Non-accompanying spouse refusing to cooperate for medicals/pcc

[armoured]

I did not send letter or mail to the registered address however, I called her on more than a dozen occasions, sent emails to her and her sisters, sent text messages and whatsapp calls but no letter to mailing address. ...

I am not sure if these documents would work or the IRCC is going to act strictly and refuse my application?

The point of these procedures is that basically under common law (and civil law of many, many countries), for some types of things you are expected to provide legal notice, and legal notice usually means sending a registered letter (a letter which gets a receipt that it has been delivered) and in some cases (eg whereabouts unknown) to place a notice in newspapers or public register/gazette.

You should speak to your lawyer in Pakistan about - ideally - providing some type of notification to the mother acc to local legal procedures, eg pls, hereby request to allow the child to be examined, this would allow the child to potentially immigrate to Canada in future, pls respond.

[At least I assume this was the point]

 

[Prab2020]

@armoured Thanks for your response and yes fair point. However, I have already submitted because the IRCC gave us 7 days to submit " The custody document from the relevant authorities". Hence, I did explain that after divorce custody lies with the mother and she has preferential right and case references specifically focused on where custody of minors was given to mother because after 7 years of age mother's right to custody over son ends. Therefore, in that case if a father needs to apply then he would have to apply via court. I did tell the IRCC that I will not apply for custody not now, not in future. And also resubmitted an Affidavit to surrender the right to sponsorship again. I really hope they accept these documents and remove my estranged child from the application

 

[canuck78]

@armoured Thanks for your response and yes fair point. However, I have already submitted because the IRCC gave us 7 days to submit " The custody document from the relevant authorities". Hence, I did explain that after divorce custody lies with the mother and she has preferential right and case references specifically focused on where custody of minors was given to mother because after 7 years of age mother's right to custody over son ends. Therefore, in that case if a father needs to apply then he would have to apply via court. I did tell the IRCC that I will not apply for custody not now, not in future. And also resubmitted an Affidavit to surrender the right to sponsorship again. I really hope they accept these documents and remove my estranged child from the application

Would keep taking steps to clarify that mother will have full custody for life and you have taken every step to contact her like registered mail. We have seen many cases where IRCC is not convinced and sends another medical request. It would be much better if you had a personal custody agreement that your ex-wife will have full custody until adulthood.

 

[Prab2020]

@canuck78 . I don't think I can take more steps to explain because I have already submitted my response. IRCC sent me two medical requests one last year and one this year, and after that they SENT me 2 procedural fairness letters. The latest procedural letter said to "To provide custody document from relevant authorities or otherwise the application will be refused as incomplete".

I have already submitted my response i.e. Explanation letter, Legal Opinion from Lawyer, Affidavit to Surrender Sponsorship. What else I can do??

 

[canuck78]

@canuck78 . I don't think I can take more steps to explain because I have already submitted my response. IRCC sent me two medical requests one last year and one this year, and after that they SENT me 2 procedural fairness letters. The latest procedural letter said to "To provide custody document from relevant authorities or otherwise the application will be refused as incomplete".

I have already submitted my response i.e. Explanation letter, Legal Opinion from Lawyer, Affidavit to Surrender Sponsorship. What else I can do??

I guess you’ll need to wait to see the reply but as I said IRCC is very reluctant to remove minor children from applications.

 

[ellelle]

Did you ever get PR? Sounds like a tough situation.

@canuck78 . I don't think I can take more steps to explain because I have already submitted my response. IRCC sent me two medical requests one last year and one this year, and after that they SENT me 2 procedural fairness letters. The latest procedural letter said to "To provide custody document from relevant authorities or otherwise the application will be refused as incomplete".

I have already submitted my response i.e. Explanation letter, Legal Opinion from Lawyer, Affidavit to Surrender Sponsorship. What else I can do??