Possible to waive medical exam for non-accompanying dependent?

[LTendi]

Good day,I need advice.we applied for PR 2 times and was refused as incomplete as we didn’t do medicals for non accompanying dependent who is my husband’s son from a previous relationship. The paternity was in question and finally my husband managed to do paternity tests only to find out the child isn’t his.now my husband wants the child to be removed from our third PR application and not do medicals for him,the mother is also not interested with child being included in the application. What evidence does IRCC need for us to exclude this child in the pr application as non accompanying dependent?will the paternity test results be sufficient enough?

 

[Blancherafal]

Hello. I hope this thread is still active. My partner and I have been waiting for our permanent residence application for 38 months now. We are very anxious already because we only have 5 months left until our work permits expire. My partner, who is the main applicant has a none- accompanying dependent 14 year old child out of wedlock from his ex girlfriend. Unfortunately, his ex refused to have the child examined. Our medical exam were requested and passed last 2020 without the child since the mother won’t allow it. It is still stuck in the medical exam status until now. From the start of the application, we have submitted an affidavit signed by the mother indicating that the child’s full custody is with her. This was submitted last 2019. Last 2020, my partner submitted a statutory declaration stating that he tried to contact the mother and convinced her about the medical exam but to no avail and that he understands that he wouldn’t be able to sponsor the child if it will be removed from the application. Still, we did not receive an update from the immigration. Recently, we have submitted a new statutory declaration signed by the child’s mother indicating that she’s not allowing the child to undergo a medical exam and that she understands that the child wouldn’t be sponsor anymore under family class and she added that if she dies, the custody of the child will not be given to my partner who is the father, rather to her parents. My partner also submitted a new statutory declaration understanding the consequences if the child will not undergo a medical exam. All these documents are notarized. Till then, we did not receive an update from IRCC still. Please help us on what to do next. We are very anxious already. Thank you in advance to those who can answer.

 

[Veevee87]

Hello. I hope this thread is still active. My partner and I have been waiting for our permanent residence application for 38 months now. We are very anxious already because we only have 5 months left until our work permits expire. My partner, who is the main applicant has a none- accompanying dependent 14 year old child out of wedlock from his ex girlfriend. Unfortunately, his ex refused to have the child examined. Our medical exam were requested and passed last 2020 without the child since the mother won’t allow it. It is still stuck in the medical exam status until now. From the start of the application, we have submitted an affidavit signed by the mother indicating that the child’s full custody is with her. This was submitted last 2019. Last 2020, my partner submitted a statutory declaration stating that he tried to contact the mother and convinced her about the medical exam but to no avail and that he understands that he wouldn’t be able to sponsor the child if it will be removed from the application. Still, we did not receive an update from the immigration. Recently, we have submitted a new statutory declaration signed by the child’s mother indicating that she’s not allowing the child to undergo a medical exam and that she understands that the child wouldn’t be sponsor anymore under family class and she added that if she dies, the custody of the child will not be given to my partner who is the father, rather to her parents. My partner also submitted a new statutory declaration understanding the consequences if the child will not undergo a medical exam. All these documents are notarized. Till then, we did not receive an update from IRCC still. Please help us on what to do next. We are very anxious already. Thank you in advance to those who can answer.

how do you know that the medicals is passed? Is it shown as passed in ur application? Is the non accompanying dependent still part of ur dependents list? What is the current status of ur application then? If it’s background check then u have nothing to worry… the delays are getting cleared and it will be fine soon.. if u want to discuss more on WhatsApp u can pass me ur number

 

[Blancherafal]

how do you know that the medicals is passed? Is it shown as passed in ur application? Is the non accompanying dependent still part of ur dependents list? What is the current status of ur application then? If it’s background check then u have nothing to worry… the delays are getting cleared and it will be fine soon.. if u want to discuss more on WhatsApp u can pass me ur number

Hi. Thank you for the reply. The last time that they gave us the GCMS notes last year it was indicated there that my partner and my medicals were passed. Last month, our local MP’s office called and asked if the dependent was still there and the agent affirmed that the non accompanying dependent is still in our application. Recently, we were able to contact again my partner’s ex and she sent a statutory declaration stating that she’s not allowing the medical exam to happen and that she will never give the custody of the child to my partner. Currently, we don’t know what’s our application status yet because we don’t have any update yet. We requested another GCMS notes but it’s been more than 2 months already to no avail. We are praying and hoping that we’re already in the background check section but still we don’t know. That’s what’s making us frustrated and anxious. Whenever we call, the automated update would be ‘we are processing your background check’ but we don’t even know if that’s true. Whenever we call, the agents couldn’t even tell us what’s our application status. No definite answer. We don’t know what to do anymore and what other documents do we need to submit because we felt like we sent the documents needed to support the non medical of the non accompanying child because of the mother’s refusal. Please help.

 

[Veevee87]

Hi. Thank you for the reply. The last time that they gave us the GCMS notes last year it was indicated there that my partner and my medicals were passed. Last month, our local MP’s office called and asked if the dependent was still there and the agent affirmed that the non accompanying dependent is still in our application. Recently, we were able to contact again my partner’s ex and she sent a statutory declaration stating that she’s not allowing the medical exam to happen and that she will never give the custody of the child to my partner. Currently, we don’t know what’s our application status yet because we don’t have any update yet. We requested another GCMS notes but it’s been more than 2 months already to no avail. We are praying and hoping that we’re already in the background check section but still we don’t know. That’s what’s making us frustrated and anxious. Whenever we call, the automated update would be ‘we are processing your background check’ but we don’t even know if that’s true. Whenever we call, the agents couldn’t even tell us what’s our application status. No definite answer. We don’t know what to do anymore and what other documents do we need to submit because we felt like we sent the documents needed to support the non medical of the non accompanying child because of the mother’s refusal. Please help.

In my case I got my medicals passed only last week after submitting Statutory declaration again as requested by them.. and now the status is background application in progress.. I’m hoping will hear from ircc soon.. which is ur visa office?

 

[Blancherafal]

In my case I got my medicals passed only last week after submitting Statutory declaration again as requested by them.. and now the status is background application in progress.. I’m hoping will hear from ircc soon.. which is ur visa office?

We applied inland. We applied last July 2019 and we submitted an affidavit signed by my partner’s ex that she has full custody of the child. October 2020, my partner and I and the non-accompanying child received a medical request. My partner tried to convince his ex but she refused. My partner and I went on medicals last December 2020 and it was submitted to IRCC by the panel physician the same month. My partner also submitted a statutory decleration stating that his ex refused and that he understands and acknowledges that he wouldn’t be able to sponsor the child under family sponsorship if the child will not undergo a medical exam. He submitted it January 2021. Months passed by, no update. Thus, we decided to request for GCMS notes. When we received the GCMS notes last August 2021, it was indicated that his and my medical exams were passed and the non accompanying child pending. We submitted another declaration requesting for the child to be removed from the application. We called around October 2021 and they said that the request was already in the dept. We waited and asked for GCMS notes but again to no avail. We called and then the agent said they have not yet decided what to do with the child. Several follow ups were made but to no avail. We filed for Writ of Mandamus and got an update from IRCC last June 1, 2022 asking us to submit an updated Schedule A forms, for both him and I. After that, no update. Mandamus case was dismissed last July 2022, still no update. We went to the MPs office here in the province and they called and said that the child is still in the application. Last August 2022, we were able to contact his ex and she gave us a notarized stat dec stating that she refused the child to be examined and that she understands that whatever happens the child would not be sponsored by my partner. We sent it last month. Till now, no update. This is very depressing already. We just want an update

 

[Blancherafal]

We applied inland. We applied last July 2019 and we submitted an affidavit signed by my partner’s ex that she has full custody of the child. October 2020, my partner and I and the non-accompanying child received a medical request. My partner tried to convince his ex but she refused. My partner and I went on medicals last December 2020 and it was submitted to IRCC by the panel physician the same month. My partner also submitted a statutory decleration stating that his ex refused and that he understands and acknowledges that he wouldn’t be able to sponsor the child under family sponsorship if the child will not undergo a medical exam. He submitted it January 2021. Months passed by, no update. Thus, we decided to request for GCMS notes. When we received the GCMS notes last August 2021, it was indicated that his and my medical exams were passed and the non accompanying child pending. We submitted another declaration requesting for the child to be removed from the application. We called around October 2021 and they said that the request was already in the dept. We waited and asked for GCMS notes but again to no avail. We called and then the agent said they have not yet decided what to do with the child. Several follow ups were made but to no avail. We filed for Writ of Mandamus and got an update from IRCC last June 1, 2022 asking us to submit an updated Schedule A forms, for both him and I. After that, no update. Mandamus case was dismissed last July 2022, still no update. We went to the MPs office here in the province and they called and said that the child is still in the application. Last August 2022, we were able to contact his ex and she gave us a notarized stat dec stating that she refused the child to be examined and that she understands that whatever happens the child would not be sponsored by my partner. We sent it last month. Till now, no update. This is very depressing already. We just want an update

Hello again. May I ask what channel did you send your statutory declaration? Is it via web form or a certain email address? Thank you in advance for your reply.

 

[Blancherafal]

Hello. Good day everyone. May I ask what channel did you use to send your additional documents? Is it via web form or a certain email address? We’ve been sending our statutory declarations through web form for 2 weeks now but we’re not getting any response from IRCC. This is so frustrating. Thank you in advance to those who can answer.

 

[yoli85]

We applied inland. We applied last July 2019 and we submitted an affidavit signed by my partner’s ex that she has full custody of the child. October 2020, my partner and I and the non-accompanying child received a medical request. My partner tried to convince his ex but she refused. My partner and I went on medicals last December 2020 and it was submitted to IRCC by the panel physician the same month. My partner also submitted a statutory decleration stating that his ex refused and that he understands and acknowledges that he wouldn’t be able to sponsor the child under family sponsorship if the child will not undergo a medical exam. He submitted it January 2021. Months passed by, no update. Thus, we decided to request for GCMS notes. When we received the GCMS notes last August 2021, it was indicated that his and my medical exams were passed and the non accompanying child pending. We submitted another declaration requesting for the child to be removed from the application. We called around October 2021 and they said that the request was already in the dept. We waited and asked for GCMS notes but again to no avail. We called and then the agent said they have not yet decided what to do with the child. Several follow ups were made but to no avail. We filed for Writ of Mandamus and got an update from IRCC last June 1, 2022 asking us to submit an updated Schedule A forms, for both him and I. After that, no update. Mandamus case was dismissed last July 2022, still no update. We went to the MPs office here in the province and they called and said that the child is still in the application. Last August 2022, we were able to contact his ex and she gave us a notarized stat dec stating that she refused the child to be examined and that she understands that whatever happens the child would not be sponsored by my partner. We sent it last month. Till now, no update. This is very depressing already. We just want an update

Your case is complex. Have you reached to an immigration lawyer? I don't know if a immigration consultant can help, which would be cheaper.
Also, it seems to me that you should apply for a work permit extension for your spouse. It's better to avoid ending up without a legal status.

 

[Tanvir123456]

Good day,I need advice.we applied for PR 2 times and was refused as incomplete as we didn’t do medicals for non accompanying dependent who is my husband’s son from a previous relationship. The paternity was in question and finally my husband managed to do paternity tests only to find out the child isn’t his.now my husband wants the child to be removed from our third PR application and not do medicals for him,the mother is also not interested with child being included in the application. What evidence does IRCC need for us to exclude this child in the pr application as non accompanying dependent?will the paternity test results be sufficient enough?

Could you please confirm how your application was rejected ? I mean they rejected your application even though you provided all necessary documents such as custody, statutory declaration and all other evidences that you tried to do the medical but you failed? Did IRCC send you any notification regarding this?

 

[Tanvir123456]

Hello. I hope this thread is still active. My partner and I have been waiting for our permanent residence application for 38 months now. We are very anxious already because we only have 5 months left until our work permits expire. My partner, who is the main applicant has a none- accompanying dependent 14 year old child out of wedlock from his ex girlfriend. Unfortunately, his ex refused to have the child examined. Our medical exam were requested and passed last 2020 without the child since the mother won’t allow it. It is still stuck in the medical exam status until now. From the start of the application, we have submitted an affidavit signed by the mother indicating that the child’s full custody is with her. This was submitted last 2019. Last 2020, my partner submitted a statutory declaration stating that he tried to contact the mother and convinced her about the medical exam but to no avail and that he understands that he wouldn’t be able to sponsor the child if it will be removed from the application. Still, we did not receive an update from the immigration. Recently, we have submitted a new statutory declaration signed by the child’s mother indicating that she’s not allowing the child to undergo a medical exam and that she understands that the child wouldn’t be sponsor anymore under family class and she added that if she dies, the custody of the child will not be given to my partner who is the father, rather to her parents. My partner also submitted a new statutory declaration understanding the consequences if the child will not undergo a medical exam. All these documents are notarized. Till then, we did not receive an update from IRCC still. Please help us on what to do next. We are very anxious already. Thank you in advance to those who can answer.

Did you get the VISA? I have a dependent child with my ex wife and I submitted all the necessary documents such as custody document, evidences that I communicated with my ex wife and she refused to co-operate and I also submitted statutory declaration. I submitted all the documents when I initially applied but later IRRC sent us a medical request form for my child who is in my ex wife's sole custody

 

[Tanvir123456]

Hi,
I have received an ITA and submitted my Permanent Application back in May 2017. I am divorced and my ex-wife has the custody of my child (4) as can be seen on the court documents, on top of that, she refused to let me have any contact with my child and it has been a couple years without having any kind of communication as I don't even know where she/they live anymore.
I submitted as part of the application, all the legal documentation of this situation plus a very extensive letter of explanation as I cannot obtain a medical examination for my non-accompanying family member.

Today (4 months later) I have received a notice from CIC, requesting me to provide the medical exam, this is a snippet of the letter:


"All family members, whether accompanying or not, are required to be examined to ensure that they are
not inadmissible to Canada. You must make every effort to have your non-accompanying family
members examined. You cannot simply choose not to have them examined. If you are unable
to meet this requirement, you must satisfy an officer that extenuating circumstances prevent you
from doing so and that you have made all reasonable efforts to meet this requirement.
If all of your family members are not examined and you are unwilling or unable to provide
supporting documentation to satisfy an officer that you have made all reasonable efforts to meet
this requirement, your application will be decided based on information available on file which
may result in the refusal of your application.
If you are unable to have all of your family members examined, you must provide the following as proof
of your efforts to have them examined;
i) A statement and supporting documentation for your attempts to have your non-accompanying
family members examined and,
ii) An explanation as to why your attempts to have your non-accompanying family members
examined have not been successful, including court documents, custody and/or separation
documents as applicable. Note: Not having custody of a child should not normally be an
impediment to having the child examined.

You must show that you have made all reasonable efforts to have your family members examined. We
will review the documentation provided and advise you whether there are sufficient reasons to consider
granting relief from having your non-accompanying family members examined. It is only in truly

exceptional circumstances, when there are clear humanitarian and compassionate grounds, where relief
may be granted from not meeting the requirements of the Act.
We remind you that failing to declare a spouse or child in your application, prior to becoming a
permanent resident, may lead to an inadmissibility finding for you, even if you have already become a
permanent resident."


- Does anybody have solid documentation (or a case law reference) about renouncing future immigration sponsorship of a estranged family member?
- Does anybody have a template or guidelines of how such "statement" has to be prepared? would a notarized document be required in this case?
- Does anybody have any specifics of what "reasonable efforts" would be considered valid in this case? I have send several emails to my ex-wife and got no response. I cannot find her on facebook or any other social network. The last known phone number is answered now by some strange person and the last known home address is not valid anymore as different tenants live there now. She did have relatives in a different city (not my home city) and I am currently working in Canada on a Work Permit, meaning that I cannot travel back to my home country to try to look for her/my-child.

Thanks in advance for your help.
Pianoman

I am in a similar situation like you. I submitted all the evidences and required documents but still CIC asked for the medical. Then I uploaded more documents to support. It's been 9 months since my AoR but my medical status in the profile says " we did not receive the results of your required medical exam". But in additional document section it says " we are reviewing the additional documents that you provided" I am really clueless now about what is happening.

 

[Tanvir123456]

We didn't hear anything from CIC after we sent in our letter either. What happened was his medical went from under review to passed and then everything happened quickly after that. They got the letter the end of December, his medical passed Jan 19, BGC changed to started and complete and on Jan 23rd he got his PPR email. Looks like his kids were holding him up until they got our letter. I am not sure why everything is taking so long right now but I feel for everyone having to wait forever. I would say if your medical changes that would be a good sign. Fingers crossed you get the same officer we had.

am in a similar situation like you. I submitted all the evidences and required documents but still CIC asked for the medical. Then I uploaded more documents to support. It's been 9 months since my AoR but my medical status in the profile says " we did not receive the results of your required medical exam". But in additional document section it says " we are reviewing the additional documents that you provided" I am really clueless now about what is happening.

 

[Tanvir123456]

Hi. Thank you for the reply. The last time that they gave us the GCMS notes last year it was indicated there that my partner and my medicals were passed. Last month, our local MP’s office called and asked if the dependent was still there and the agent affirmed that the non accompanying dependent is still in our application. Recently, we were able to contact again my partner’s ex and she sent a statutory declaration stating that she’s not allowing the medical exam to happen and that she will never give the custody of the child to my partner. Currently, we don’t know what’s our application status yet because we don’t have any update yet. We requested another GCMS notes but it’s been more than 2 months already to no avail. We are praying and hoping that we’re already in the background check section but still we don’t know. That’s what’s making us frustrated and anxious. Whenever we call, the automated update would be ‘we are processing your background check’ but we don’t even know if that’s true. Whenever we call, the agents couldn’t even tell us what’s our application status. No definite answer. We don’t know what to do anymore and what other documents do we need to submit because we felt like we sent the documents needed to support the non medical of the non accompanying child because of the mother’s refusal. Please help.

Did you get any reply finally?

 

[sobysam01]

am in a similar situation like you. I submitted all the evidences and required documents but still CIC asked for the medical. Then I uploaded more documents to support. It's been 9 months since my AoR but my medical status in the profile says " we did not receive the results of your required medical exam". But in additional document section it says " we are reviewing the additional documents that you provided" I am really clueless now about what is happening.

Did you get any reply from IRCC ?