Possible to waive medical exam for non-accompanying dependent?

[kkgk1925]

IRCC have to agree with the decision to remove an individual from the medical examination requirement. It's not automatic, just because you send a "declaration".

Yes I am aware about it. That's why I am just asking if anyone got their PR recently. I have not talked about being automatic or why IRCC is delaying applications without dependent medical.

 

[jimshady]

Thanks! Do my ex need to sign the letter? Or just a letter of explanation that my ex has a custody of my son?

Just loe from me was sufficient... But every immigration officer is different

 

[niceguy24]

I am in similar situation. I applied for my mother's PR under Family sponsorship. Only for my mother and not for my father. He was never interested to come to Canada because of his other commitments. He does not even have passport. I mentioned that clearly in my mother's application and also informed CIC on email when his medicals were requested. But they asked to go for medicals even though he is not accompanying. He agreed to go through medicals for the first request. However CIC requested some additional medical checks and he declined to go through that. So, my mother's application is not proceeding ahead and I received final notice for father's medical.

So, in this case should my mother get a notarized letter renouncing future sponsorship to my father ? Please help.

 

[drai]

Hi everyone, I m also going through same situation where my husband has two kids from his previous marriage. We sent affidavit two weeks before we got medical requests for non-accompanying dependents also. I have no idea what to do next? Because affidavit it already sent. If any suggestions please help me out.

 

[scylla]

I am in similar situation. I applied for my mother's PR under Family sponsorship. Only for my mother and not for my father. He was never interested to come to Canada because of his other commitments. He does not even have passport. I mentioned that clearly in my mother's application and also informed CIC on email when his medicals were requested. But they asked to go for medicals even though he is not accompanying. He agreed to go through medicals for the first request. However CIC requested some additional medical checks and he declined to go through that. So, my mother's application is not proceeding ahead and I received final notice for father's medical.

So, in this case should my mother get a notarized letter renouncing future sponsorship to my father ? Please help.

No - not possible. Either your father completes the additional medical tests and passes the medical, or your mother's application will be refused. There is no other option available. Your father must complete the medical in order for your mother's sponsorship application to be approved.

 

[niceguy24]

No - not possible. Either your father completes the additional medical tests and passes the medical, or your mother's application will be refused. There is no other option available. Your father must complete the medical in order for your mother's sponsorship application to be approved.

Thanks scylla for your response. I talked with one Immigration Lawyer. He suggested to write a Statutory Declaration for non-accompanying dependent and get it notarized. I am thinking to go ahead with this option. No other alternative. Does anyone have format for this or help me with the form please.

 

[scylla]

Thanks scylla for your response. I talked with one Immigration Lawyer. He suggested to write a Statutory Declaration for non-accompanying dependent and get it notarized. I am thinking to go ahead with this option. No other alternative. Does anyone have format for this or help me with the form please.

I don't have a format for the letter. However for this to have some chance of working, I believe you'll need to show that your mother and father are separated and no longer living together as husband and wife (ideally show proof that they have been separated and not living together for some time now).

 

[cindyestteacher]

I had 4 non-accompanying minors. I had lost contact with 2 of them for a bit due to the breakdown of my marriage with their father. My ex-husband will not allow the younger 2 to have medicals and I have an email to prove that I requested it AND that he says he will not allow it. I found the older two and I contacted them through Snapchat. They did not want to have the medicals done, but I also found out they are both married with babies which would disqualify them, however my medical still has not been updated. I am hoping and praying for the best for me..and all of you.
(I also have sent in a Statutory Declaration notarized by an atty here in Canada detailing info about all 4 dependents.)

 

[zardoz]

I had 4 non-accompanying minors. I had lost contact with 2 of them for a bit due to the breakdown of my marriage with their father. My ex-husband will not allow the younger 2 to have medicals and I have an email to prove that I requested it AND that he says he will not allow it. I found the older two and I contacted them through Snapchat. They did not want to have the medicals done, but I also found out they are both married with babies which would disqualify them, however my medical still has not been updated. I am hoping and praying for the best for me..and all of you.
(I also have sent in a Statutory Declaration notarized by an atty here in Canada detailing info about all 4 dependents.)

They are no longer "dependent children" if they are now married. The only ones needing to be "dealt with" are the younger two.

 

[cindyestteacher]

They are no longer "dependent children" if they are now married. The only ones needing to be "dealt with" are the younger two.

That's what I thought too, however, they tell me they are "locked in" as they were when I applied....at that time I marked they were single but they were, in fact, in a commonlaw or married relationship but I didn't find out until after I applied. I guess we shall see. Thank you.

 

[zardoz]

That's what I thought too, however, they tell me they are "locked in" as they were when I applied....at that time I marked they were single but they were, in fact, in a commonlaw or married relationship but I didn't find out until after I applied. I guess we shall see. Thank you.

No, there is no "lock in" when dependent children marry/common-law. "Lock in" only relates to age, not marital status.

 

[cindyestteacher]

No, there is no "lock in" when dependent children marry. "Lock in" only relates to age, not marital status.

Okay. That is great to know. Thank you so much. My "medicals" are still saying they have not received them (I did mine last November) so maybe they will be favorable. I did include my email to the youngest 2's father requesting and his reply sent back that said they" absolutely do not have his permission to be examined medical or otherwise." and he has all major decision making authority. Thank you again for your time.

 

[tan4]

We got the same letter for my husbands 3 kids as we didn't do their medicals either. Both his ex wives have full custody as stated on the divorce decrees we submitted. We wrote a declaration stating that he is fully aware that he will never be able to sponsor his kids as family class to Canada. That he fully understood the consequences and could they please be exempt from the application. We explained that he wasn't in his sons lives and that they didn't really know him and if anything happened to their mom, they would be better off with their stepdad and her family. His daughter, we said we spoke to her mom and she refused and left it at that. We also explained that she would be spending her summers with us as per the visitation set by the courts. Three days after they received it, his medical went to passed, bgc started and complete a couple days after that then he got his ppr. It was a 4 month start to finish. A lot also depends on your case officer and we got lucky as I read a lot that they actually had to go to court to get medicals done.

Your ex obviously doesn't want to be found. You should explain it all in a declaration and send in copies of your unanswered emails and another copy stating she has full custody. State on the bottom that you are aware you can never sponsor your child under family class and to please exempt them from your application.

Not promising it will work, but it worked for us. Good luck!

Hey Landagirl! I know it's an old post, but would it be possible to share the format letter that you notarised? It would be really helpful so I am sure I dont miss anything..

 

[cindyestteacher]

Hello All,
I am in the same situation. Can anyone help me with the format of Affidavit/LOE/Statuatory declaration for excluding dependent kid from the PR medicals. My kid is with my ex-wife and there is no possibility I could get the medicals done for the KID.

I am on holiday now, however I will be home tomorrow. I can share with you the example of the affidavit we used for my 4 non-accompanying children.

 

[cindyestteacher]

Hello All,
I am in the same situation. Can anyone help me with the format of Affidavit/LOE/Statuatory declaration for excluding dependent kid from the PR medicals. My kid is with my ex-wife and there is no possibility I could get the medicals done for the KID.

Here is what we said on our Declaration. (I happen to have my laptop with me and found it.)

Statutory Declaration

Surrender of Right to Sponsor ​

I, ________________, of (your physical address) in the Province of (your Province in Canada) do

solemnly declare that the facts are true, and I make this solemn declaration conscientiously believing it

to be true, and knowing that it is of the same force and effect as if made under oath.


(Here type any documentation like where your ex has said he or she won't allowed the child to be examined. It helps if you have emails or some sort of documentation (phone calls, dates, etc.) where he or she said the child won't be allowed to be examined.) For us, I attached a copy of an email I sent to my children's father and his reply saying he won't allow it. Also, if you have custody legal papers..that helps, too.) Even IF you attempted to contact your ex and they did not respond...document it.. Immigration wants to know that you at least tried to get it done.

(at the bottom type this)
I, (your name) surrender my right to sponsor now, and in the future the following and humbly

request they be exempt from the medical examination.

(your child's full name here)


I _________________- in the County of ________, in the Province of _________, do solemnly

declare that the above statement is true and accurate.

Date: _______________________ Date:_______________________


Signature _______________________ Witness________________________