Please help - Medical not done for child

[NV1986]

Hi,

I have applied PR in CEC, where I received refusal.

I got divorced 5 years before and I have child with my ex-wife where she has full custody of my child.
When CIC asked for child medical she was not ready to help so I have given following documents to CIC.

1. Affidavit that I will not sponsor my child in future and my ex-wife is not ready to help in this.
2. Divorce order which has mentioned that my ex-wife has full custody of my child.
3. Letters which I have sent to her and she did not reply where I tried to convince her for child medical
4. In submission, my lawyer mentioned court cases for reference where Judge has approve judicial review for such refusals.

please suggest what should I do now.
They still refused my application and I afraid if I apply again they will refuse with same reason.

 

[craig123]

Ask for your lawyer to file for reconsideration. I am aware there are cases where when application is denied due to some issue you can get the case reopened. This is usually an email along with same documents attached again for reconsideration. Do this even before going ahead and applying again.

Good Luck. Hope this avenue works out for you.

 

[NV1986]

Thanks for your reply.

My lawyer has filed a case in court for judicial review.
So does anyone know, if Judicial asks for reopen/review application by another officer what should they do?

Do they still decline the application or is there any chances to get this application approve?

 

[bootsal]

Hi,
Can you confirm if you have visitation rights or have paid alimony and maintenance to your wife and for your child.
Which country is the divorce/custody decision taken place?
I am awaiting pr decision with the same issue.

 

[NV1986]

I can only see my child once in three month and yes I have given alimony and maintenance to my ex-wife.

I got divorce in India.

Can you please help if court order for reconsideration, what should be the next action then
Can you please suggest.

 

[NV1986]

Appreciate if you can help and suggest here.

 

[NV1986]

Can you please help if anyone knows in this.

 

[NV1986]

someone knows this process or help here

 

[bootsal]

I guess you will have to wait for the judicial review here. It's a difficult situation but be hopeful.

 

[NV1986]

Thanks.

Can you please give some detail of your case.

Did you get any reply from CIC for your case?

 

[bootsal]

Thanks.

Can you please give some detail of your case.

Did you get any reply from CIC for your case?

My hubbys son, as in my stepson is in full custody with his mother and we are not able to provide medical as my hubby has no access to his kid. We submitted the same documents as you except for the previous reference. My hubby had provided with a notarised declaration for being ok to exclude the son from future sponsorship. In his case he did not have to pay alimony or maintenance and also does not have access to his son.

So far it's more than 257 days and we have not received any request as yet file is at ndvo.

Can you please confirm if your rejection came from local visa office or cpc Ottawa.

We are clueless about what's happening there.

 

[bootsal]

My best guess in your case is since you have visitation rights and paying maintenance, they are considering the custody as partial.
You need to provide some document, letter from your ex refusing to let medical done. This might help build your case.
If at all possible try your best on this.

I guess you will have to wait for the judicial review here. It's a difficult situation but be hopeful.

 

[NV1986]

Thanks for your reply.

In my refusal letter, officer clearly mentioned that I am satisfied that your ex-wife has full custody of your child.
But still he refused the application.

I am surprised that from more than 250 days, you did not receive any update from CIC.

My application was refused from CPC Ottawa.

you can send email for update to CIC they will reply for sure.

Thanks

 

[bootsal]

Thanks for your reply.

In my refusal letter, officer clearly mentioned that I am satisfied that your ex-wife has full custody of your child.
But still he refused the application.

I am surprised that from more than 250 days, you did not receive any update from CIC.

My application was refused from CPC Ottawa.

you can send email for update to CIC they will reply for sure.

Thanks

Hi @NV1986
Did you receive any further communication on your case.
I am still stuck with no feedback as yet on the medicals

 

[NV1986]

My case is approved and got PR.
Please find my post if that can help you.

https://www.canadavisa.com/canada-immigration-discussion-board/threads/child-medical-pr-approved.547890/