Possible to waive medical exam for non-accompanying dependent?
- Thread starter jkebe
- Start date
Hello please I did an affidavit with my lawyer handling my aplication, declaring I don't want my 2 kids back home included on my inland spouse sponsorship aplication, because I could not get thier medical done due to my ex wife refuse giving me information about them, is that acceptable, I can't sponsor them now or future will immigration officer handing my file accept this, because that's the only thing delaying my application now, any idea please
You will likely need to show that you have made every attempt to include the children in your application. IRCC tries very hard to avoid not including dependents on applications because too many children want to come to Canada in the future for example when they reach 18.
It's not that easy and can't be done in one step. You need to prove that you can't do it. And only after that IRCC will send you a waiver to be signed by you and a notary public.
Hey can u please explain properly how u go about this I'm in same situation file transfer to etobicoke almost 2 months now after signing affidavit with my lawyer that I can't get my kids medical done and I don't want them included on my pr
Please can I get more info about your situation I'm in Same situation right now but I already did an affidavit and signed with my lawyer in February when medical was ask for my kids that thier mom would not get them examined and I exclude them from my pr aplication but file transfer to etobicoke waiting almost 2 month now nothing from etobicoke office
I’m an PNP Outland principal applicant with an accompanying spouse. Now, the problem is my husband had a child with his ex gf. We mentioned this child as non-accompanying in our application .They were not married so there is no divorce or custody document. He filed a petition for custody of the child since 2022 and the court has not ruled on it since then. Neither is there a custody agreement. We have begged her for medicals. Infact we’ve been texting her literally every month since July 2024. And she has refused to cooperate. We filed for medical request in court in January 2025 and the judge overruled our motion. IRCC sent us the first medical request last month; February 2025. Please what can we do? We have submitted evidences of all our efforts but we have no custody order or agreement to submit to IRCC.
You only have two choices, as far as I'm aware: you either continue to keep the child as non-accompanying (which could eventually result in refusal of your app, if you can't get the medicals, etc); OR you request IRCC to drop the child as non-accompanying, which will mean the child can never be sponsored by your spouse.
The latter will not be easy: your husband will now have to convince IRCC that he is no longer interested in custody (may mean dropping the custody petition) and sign documents stating he can never sponsor the child. (IRCC will be reluctant to accept this because it seems he has been trying quite hard to get custody).
Now obviously would be better if you could get the child's other parent to allow the child to have the medical. If your husband is willing to accept the loss of custody, the obvious compromise is that he gives up custody in exchange for the mother permitting the medical to go ahead. The 'pitch' to her would be that the child cannot be sponsored to Canada before the age of 18 without her permission - but allowing the child to have the medical now means they could be sponsored in two situations - 1) if something happens to her while the child is a minor, or 2) at age 18 or after, the child may want to attend university in Canada or have the opportunity to consider immigrating before age 22 (in other words, she would be preserving the child's opportunities in the future. This is logical, but I can't say that she'll accept it, of course.
[While it's conceivable your husband could continue to fight for custody, he'd likely never be able to exercise it while residing in Canada - because not able to sponsor; and IRCC may want to see basic acknowledgement that he's no longer seeking custody.]
Good luck.
We’ve offered her giving her sole custody in exchange to have the child do the medicals and she still refused. We are beginning to think maybe she’s thinking a DNA test will be done or something. We no longer understand her like this. Are you suggesting we give her sole custody or just drop the custody case entirely?
I don't have any solution if she's refused everything.
See my first two options - and if you wish to immigrate to Canada together, there is really only one option. You'd have to contact IRCC and notify that husband will abjure custody and sign documents to effect that he acknowledges can never sponsor. (I don't know about giving her sole custody or dropping case, probably amounts to same thing.)
Could anyone let me know how long from asking from a child to be removed from the application it took for a response from IRCC and by how much the process of doing so delayed your application by if at all? Thank you.
IRCC is generally very reluctant to remove a dependent child. You will have to prove you have attempted to do everything to have them do a medical first.
All extensive attempts have been documented and, the request to remove the child has been forwarded some months ago by our lawyer. Just looking for a timeframe it took for other people (dealing with a completely uncooperative custodial mother of the child). Thanks.
There is no timeframe. Really up to VO to determine what they deem is every attempt to contact other parent/child and do the medical. There have been many examples of children growing up and then wanting to be sponsored which is why IRCC is very reluctant to remove dependent children.