Removing a person from a PR application

[bullbaywife]

Processing of my husbands application for permanent residence in Canada began in June 2011. In April 2012, my husband and I received confirmation from the Canadian Immigration office here in Canada, that his PR apps had met the eligibility requirements and that a final decision would be made when all remaining documents which included medical, security and background checks for him and all family members included on the application, had been received. We were also informed that letters requesting the above information had been sent to each member of my family.

Once we established that all member of his family had complied with the request from the Canadian Immigration and knowing that the application process takes some time, we waited for eight months before calling the Canadian Immigration help line for a update on his application. We spoke with a representative who informed us that the application was in Jamaica and there was a delay in proceeding with the application because they had not receive the requested information from his son.

My husband spoke with his sons mother who informed him that she did not want her son to be part of his fathers application because she didn't want him to migrate to Canada. So in Jan 2013, we sent a letter to the Canadian immigration in Kingston, requesting my stepson be removed from my husbands application. We didn't receiving any additional communication from Kingston for over a year, so we sent a second letter dated June 16, 2014, requesting once again, that his son be removed from his application.

To date, we still have not received any communication from Kingston.

My question is has anyone encountered this situation and is there anything else we can do to expedite the process?

I DEFINITELY would appreciate any advice or suggestions!!

Thanks for your help, in advance

 

[scylla]

CIC does not like excluding minors from applications because it means they can never be sponsored at a later date.

When you contacted CIC, did you include any evidence to demonstrate that the ex has refused to allow the child to do the medical (e.g. an email from her)?

Does the ex have sole custody or does your husband share custody. If the ex has sole custody, did you include this paperwork when you contacted CIC to ask that the child be excluded?

When you contacted CIC, did you state that you understood that removing the child means they can never be sponsored again?

 

[bullbaywife]

Thank you for responding so quickly. Yes we have done everything you suggested.

My stepsons mother wrote a letter and actually hand delivered it to the Canadian Immigration in Kingston. Unfortunately we did not receive a copy of the letter so I dont what was actually written in the letter. It was suppose to state that she did not want her son to be included in his fathers application for PR in Canada and to remove him from the application process. There is no formal custody agreement. Also, in both letters that my husband wrote he stated that he was aware and would accept that we would be unable to sponsor his son at a future date.

The sad part of this situation is that it has not only delayed my husbands application but it has delayed it for his other 3 children, too. I don't understand why my stepson's mother wouldn't want this for her son. It would have benefited him in the future.

 

[Alurra71]

You should make it perfectly clear to the childs mother that submitting him to a medical in no way says he has to immigrate to Canada. He can be included as a non accompanying minor, she can have his medical done and this would in turn allow him to remain with his mother, but also give his father the ability to sponsor that child to come to Canada if something were to happen to his mother later on. CIC has a VERY HARD time removing minor children from ANY ongoing application because of this.

As I said, make it clear to the boys mom that having him do the medical will only allow him to come to Canada later if something, god forbid, was to happen to her and all the boy had was his father. He will not be removed from his mother nor required to move to Canada with is father, however by having the medical, if that should change in the future, he would be able to be sponsored then. That is the best most effective way to handle the situation rather than just removing the child entirely from the application.

 

[sammystorm19]

The Kingston VO office is VERY bad at returning emails. You are better off asking your MP to assist you as they usually get answers back from them. I have about 3 emails I've sent this year that have gone unanswered. They are very difficult to a deal with.

 

[truestar]

I have submitted my permanent residence application to IRCC and now waiting for the response. Due to the negligence and incompetence of my representative, I don't want to pursue my application with the representative anymore and want to do it myself. I don't have the ID and password of my express entry profile. I would like to ask that if I raise a web form and submit IMM5476, how will that work? how will I get access to my application? Please guide.