please shed some light your light your advice are highy appreciated

[londongurl]

hi guys anyone encountered this situation before can shed some light:
The situation is as follows Im sponsoring my husband ,british citizen he has 2 childen from his ex wife with whom no relation has been maintained for years and has not seen the children the children for years though he pay for the child care event he court of uk fined the wife for not allowing the children to have contact with my husband ,while my application is in process we had made it clear in all forms that he has 2 children with whom no contact has been maintained and its impossible to have the children medical though they are not accompanying and even in the future we will never sponsor them as but cic sent me an email requesting the medical otherwise our application will be refused :the email quote is below
Please note that unless a UK Court Order has been issued giving the mother of y and x sole parental responsibility, the children are considered to be your dependents for Canadian immigration purposes. This means that the children will have to meet statutory requirements as non-accompanying dependents. This will entail them having to meet routine medical requirements. We will NOT be issuing yand x with Canadian permanent residence visas, the purpose of them meeting statutory requirements is so that you do not loose the right to sponsor them for Canadian permanent residence in the future. Please note unless there is a court order giving their mother sole parental responsibility, we will not be able to continue processing your application unless the children each undergo a medical examination. For further information on the definition of a dependent child, please consult: www.cic.gc.ca


i would be grateful if you peeps have any idea or can help me and my hubby as we are providing all court and solicitors mail regarding the attempts made from my hubby to see the children and how his exwife prevented the children in meeting the father .but I wonder if cic will refuse to issue my hubby pr ,any one can shed some ideas ,im waiting for your answer peeps have 2 month to send the medicals im such in a lost ......

 

[androme]

hi guys anyone encountered this situation before can shed some light:
The situation is as follows Im sponsoring my husband ,british citizen he has 2 childen from his ex wife with whom no relation has been maintained for years and has not seen the children the children for years though he pay for the child care event he court of uk fined the wife for not allowing the children to have contact with my husband ,while my application is in process we had made it clear in all forms that he has 2 children with whom no contact has been maintained and its impossible to have the children medical though they are not accompanying and even in the future we will never sponsor them as but cic sent me an email requesting the medical otherwise our application will be refused :the email quote is below
Please note that unless a UK Court Order has been issued giving the mother of y and x sole parental responsibility, the children are considered to be your dependents for Canadian immigration purposes. This means that the children will have to meet statutory requirements as non-accompanying dependents. This will entail them having to meet routine medical requirements. We will NOT be issuing yand x with Canadian permanent residence visas, the purpose of them meeting statutory requirements is so that you do not loose the right to sponsor them for Canadian permanent residence in the future. Please note unless there is a court order giving their mother sole parental responsibility, we will not be able to continue processing your application unless the children each undergo a medical examination. For further information on the definition of a dependent child, please consult: www.cic.gc.ca


i would be grateful if you peeps have any idea or can help me and my hubby as we are providing all court and solicitors mail regarding the attempts made from my hubby to see the children and how his exwife prevented the children in meeting the father .but I wonder if cic will refuse to issue my hubby pr ,any one can shed some ideas ,im waiting for your answer peeps have 2 month to send the medicals im such in a lost ......

Hi, never had to encounter the above. however, my two cents on this is that CIC will need the medicals of all the people who has been mentioned in the forms. You see, its not actually CIC. Its the person who deals with your case. These people have to manoeuvre through lots of legal factors while dealing with a case. If the law or the policy says that they need the info of all mentioned in the forms the person dealing with the file might not think twice or wouldn't consider your specific situation. Forgive me, however for all CIC knows, your husband might mend his relationships with his kids in the future who might wanna join their father in Canada and who might have HIV or killed someone or might be a terrorist (sorry don't mean to be offensive.ust thinking from their perspective). Also once you include them in the form they are legally obligated to ask for their kids info. If you didn't mention it wouldn't have mattered. I know its lying if you didn't. However that's just the way it is. Iff you didn't mention and in thee future if you wanted to bring the kids to Canada the CIC can deal with it with an approach of "hey you didn't tell us earlier'. However now that you mentioned them, they don't have a choice but ask. Maybe if you can reach the minister through your lawyer or even please reach out to your MP. I don't mean too dishearten you or offend you. I hope even my most negative ccomments has or will help you. Cheers!!

 

[sakamath]

I haven't encountered this but...

There's one good thing that you did with your application is that you did not lie. Not only would this have haunted you two for the rest of your lives, it could also risk your application getting rejected for providing false information.

You have got two options.
1. Take all measures (and document it) to meet the children using legal means (take the help of local police, if required). You could then arrange for their medicals.

2. (a desperate measure) Make an affidavit, stating that you are unable to have access to the children (state exact reasons) despite all your efforts (the one that you documented above). Also state in the affidavit that the applicant understands that he will not be able to sponsor the children at a later stage because of a lack of their medicals.

 

[londongurl]

hi guys anyone encountered this situation before can shed some light:
The situation is as follows Im sponsoring my husband ,british citizen he has 2 childen from his ex wife with whom no relation has been maintained for years and has not seen the children the children for years though he pay for the child care event he court of uk fined the wife for not allowing the children to have contact with my husband ,while my application is in process we had made it clear in all forms that he has 2 children with whom no contact has been maintained and its impossible to have the children medical though they are not accompanying and even in the future we will never sponsor them as but cic sent me an email requesting the medical otherwise our application will be refused :the email quote is below
Please note that unless a UK Court Order has been issued giving the mother of y and x sole parental responsibility, the children are considered to be your dependents for Canadian immigration purposes. This means that the children will have to meet statutory requirements as non-accompanying dependents. This will entail them having to meet routine medical requirements. We will NOT be issuing yand x with Canadian permanent residence visas, the purpose of them meeting statutory requirements is so that you do not loose the right to sponsor them for Canadian permanent residence in the future. Please note unless there is a court order giving their mother sole parental responsibility, we will not be able to continue processing your application unless the children each undergo a medical examination. For further information on the definition of a dependent child, please consult: www.cic.gc.ca


i would be grateful if you peeps have any idea or can help me and my hubby as we are providing all court and solicitors mail regarding the attempts made from my hubby to see the children and how his exwife prevented the children in meeting the father .but I wonder if cic will refuse to issue my hubby pr ,any one can shed some ideas ,im waiting for your answer peeps have 2 month to send the medicals im such in a lost ......

 

[SoMuchpaperwork]

Personally I think the non-accompanying minor law is outdated and damaging to families.

Get the medical done to protect their right to follow in the future or else get out of our country... ??

Sometimes, like in my case, it's just not possible to get and by far not worth the damage to your family to fight.

Do what you can and if your application is denied for things out of your control then by all means complain, file an appeal and contact your local representative.

 

[SoMuchpaperwork]

I know this is a double post but I'd like to expand on this having faced something similar.

Personal observation:

the purpose of them meeting statutory requirements is so that you do not loose the right to sponsor them for Canadian permanent residence in the future

This is not a good rule because if you deny permanent residence on these grounds then you automatically lose the right to sponsor them in the future anyway, obviously, so the rule is NOT helpful to anyone. Also, when an ex is involved and they are refusing to co-operate it sets up a battle, in court or otherwise, which strains relationships further and that absolutely impacts the kids in a negative way. This rule needs to be amended or abolished, it doesn't exist in the U.S. Also, inland applicants are especially hard hit as the sponsor(and any kids with the sponsor) are already in Canada so this rule means tearing the family apart if denied and sent back. Sure you can re-apply but that won't matter since you will face the same problem again. Kids cry when they miss a parent, it's a VERY damaging rule.

While some exemptions are granted they are rare and in all cases the rule means someone needs to speak with an ex which is rarely a good thing, for anyone, so I hope this rule is abolished and SOON.

Anyway - You need to try everything you can including having someone else who has contact with the kids bring them to the doctor for you. A MAJOR problem is that the doctor will require ID in the form of a birth cert and a picture ID and these can be hard to get if they are in the hands of an ex, order them as soon as possible and get them to whomever will bring the kids.

Consider going back yourself to get it done BUT be warned that you are not necessarily going to be allowed back into the country if you have an inland application. Leaving Canada, as per the rules, effectively abandons your application and they will not issue a re-entry permit for this. Some countries have it easier, if you cross into the U.S. for example, but some have it harder. Border patrol services and immigration Canada are two entirely different entities and neither tells the other what to do. Some people have been deported when a visitors visa ran out even though they were less than a month from landing.

If everything fails you can provide immigration Canada with all of the details on ALL of your efforts but most likely you will receive a quote of the rules denying your request for exemption and will be given 60 days to comply. If you ask for an exemption KEEP TRYING ANYWAY. In fact keep trying right up until the 60 days goes by and ask for an extension before then to keep on trying.

Get your local representative involved, document your plight online and, if denied, make sure you (or your sponsor) appeal that decision within 30 days (inland applicants cannot appeal but sponsors can on their behalf). It's really unfair that you can be denied for something in the hands of an ex but that's currently the law.

DO NOT STOP TRYING! It may feel like you've tried everything and so it's time to wait on a decision for your exemption request but that's not likely to be approved. Don't waste time waiting for the exemption decision, use that time to try to find a way, ANY way, to get the kids to an approved doctor. As hard as that might be it's easier to comply with rules than to try and find a way around them.

Can you go back to get it done for him? Can he? Can a friend? Can a local representative? Talk to the ex, talk to the ex's family... try everything again and again. Can a lawyer get an injunction?(not likely, countries don't order kids to get medicals done for other countries)...try everything and keep trying. Good luck!

 

[herewecome]

Did you show you have tried to get medicals done? While clearly a fractured relationship exists with the kids, CIC will need to have seen at least the former. It's not clear from your post whether that was included.

 

[wowsers]

I assume the ex-wife and the children are in the UK, because you say that the court which has been considering the matter of access to the children is an UK court. Also by UK court do you mean a court with family jurisdiction in England or Wales? Remember that Scotland has a different system of law, of which I do not claim any knowledge. You are both considering living in Canada. So what is the point of denying the ex wife sole parental responsibility for the children? It is going to be completely impractical for your husband to have day to day control over the lives of his children if he will be living in Canada. Personally what I would consider doing if I were him would be (a) to see his solicitor with a view to getting a consent order giving the ex wife sole jurisdiction over the children, and to getting a date for the hearing from the court and (c)) to ask CIC for an extension of time until after the court hearing to produce the court order.

 

[londongurl]

yes they are in uk and thats was uk court with family jurisdiction ,my husband does nt have the papers where the ex has sole custody he id ask for vist but the ex never allowed any visit she denied visit and she was fined by the uk court and following the fine she made reconciliation to bring the children to court for my husband to see them and that was the end of it and she disappeared we dont know where to look for them

 

[wowsers]

yes they are in uk and thats was uk court with family jurisdiction ,my husband does nt have the papers where the ex has sole custody he id ask for vist but the ex never allowed any visit she denied visit and she was fined by the uk court and following the fine she made reconciliation to bring the children to court for my husband to see them and that was the end of it and she disappeared we dont know where to look for them

So what is the problem? You state that the ex wife has sole custody. That appears to be by virtue of a court order: the ex wife would not be an ex unless the parents' responsibility for the children had been sorted out before decree absolute. Anyway, without an order allocating responsibility for the children a court would have no reason to 'fine' her (incidentally, so far as I am aware, an impossibility: only criminal courts can 'fine' - do you mean that an order for costs was made against her?). If, as appears to be the case, there is a court order dealing with custody, all your husband needs to do is via his solicitor, or in person if he has no solicitor, to get a copy of the order from the court office and send it off to CIC to satisfy their condition. You appear to be making a mountain out of a molehill.

 

[Kiri]

He doesn't have papers stating she's the sole guardian, I see you say that... BUT in the courts is she on paper as the sole guardian and he just doesn't have a copy saying that to show CIC? If that is the case, contact the UK courts to get that. If not and there is joint custody then petition the court for paperwork stating what took place in the courts about the denial of visitation and then a statement from them stating there has been no contact since then and the whereabouts are unknown.