Reasons for Rejection

[Shipper]

i got rejected yesterday because i didn't submit my non-accompanying child's medical. Let me explain the scenario in detail

i applied under CEC and have 499 points.
i got divorced last year in September , 2015. i filed E-APR in September, 2015. i also talked to panel physician if they could do medical without passport or with different ID document. to which physician denied saying they can not perform medical examination without Passport.
my Child was born on 14/09/2007 with cerebral palsy ( which is incurable) my son's custody has always been with his mother since she left the home in September, 2009.
The court of law gave official custody of my child to his mother and full settlement alimony for ex-wife and child was paid in case and also mentioned in divorce judgement.
my ex-wife and her family members are stubborn and not willing to help me get my child medically examined. the problem is if we asked them now they will ask for more money which i am not in a position to pay.
the agent asked me to provide declaration for surrendering my rights to possibly sponsor my child in future and i have submitted that notarized.
after 1 month of that i got refusal yesterday stating the agent considered everything i submitted ( Declaration, Divorce Judgement, Email conversation with the Panel physician) but he still find is insufficient and telling me i haven't done attempts to get my child medically examined and haven't provided them proof of same as well as proof of my failure to those attempts.

problem is ex-wife will never agree to help me ,,, we tried ask them to help but all attempts were made verbally.

i dont know what to do.

Really sorry to hear about your refusal. Think you need to consult with a lawyer. A good lawyer would be able to furnish a response to successfully reopen/reapply your application.

 

[maged_mmh]

i got rejected yesterday because i didn't submit my non-accompanying child's medical. Let me explain the scenario in detail

i applied under CEC and have 499 points.
i got divorced last year in September , 2015. i filed E-APR in September, 2015. i also talked to panel physician if they could do medical without passport or with different ID document. to which physician denied saying they can not perform medical examination without Passport.
my Child was born on 14/09/2007 with cerebral palsy ( which is incurable) my son's custody has always been with his mother since she left the home in September, 2009.
The court of law gave official custody of my child to his mother and full settlement alimony for ex-wife and child was paid in case and also mentioned in divorce judgement.
my ex-wife and her family members are stubborn and not willing to help me get my child medically examined. the problem is if we asked them now they will ask for more money which i am not in a position to pay.
the agent asked me to provide declaration for surrendering my rights to possibly sponsor my child in future and i have submitted that notarized.
after 1 month of that i got refusal yesterday stating the agent considered everything i submitted ( Declaration, Divorce Judgement, Email conversation with the Panel physician) but he still find is insufficient and telling me i haven't done attempts to get my child medically examined and haven't provided them proof of same as well as proof of my failure to those attempts.

problem is ex-wife will never agree to help me ,,, we tried ask them to help but all attempts were made verbally.

i dont know what to do.

can you get her refusal in writing/email/whatsapp messages..etc? maybe this will constitute a proof for CIC agents

 

[talkto_vinay]

i got rejected yesterday because i didn't submit my non-accompanying child's medical. Let me explain the scenario in detail

i applied under CEC and have 499 points.
i got divorced last year in September , 2015. i filed E-APR in September, 2015. i also talked to panel physician if they could do medical without passport or with different ID document. to which physician denied saying they can not perform medical examination without Passport.
my Child was born on 14/09/2007 with cerebral palsy ( which is incurable) my son's custody has always been with his mother since she left the home in September, 2009.
The court of law gave official custody of my child to his mother and full settlement alimony for ex-wife and child was paid in case and also mentioned in divorce judgement.
my ex-wife and her family members are stubborn and not willing to help me get my child medically examined. the problem is if we asked them now they will ask for more money which i am not in a position to pay.
the agent asked me to provide declaration for surrendering my rights to possibly sponsor my child in future and i have submitted that notarized.
after 1 month of that i got refusal yesterday stating the agent considered everything i submitted ( Declaration, Divorce Judgement, Email conversation with the Panel physician) but he still find is insufficient and telling me i haven't done attempts to get my child medically examined and haven't provided them proof of same as well as proof of my failure to those attempts.

problem is ex-wife will never agree to help me ,,, we tried ask them to help but all attempts were made verbally.

i dont know what to do.

sad to hear
The worst is...you paid alimony to x-wife, you lost child custody but still you paid for him. She denied getting child medically examined & may ask for more money & lastly your application rejected due to that.
Experts may better advise but still you can do 2 things:
1. raise cse with proper explanations & get your application re-opened
2. After getting PR, dont get married to indian girl as laws are heavily biased in india

 

[Pippin]

NOMOre: I am also sorry to read your post. The thing that struck me is that even with a medical there is the possibility of refusal if cost of medical care is excessive. Perhaps your best route is to get legal advice on reopening your application with strong proof you have no intention of sponsoring (or even the option as evidenced by your child's mother having sole custody). Order your GCMS notes immediately. I wish you all the best.

 

[Pippin]

NOMOre: I did a bit more searching and found this in a recent thread.
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate

 

[fkl]

NOMOre: I did a bit more searching and found this in a recent thread.
http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate

Awesome effort pippin +1. This could be included as part of CSE attempt.

 

[linandzou]

emergency!!

My previous company head manager just received a call from Hong Kong visa office, but he didn't mention clearly about my NOC 0212 job duties, since he doesn't know the stuff in technical department. he only said that I was in charge of some projects as projects manager.


what should I do now? please help! so panic!

I am a inland FSW, somehow, my application is processing in Hong Kong!

 

[CanBC]

Has anybody been rejected after getting PPR recently?

 

[canadianrrk]

Has anybody been rejected after getting PPR recently?

I dont think one can get rejected after PPR.

 

[jes_ON]

5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate

This is the key point. I don't know what efforts NOMOre actually made to attempt to get the exam completed, but his post did not indicate any evidence - only an assertion that his ex and family would not cooperate. Although he furnished all other required documentation, there was no mention of documented efforts to get the medical completed, or the family's refusal to cooperate. "Documented effort" doesn't only mean a written refusal - that's just the easiest evidence to use. At the very least, you need a written explanation of what you tried, and why that didn't work. Other possibilities include keeping a log of telephone calls made and responses, providing contact information of the custodial parent, etc., or testimonial from a third party...

It may seem harsh on the part of the VO to refuse even with all the other evidence, but I'm sure they work with a checklist - and if something on the list is not checked ...

It won't hurt to request a reconsideration on the basis of 5.12, but there's a good chance that the decision will stand.

 

[LizzZ]

Hi guys. I'm starting to panic. I applied through the South Africa visa office and I suspect my application is being handled by the Pretoria office. I submitted my application on 3 February 2016. I got a request for additional documentson the 2nd of April and sent it through.
2 people I know who also applied through South Africa have not heard a word for the last 7 months and 10 days- also in South Africa and have unsuccessfully tried raising enquiries as to the status of their applications.
I'm very very worried- has anyone had delayed applications or know of someone who has ?
My 6 months is up on the 3rd August.

 

[N0M0re]

This is the key point. I don't know what efforts NOMOre actually made to attempt to get the exam completed, but his post did not indicate any evidence - only an assertion that his ex and family would not cooperate. Although he furnished all other required documentation, there was no mention of documented efforts to get the medical completed, or the family's refusal to cooperate. "Documented effort" doesn't only mean a written refusal - that's just the easiest evidence to use. At the very least, you need a written explanation of what you tried, and why that didn't work. Other possibilities include keeping a log of telephone calls made and responses, providing contact information of the custodial parent, etc., or testimonial from a third party...

It may seem harsh on the part of the VO to refuse even with all the other evidence, but I'm sure they work with a checklist - and if something on the list is not checked ...

It won't hurt to request a reconsideration on the basis of 5.12, but there's a good chance that the decision will stand.

there is a reason i didn't bother submitting attempts proof.

1. they never mentioned to me that they require such stuff.
2. in 2014 , Federal Court of Canada mentioned in one Case " In Rarama v. Canada (Citizenship and Immigration), 2014 FC 60 the Federal Court has held that once evidence of a child’s custody and the requested statutory declaration waving the right to sponsor the child have been provided to an immigration officer, it is unreasonable for that officer to then continue demanding proof of attempts made to have the applicant’s non-accompanying child medically examined or to refuse to grant the applicant’s application on the basis that the applicant had failed to provide such proof.



Subsection 117(9)(d) of the IRPA Regulations states that a foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if the sponsor previously made an application for, became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.



Accordingly, as the Federal Court also held in Rarama, once the statutory declaration is received, the officer no longer has any reason to require that an applicant’s child be medically examined. The Court confirmed that section 16(1) of IRPA provides that an applicant must produce all relevant evidence and documents that the officer reasonably requires. However, in circumstances such as the present one - where proof of a child’s custody and the requested statutory declaration have been provided to the immigration officer - the Court held that the information as to attempts by the applicant to have his or her child medically examined was no longer relevant nor was it reasonably required to finally process the application (for your ease of reference the Court’s judgment in Rarama, particularly paras 29-30 thereof, can reviewed at this link: http://www.canlii.org/en/ca/fct/doc/2014/2014fc60/2014fc60.html ). "

In that case the guy had no Custody Document , No Divorce Document . He only submitted the Declaration to let go his right to sponsor his child and a simple legal opinion from a lawyer that he can't compel the ex to undergo medical.

Moreover, I have Divorce document and Custody Document stating i only have Visiting right. also have submitted Declaration sent to me by CIC VO.

 

[Interista]

Hi folks !
I am really stressed and would like to read your feedback if you have already knowlodge about similar cases.
I am Jan AOR and received schedule A request some days ago. I answered "Yes" to The statutory question of visa refusal on the EE Profile and they are asking me to attach a letter to the schedule A and explaining why I have been refused a visa in the past.
The point is I don't know why they refused my studies visas requests. Overall I have submitted 3 studies visas to France and they refused them all but they never notified me the reasons. Their internal procedures prohibit to notify reason of long visa refusal. Only short time visa refusal are notified.
I tried to explain all this points to CIC in my letter, attached some justifications but I still worried if my PR Application could be rejected due to that. I am sure that on the security and criminality levels I am clean, I am just worried if Canadian authorities go to refuse my application because the French authorities did it in the past. Do you know similar cases where people have been asked to explain visa refusals and got their PPR in the end ?
Thank you

 

[Phunkdified]

Hi folks !
I am really stressed and would like to read your feedback if you have already knowlodge about similar cases.
I am Jan AOR and received schedule A request some days ago. I answered "Yes" to The statutory question of visa refusal on the EE Profile and they are asking me to attach a letter to the schedule A and explaining why I have been refused a visa in the past.
The point is I don't know why they refused my studies visas requests. Overall I have submitted 3 studies visas to France and they refused them all but they never notified me the reasons. Their internal procedures prohibit to notify reason of long visa refusal. Only short time visa refusal are notified.
I tried to explain all this points to CIC in my letter, attached some justifications but I still worried if my PR Application could be rejected due to that. I am sure that on the security and criminality levels I am clean, I am just worried if Canadian authorities go to refuse my application because the French authorities did it in the past. Do you know similar cases where people have been asked to explain visa refusals and got their PPR in the end ?
Thank you

I dont think you will be in trouble. I have seen many people who got their Student Visa cancelled for various other countries like USA and Australia, but still got through to get Visa for Canada. If you have applied with FSW, though the student visa refusal will be a point of discussion for the analyst, but that will never be the only reason to reject. So no worries !!

 

[Interista]

I dont think you will be in trouble. I have seen many people who got their Student Visa cancelled for various other countries like USA and Australia, but still got through to get Visa for Canada. If you have applied with FSW, though the student visa refusal will be a point of discussion for the analyst, but that will never be the only reason to reject. So no worries !!

Thank you mate for your support !