app and undergo a medical. If the father or guardian refuses to allow the child to have the medical, you need to try to get proof of that. Your wife would need to submit a notarized declaration stating that she understands that the child will be excluded from the Family Class and she will not be able to sponsor him.

CIC does not like excluding children, so if that is what you end up doing, you can expect your app to be delayed.

 

[heartland]

Hi

Custody/support arrangements have nothing to do with it. She is still legally the child's mother, so CIC still considers the child her dependent.

The child must be included in the app and undergo a medical. If the father or guardian refuses to allow the child to have the medical, you need to try to get proof of that. Your wife would need to submit a notarized declaration stating that she understands that the child will be excluded from the Family Class and she will not be able to sponsor him.

CIC does not like excluding children, so if that is what you end up doing, you can expect your app to be delayed.

Thanks for the prompt answer. Do you know how to submit a notarized declaration? She is in China, and i am not sure how she can prepare those documents, and what authority she should contact to get those documents.

 

[canuck_in_uk]

A quick Google search shows that China has notaries.

 

[SeulDansMonBocal]

Can u c k said "you will not be able to sponsor him". I would like to say "you will NEVER be able to sponsor him if you give that documents.
Is the father actually refusing for the kid to do the medical?
I know in less developed country most women do not have great job so the children stay with their father in case of separtion/divorce. That doesn't mean the father is preventing the mother to do medical. If you submit that letter and something happens to the father the mother will not be able to sponsor him under famille.

 

[heartland]

Can u c k said "you will not be able to sponsor him". I would like to say "you will NEVER be able to sponsor him if you give that documents.
Is the father actually refusing for the kid to do the medical?
I know in less developed country most women do not have great job so the children stay with their father in case of separtion/divorce. That doesn't mean the father is preventing the mother to do medical. If you submit that letter and something happens to the father the mother will not be able to sponsor him under famille.

true. the ex has better job, and the child is under his full custody. They have cut off any connection between her and the child and she doesn't need to financially support the child either, and there is no way they will allow the child to go abroad with her, not even in the future.

 

[GAURIEVEIN]

Developing on similar thoughts wanted to check, if there is any alternate to the NOC from the father.

My problem is slight different. My husband stays in Bombay for last 3 years while me & my daughter stay in Delhi/ gurgaon.
I have no information on his residential address or place of work. Neither is he willing to stay in the marriage nor giving a divorce.

Though he maintains no contact with me yet he calls my daughter once a month or two. He pays nothing for her maintenance etc.

I have a 5 year old daughter (DOB: 01/01/2011) who i wish to take with me to Canada but my husband would not grant us the NOC.

Secondly, i have shown my status as married, but not included his name in the Nomination form (expression of interest received from ONTARIO). Would he need to undergo medicals too??

 

[canuck_in_uk]

Developing on similar thoughts wanted to check, if there is any alternate to the NOC from the father.


Secondly, i have shown my status as married, but not included his name in the Nomination form (expression of interest received from ONTARIO). Would he need to undergo medicals too??

The only alternative is to go to court and get full custody. If you can't show court papers or permission from the father, yor child will not be able to immigrate to Canada.

I suggest you file for divorce

 

[GAURIEVEIN]

Thank you for your quick revert.

While i am filling for divorce in another week, 10 days. The same shall take about 6 months to a year (best case, if not contested by him) if not more before the degree from the court is granted along with the custody of the child. Which shall delay my immigration & filling process. In such a senerio what is advised. Do we have any option/ alternate??

Also in case we do have any alternate, would that require my husband, to under go the medicals, since i have shown my marital status as married in the application.

Thanks a million.

Hoping for a positive revert.

 

[GAURIEVEIN]

besides, also wanted to check if the NOC is required by the Canadian embassy or Indian immigration??

 

[canuck_in_uk]

While i am filling for divorce in another week, 10 days. The same shall take about 6 months to a year (best case, if not contested by him) if not more before the degree from the court is granted along with the custody of the child. Which shall delay my immigration & filling process. In such a senerio what is advised. Do we have any option/ alternate??

Also in case we do have any alternate, would that require my husband, to under go the medicals, since i have shown my marital status as married in the application.

There is no alternative for the child. Court papers granting you complete and total custody or permission from the father. If CIC allowed the child to immigrate without either of those, they would be violating the Hague Convention by being a party to international parental kidnapping.

You should be showing your marital status as separated. Provided you can show proof you've filed for divorce, CIC should accept that your husband is not included in the app.

 

[Bintehassan]

Any suggestions regarding, non accompanying non dependent children?

 

[canadianwoman]

Even if the parent who is being sponsored to Canada does not support his or her child financially, the child is still a dependent child (if he or she falls within the age range). Therefore the child has to get a medical. It is really better to try to get the medical, even if the parent with custody does not want to allow it. Getting the medical done does not mean the child will be immigrating to Canada. The parent with custody would have to agree to that. But getting the medical means that if something should happen in the future, the Canadian PR parent will be able to sponsor the child then. Yes, you can sign a document stating you do not want to include the child in the PR application, and understand that this means you will never be able to sponsor him or her. But CIC does not like this, it will cause delays, and in any case it is not the best for the child. Try to get family or friends to convince the custodial parent that getting the medical is the best for the child. For example, the custodial parent might die; if no medical was done, then the non-custodial parent still could not sponsor their own child. Or the child might want to go to school in Canada for high school or university - if they don't get the medical now, they will not be able to be sponsored later when they might want to come.

 

[Canimagic]

Guys, hi to all!
Help me, please. I can't find information about where I need to send Statutory declaration. It should be sent to VO(Visa office) on paper or upload to CIC account\GCKey as electronic version?
Sorry for such maybe stupid question.