Sincerely NEED YOUR ADVICE - OOPNP & Non-accompanying spouse

[LookingUp1027]

dear friends,

i created my EE file claiming that "my spouse is not coming with me" and got PT from OOPNP, and just after i had my documents delivered to Ontario, i found out that medical exam was a MUST even for non-accompany dependents. my husband made it quite clear that he would not take the medical exam. i have no idea what i should do when OOPNP nominate me and i am asked to upload medical results for me, my kid (accompanying) and my husband....

i have seen cases in which application was deemed incomplete and rejected. what should i do?

PLEASE ADVISE

 

[Jkal]

The only way out is write a letter to them explaining the complete situation and why your husband can't have the medicals. Be honest and smart and pray that CIC give you a positive node (Btw, Medicals are required only after ITA)

 

[scylla]

The only way out is write a letter to them explaining the complete situation and why your husband can't have the medicals. Be honest and smart and pray that CIC give you a positive node (Btw, Medicals are required only after ITA)

A letter won't work. The only way to avoid the medicals for her husband is for the OP to prove that she and her husband are no longer together (e.g. are divorced, in the process of divorcing or are legally separated). Otherwise her application cannot be approved without her husband completing the medical.

 

[specialmary]

A letter won't work. The only way to avoid the medicals for her husband is for the OP to prove that she and her husband are no longer together (e.g. are divorced, in the process of divorcing or are legally separated). Otherwise her application cannot be approved without her husband completing the medical.

I agree. The reason CIC need your husband to do medical was that as a wife, you can apply Canadian immigration for your husband (and your dependents) later. He will be admitted even though his health is no good at the time when you apply for his immigration. By law, Canada cannot refuse you applying immigration for him. That is why even though you are not accompanying your husband, your husband has to do medical. If he fails in his medical your immigration is likely to be unsuccessful.

Therefore, one thing you may consider is to file a divorce, if he is unwilling to do the medical. I do not know if you have enough time. I would suggest you talking with an immigration lawyer about this issue. Alternatively, convince him to do the medical.

 

[LookingUp1027]

A letter won't work. The only way to avoid the medicals for her husband is for the OP to prove that she and her husband are no longer together (e.g. are divorced, in the process of divorcing or are legally separated). Otherwise her application cannot be approved without her husband completing the medical.

thank you scylla. i checked "married" in my application form and i don't know how the change of my marital status will affect my application? since my husband was sure he would not go to canada with me and our kid, i don't think our marriage will last for a long time.

 

[LookingUp1027]

I agree. The reason CIC need your husband to do medical was that as a wife, you can apply Canadian immigration for your husband (and your dependents) later. He will be admitted even though his health is no good at the time when you apply for his immigration. By law, Canada cannot refuse you applying immigration for him. That is why even though you are not accompanying your husband, your husband has to do medical. If he fails in his medical your immigration is likely to be unsuccessful.

Therefore, one thing you may consider is to file a divorce, if he is unwilling to do the medical. I do not know if you have enough time. I would suggest you talking with an immigration lawyer about this issue. Alternatively, convince him to do the medical.

many thanks specialmary, i will talk to immigration lawyer to see if i can get any help, meanwhile i am also trying to talk my husband into doing medical.

 

[scylla]

thank you scylla. i checked "married" in my application form and i don't know how the change of my marital status will affect my application? since my husband was sure he would not go to canada with me and our kid, i don't think our marriage will last for a long time.

You would need to update CIC to let them know that you and your husband have now separated. You will also need to provide proof that you have either started divorce proceedings or have legally separated. Either way, you'll need to provide legal paperwork to show that you are no longer together.

 

[specialmary]

In addition to svylla advice, it appears that you have kids and he or she probably has to go for medical as well, I believe. I am unsure he or she can skip it. I am not 100% sure, but you cannot divorce your child, I reckon, based in Canadian law.