noncustodial parent being asked about noncustodial child in relation to PR

[claudeteacher]

Hello, I have a question. My Korean wife has a child from a previous marriage, but she does not have custody nor visitation rights. However the Manila office is asking that the child do a medical check.
When we filled in all the forms (ie: IMM0008) we indicated that the child would not be accompanying her. The documents from the Korean government (Family Register) show that she is not a dependent, living with father, etc.
Now we have 30 days to complete a new medical check for the wife and to send her docs to Manila, but we need to submit the daughters too.
This is problematic for numerous reasons.
Do we have any recourse?
please any help ASAP

 

[marlasinger]

medical checks have to be done for all dependants on an application, even if they are "non-accompanying", otherwise they will denied from ever being sponsored to Canada in future. so should something ever change and your wife wants to sponsor her child to canada after she's a landed PR, it would be impossible without the medical exam being done now.

if that isn't a problem for your wife, my advice would be for her to do the medical exam asap and when you send off the proof/receipt to the VO, include a letter stating exactly why you couldn't do a medical for the child - that you understand the consequence of this, but that she have no contact with the child and has no way of getting it done, that she has no legal rights to the child. you'll might need to provide proof that you tried to get the medical done and that your wife has no access to her daughter or that the father wouldn't allow it.

this wouldn't result in a denial of your wife's PR application, but you can expect delays as CIC will have a difficult time allowing a child to be excluded from a family class application.

 

[canuck_in_uk]

Hi

CIC doesn't like excluding children from the Family Class; they will delay the app and request as much proof from you as possible. If in future, your wife wanted to bring her child to Canada and tried to fight the exclusion, CIC could show that they did their due diligence in trying to have the child included but the applicant refused.

The easiest thing is if the father will just consent to the medical. If you can explain to him that it does not mean that the child will go to Canada, that the child can't immigrate without his express legal permission, maybe he would be willing.

If the father won't consent, you will need more proofs. Do you have court papers or more official documents showing that she doesn't have custody? Your wife will need to get a notarized letter stating that she understands that her child will be forever excluded from the Family Class and that she will never be able to sponsor her. Something in writing from the father refusing for the child to undergo the medical would also be beneficial.

 

[Panamai]

In the eyes of the CIC, if you are a biological parent of a child, that child will be your dependent no matter who has custody. I have two children in sole physical custody of my ex-husband, but they still had to do the medical exams. If you are unable to gain access to the child for this, you could write a letter (or even better get the other parent to write one) explaining the circumstances. If you choose to go this route, just know that if the child ever wants to immigrate to Canada, she cannot do it under the family class option. She will be permanently excluded to do so based on her relationship to your wife. Think of this scenario: If the child's father dies or becomes unable to care for the child, will your wife want to take her? Would Korea allow the child to choose to live with her when she is older? Will she want to?

 

[claudeteacher]

Thanks for the insight, we have sent a letter explaining the situation to the embassy in Manila. They were prompt in replying yesterday, so hopefully they will give us an answer quickly.

 

[ssudarjothi]

Thanks for the insight, we have sent a letter explaining the situation to the embassy in Manila. They were prompt in replying yesterday, so hopefully they will give us an answer quickly.

Hey claudeteacher, what happened to your case? finally CIC accepted your explanation letter? Even I am in the same boat.. I am not able to provide documents for my child who is living with my EX-Spouse..

 

[avgamiao]

Hi Claudeteacher. My husband has the same situation and i am just wondering how long it took for you to get a reply back from Manila immigration.