Possible to waive medical exam for non-accompanying dependent?

[kkgk1925]

Hi everyone,

Today I have received my ready for Visa mail after 1 year and 2 days. I also have not provided medical of my dependent child. I have not submitted any separate declaration for surrendering the sponsorship pf the child but I have just included this line in my LOE. So I guess they have accepted my all the documents and the LOE stating why I was not able to provide the medical.

I hope this helps..

 

[Bungali88]

Hi everyone,

Today I have received my ready for Visa mail after 1 year and 2 days. I also have not provided medical of my dependent child. I have not submitted any separate declaration for surrendering the sponsorship pf the child but I have just included this line in my LOE. So I guess they have accepted my all the documents and the LOE stating why I was not able to provide the medical.

I hope this helps..

That does help as I am faced with the same situation. I haven't received a request for a medical as of yet but my daughters mother has already told me she will not be getting the medical done. I guess all I can do is either A) Hope she changes her mind or B) Provide as much explanation as I can as to why the medical cannot be done.

Thanks

 

[kkgk1925]

congratulations..
can you please tell us how long did it take for your medicals approval ?

Hi I have no idea when my medicals got approved. My case is with my lawyer. All I can say that they expired in the last week of August 2019 and after around 20 days I received the mail.

 

[Karolina Bodnar]

Hi All,

Is only non-accompanying dependent has to do medical examination or other non-accompanying relatives as well? (Mother, brother, etc.)

I have completed mine few weeks back and now I have received an email stating I need to do a new CRC and underneath a reminder if I haven'tdone previously, I have to do a medical and all my family members as well, even though they are non-accompanying. Which was a surprise as I thought it's only for dependant relatives.

Thank you

Regards,
Karolina Bodnar

 

[canuck_in_uk]

Hi All,

Is only non-accompanying dependent has to do medical examination or other non-accompanying relatives as well? (Mother, brother, etc.)

I have completed mine few weeks back and now I have received an email stating I need to do a new CRC and underneath a reminder if I haven'tdone previously, I have to do a medical and all my family members as well, even though they are non-accompanying. Which was a surprise as I thought it's only for dependant relatives.

Thank you

Regards,
Karolina Bodnar

http://www.cic.gc.ca/english/helpcentre/glossary.asp#family_members

 

[zardoz]

Hello All,
At what stage does IRCC come back asking for non-accompanying dependents Medicals, if we are not providing the same and giving explanations and statutory declarations.

My current state is MEP -> passed. Does this mean they have accepted my explanations or they are yet to review the required documents for Medicals ?

I think that they will notify you that the unexamined dependent will be removed from the application. Don't assume anything.

 

[Miss Em]

Kia Ora!

My son is 21 and non accompanying. He is also a recluse and slightly estranged from me. I cannot rely on him to communicate regularly let alone undergo a medical examination.....I have asked for him to be exempt from examination as he hasn't been in my custody since he left home when he was 18. I have sent proof of attempts to contact him on facebook. Now I have received a letter:
If your child(ren) cannot be examined and you are able to provide proof that another person has sole
custody of your child(ren), you must provide a signed statutory declaration outlining the circumstances
of your inability to have your child(ren) examined. Your declaration must include details of all efforts you have made in order to have your child(ren) comply with immigration legislation, including specific reasons why you are unable to exercise parental rights. (he is 21)
I have asked my ex to write a letter stating that he is the guardian of our son in New Zealand...I'm not sure what else to do apart from terminate my application until he is 22 next year. This seems extreme to me and it has cost so much money.....has anyone else experienced this?

 

[canuck_in_uk]

Kia Ora!

My son is 21 and non accompanying. He is also a recluse and slightly estranged from me. I cannot rely on him to communicate regularly let alone undergo a medical examination.....I have asked for him to be exempt from examination as he hasn't been in my custody since he left home when he was 18. I have sent proof of attempts to contact him on facebook. Now I have received a letter:
If your child(ren) cannot be examined and you are able to provide proof that another person has sole
custody of your child(ren), you must provide a signed statutory declaration outlining the circumstances
of your inability to have your child(ren) examined. Your declaration must include details of all efforts you have made in order to have your child(ren) comply with immigration legislation, including specific reasons why you are unable to exercise parental rights. (he is 21)
I have asked my ex to write a letter stating that he is the guardian of our son in New Zealand...I'm not sure what else to do apart from terminate my application until he is 22 next year. This seems extreme to me and it has cost so much money.....has anyone else experienced this?

It's not extreme. A Stat Dec stating why you can't include the child and that you understand that the child will be forever excluded is the standard in this situation.

 

[Rehman-s]

It is possible for the PR application to proceed without the dependent being medically examined, but it will delay the process considerably.

CIC does not want to approve PR applications where a dependent has not been medically examined. They will repeatedly ask for the medical to be done. People have been able to convince the visa officer assigned to the file that they cannot get a medical done and are waiving their rights to sponsor the child, but the applicant will have to send a letter or affidavit about this to the visa office. The applicant will then have to sign a form stating that they know that by not getting the medical done, they will not be able to sponsor the dependent in the future.

It is far better to get the medical done. Try to convince the family members looking after the child, and the child, that it is in the child's best interests to get the medical done. If it is not done, the applicant will never be able to sponsor the dependent, even if the situation changes. For example, if the child later decides he or she wants to come to Canada, perhaps for school; if the people caring for the child die or can no longer look after him or her; etc.: without a medical exam now, the person still would not be able to sponsor the child later.

Hi I am 1 question for you what is the protocol onces the medical is done will they child be able to accompany me or she has to apply separately?

 

[YVR123]

Hi I am 1 question for you what is the protocol onces the medical is done will they child be able to accompany me or she has to apply separately?

If the medical for the child WASN'T done before parents' PR been granded, they will be FOREVER excluded from sponsorship.

You can't have it done after parents have PR and now decided to sponsor their kids.

Fact is if you want your child to eventually be a PR in Canada, you need to have medical done for the child. (accompany or not)

 

[den8190]

I received this letter but I don't have the custody of child so I can't have child examined. I don't have any contact with the ex-spouse as our divorce was very unpleasant. I tried to contact his aquintance and my ex completely denied to provide anything. I am just afraid at this point now. The only proof of my efforts to get medical done is the affidavit of that person who tried to contact my ex and he denied to give him any information of the child. Thanks for reading this and responding in advance.

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Subsection 42(a) of the Immigration and Refugee Protection Act indicates that a foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible.

Subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.

You have indicated that your child, xxxxxx born on 2010/xx/xx, cannot be examined because his father has full custody over him and you have had no contact with your child or his father for the past four years.

All family members, whether accompanying or not, are required to be examined as part of your application for permanent residence. If they do not undergo this screening, you cannot later sponsor them as members of the Family Class as they will be described under section 117(9)(d) of the Regulations which stipulates the following:

117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:

(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

If your non-accompanying family member is examined, you may choose to sponsor them as your dependant at a later date. However, if you choose to not have your non-accompanying family member examined, he/she will be excluded as a member of the family class. If you sponsor a non-examined non-accompanying dependant, and an officer determines that the previously non-accompanying dependent could have been examined during your own application but you chose not to make your dependant available for examination or your dependant did not appear for examination, that application will be refused pursuant to Regulation 117(9)(d).
If your child(ren) cannot be examined and you are able to provide proof that another person has sole custody of your child(ren), you must provide a signed statutory declaration outlining the circumstances of your inability to have your child(ren) examined. Your declaration must include details of all efforts you have made in order to have your child(ren) comply with immigration legislation, including specific reasons why you are unable to exercise parental rights. This declaration must be administered by a Commissioner for Oaths or Notary Public and must state that you are aware that you cannot sponsor your family member in the future. You must also provide any documentary proof or evidence that may support your statements in the statutory declaration.

If you choose to have your child(ren) examined, you must provide the following for each child:

 two passport size photos;

 a copy of his/her/their birth certificate(s) with a certified translation in English or French; and

 proof that they have been medically examined. Please refer to the medical instructions previously issued to you for your dependant(s). You can also visit the Immigration, Refugees and Citizenship Canada (IRCC) website at www.cic.gc.ca/english/information/medical/medexams-perm.asp for additional information.



The onus is on you to satisfy me that you are not inadmissible. I therefore request that you send the required documents and evidence to address my concern within thirty (30) days. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application. Should this occur, no further consideration will be given to your request for permanent residence unless a new application, including fees, is submitted.

 

[canuck_in_uk]

I received this letter but I don't have the custody of child so I can't have child examined. I don't have any contact with the ex-spouse as our divorce was very unpleasant. I tried to contact his aquintance and my ex completely denied to provide anything. I am just afraid at this point now. The only proof of my efforts to get medical done is the affidavit of that person who tried to contact my ex and he denied to give him any information of the child. Thanks for reading this and responding in advance.

This letter refers to your application for permanent residence under the Spouse or Common-law Partner in Canada class.

Subsection 42(a) of the Immigration and Refugee Protection Act indicates that a foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible.

Subsection 72(1)(e)(i) of the Immigration and Refugee Protection Regulations indicates that a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying or not, are not inadmissible.

You have indicated that your child, xxxxxx born on 2010/xx/xx, cannot be examined because his father has full custody over him and you have had no contact with your child or his father for the past four years.

All family members, whether accompanying or not, are required to be examined as part of your application for permanent residence. If they do not undergo this screening, you cannot later sponsor them as members of the Family Class as they will be described under section 117(9)(d) of the Regulations which stipulates the following:

117(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if:

(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

If your non-accompanying family member is examined, you may choose to sponsor them as your dependant at a later date. However, if you choose to not have your non-accompanying family member examined, he/she will be excluded as a member of the family class. If you sponsor a non-examined non-accompanying dependant, and an officer determines that the previously non-accompanying dependent could have been examined during your own application but you chose not to make your dependant available for examination or your dependant did not appear for examination, that application will be refused pursuant to Regulation 117(9)(d).
If your child(ren) cannot be examined and you are able to provide proof that another person has sole custody of your child(ren), you must provide a signed statutory declaration outlining the circumstances of your inability to have your child(ren) examined. Your declaration must include details of all efforts you have made in order to have your child(ren) comply with immigration legislation, including specific reasons why you are unable to exercise parental rights. This declaration must be administered by a Commissioner for Oaths or Notary Public and must state that you are aware that you cannot sponsor your family member in the future. You must also provide any documentary proof or evidence that may support your statements in the statutory declaration.

If you choose to have your child(ren) examined, you must provide the following for each child:

 two passport size photos;

 a copy of his/her/their birth certificate(s) with a certified translation in English or French; and

 proof that they have been medically examined. Please refer to the medical instructions previously issued to you for your dependant(s). You can also visit the Immigration, Refugees and Citizenship Canada (IRCC) website at www.cic.gc.ca/english/information/medical/medexams-perm.asp for additional information.



The onus is on you to satisfy me that you are not inadmissible. I therefore request that you send the required documents and evidence to address my concern within thirty (30) days. I must also advise you that failure to disabuse me of my concern may result in the refusal of your application. Should this occur, no further consideration will be given to your request for permanent residence unless a new application, including fees, is submitted.

You need your own notarized declaration stating what efforts you made and that you understand that the child will be forever excluded from the Family Class.

 

[den8190]

You need your own notarized declaration stating what efforts you made and that you understand that the child will be forever excluded from the Family Class.

My concern is that -Is the notarized declaration stating that enough to satisfy the officer that I am not inadmissible or do they keep asking to do anymore efforts or refuse the application

 

[canuck_in_uk]

My concern is that -Is the notarized declaration stating that enough to satisfy the officer that I am not inadmissible or do they keep asking to do anymore efforts or refuse the application

Generally, the notarized declaration is enough. This is why we advise that it be sent upfront with the app.

 

[Sidrahliaquat]

I just received PR without having a medical completed for a non-accompanying dependant.

It did not delay my application at all. I received PR 5 months after initially submitting my application to CIC.

All I had to include was the custody agreement stating that my ex has full custody, I only have rights to visitation as seen appropriate by my ex, and a signed statutory declaration stating that I understood that by my child not completing the medical they would be forever excluded from family class sponsorship and I would never be able to sponsor her.

I submitted the statutory declaration and custody agreement with the initial application and was never asked anything more about it.

I have full legal and physical custody of my daughter my exhusband is applying for canadaian pr he wants to drop the option of future sponsorship of my daughter can he do so just by showing the custody papers is he bound to inform me atleast