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
