Possible to waive medical exam for non-accompanying dependent?

[jimshady]

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

If he shows the custody paper along with any proof that he tried to contact you and were un-coperative(maybe).

 

[jimshady]

Hello Everyone, hope you all doing good.

I submitted this declaration for my non accompanying kid as he is with my ex and I cannot convince her for getting his medicals done.

Today I got a ADR from CIC, asking for CUSTODY document evidence. I am worried as I do not have the custody doc. Is there anything that I can do to on this ? Any inputs/help is highly appreciated.

==================================================
Mail from CIC :

Thank you for your interest in Canada.

We have begun processing your application for permanent residence, and in order to make a decision we require the following information/documents:

"ZZZZZZZZZZZZZ"

Custody Documents: Provide custody documentation issued by the relevant judicial authority. As you have not provided documentary evidence that your child is in the sole custody of another person, examination for the following family member(s) must continue:

"YYYYYYYYYYYYYYYYYY"

Examination for your family members must commence within 60 days from the date of this letter or a decision regarding your ability to comply with these requirements will be taken on the basis of the information on your file. This may result in your application being refused and no further consideration given to the request for permanent residence unless a new application, including fees, is submitted.

.This must be received at this office by: "XXXXXXXXXXX"


==============================================================

The court must have given you some sort of document proving the mother has sole custody. Or else you will have to get the custody papers.

Personally i provided my custody papers and a declaration, and a complete marriage history.
That was sufficient.
However every case officer is differnet. Someone else told me they were asked of proof that they contacted their ex spouse but she refused. An email was available.
Maybe you could email and sms, written proof and once a reply comes in you can send that.
But again custody papers were required esp when they asked for it.

 

[jimshady]

Hello, I am facing a similar situation where my husbands ex is uncooperative. We plan to write a Statuatory Declaration and have it notarized. I am wondering if we should send it in with our initial application or wait for them to request the medical of the dependents. The other question was whether we need to have it notarized in Canada or the country he is from?

I didnt have it notarized. Just a letter if declaration and signed by me. Have the rules changed?
It always helps if you send them everything in the application. Custoday papaers, declarations and LOE as to un cooperative spouse etc. Make the officers life easier and shows them you are upfront.

 

[cindyestteacher]

I didnt have it notarized. Just a letter if declaration and signed by me. Have the rules changed?
It always helps if you send them everything in the application. Custoday papaers, declarations and LOE as to un cooperative spouse etc. Make the officers life easier and shows them you are upfront.

I am surprised they accepted your doc without it being notarized, but that's good for you!

 

[cindyestteacher]

krishnavecca- what's the update on your application? I am in a similar situation. I have been asked to provide custody documents for my non-accompanying child. I don't have any custody document. What can I present to IRCC?

Present them with ANYTHING you have to document....emails, phone records where you tried to call, Snapchat texts..If you don't have texts, then document that you did try to contact via text and /or email and provide the dates you did so. IRCC wants to know that you made a good attempt to do so.

 

[Moon-123]

Hello, My ex-partner is doing his papers for obtain a Permanent Resident VISA, he doesn´t have the custody of our child...
He just asked me in a very impolite way the medical exam...also he doesn´t want to pay for it...he just said that it is for the best of our child without explaining me the benefits for my child... his attitude makes me feel that he is just using this... to don´t show the Canadian government that I have the full custody...saying that his the responsible of our child in Canada...I also think that with that paper...he can try to obtain the custody in the future...that I absolute will deny to him. We split because of his problems with drugs...and I can´t trust on his behavior and values anymore, also I can´t trust on him the education. He is paying a little support for our child...that´s not enough to pay the montly amounth for covering the full day care service of our child.

 

[scylla]

Hello, My ex-partner is doing his papers for obtain a Permanent Resident VISA, he doesn´t have the custody of our child...
He just asked me in a very impolite way the medical exam...also he doesn´t want to pay for it...he just said that it is for the best of our child without explaining me the benefits for my child... his attitude makes me feel that he is just using this... to don´t show the Canadian government that I have the full custody...saying that his the responsible of our child in Canada...I also think that with that paper...he can try to obtain the custody in the future...that I absolute will deny to him. We split because of his problems with drugs...and I can´t trust on his behavior and values anymore, also I can´t trust on him the education. He is paying a little support for our child...that´s not enough to pay the montly amounth for covering the full day care service of our child.

It's best for your child because this will give your child the option of obtaining Canadian permanent residency / Canadian citizenship in the future. If your child does not do the medical, then this will not be possible. Doing the medical gives your child the best / most options for their future.

 

[jimshady]

It's best for your child because this will give your child the option of obtaining Canadian permanent residency / Canadian citizenship in the future. If your child does not do the medical, then this will not be possible. Doing the medical gives your child the best / most options for their future.

Yes best for your child in the future. Once your child grows up he/she can give a reference in canada.

Forget the attitude of your husband. And the letter you give will only be used for this purpose. Better use a lawyer to word it properly. (for future protection).

 

[canuck_in_uk]

Hello, My ex-partner is doing his papers for obtain a Permanent Resident VISA, he doesn´t have the custody of our child...
He just asked me in a very impolite way the medical exam...also he doesn´t want to pay for it...he just said that it is for the best of our child without explaining me the benefits for my child... his attitude makes me feel that he is just using this... to don´t show the Canadian government that I have the full custody...saying that his the responsible of our child in Canada...I also think that with that paper...he can try to obtain the custody in the future...that I absolute will deny to him. We split because of his problems with drugs...and I can´t trust on his behavior and values anymore, also I can´t trust on him the education. He is paying a little support for our child...that´s not enough to pay the montly amounth for covering the full day care service of our child.

I don't know what "paper" you are referring to but allowing your child to do the medical has nothing to do with custody.

 

[Moon-123]

My child have already two nationaliies and she is less than two years old. I don´t get any point to get a third one...since we both (my baby and I) we are not moving nor planing to live in Canada

 

[canuck_in_uk]

My child have already two nationaliies and she is less than two years old. I don´t get any point to get a third one...since we both (my baby and I) we are not moving nor planing to live in Canada

Your child may decide differently for themselves in 16 years.

 

[Moon-123]

That´s true, she will be able to decide by herself where she would like to live or study!!!

 

[canuck_in_uk]

That´s true, she will be able to decide by herself where she would like to live or study!!!

Exactly. In these situations, when the custodial parent refuses the medical, the only person that is really hurt is the child, as it takes away possible life opportunities for them.

 

[maddievdl]

krishnavecca- what's the update on your application? I am in a similar situation. I have been asked to provide custody documents for my non-accompanying child. I don't have any custody document. What can I present to IRCC?

If you don't have a custody documents, make sure you save all your communications with your ex-partner such as e-mail, text or chat exchanges. Try to explain your side why a medical exam is important to non-accompanying child, if your ex- still refuses or the child refused to do so, make sure you document your conversation, it helps to make timeline on how you tried to convince them, also make sure you have a concrete evidence of refusal from them, such as e-mail, text or chat exchange. take a screen shot of your conversation and document them, print the screen shot photos of messages.. also if you have some sort of legal battle or altercation in your attempt to convince them, such as police blotter, that might be helpful as well. Your. documentation needs to be notarized in a lawyer's office. Make sure to keep your originals. I hope this is helpful.

 

[Engineer43]

Hi,

I am in similar situation, I have submitted the court documents and nortarized letter updating the situation and surrending Future sponsorship rights. Our AOR was 20 Nov 2019, no update to date, no progress, our medicals still under review, is any one else in similar situation where medical are still under review i.e. nearly 6 months...