Leon said:
They might want to make sure that his ex hasn't changed her mind.
Have you explained to the ex that:
1. Getting the medicals does not mean he can steal the child if he doesn't have full custody. Immigration is very strict on people having full custody of their children before they would ever issue a PR visa, besides Canada and the US are both a party to an international agreement on child custody so if he were to manage to steal the child to Canada, the Canadian police would hound him down and send the child back.
2. Not getting the medicals means he can never sponsor his daughter. This would mean that:
a) If something happens to the mother, he can not bring his daughter to Canada to live with him.
b) When his daughter is 18 and might want to stay in Canada for a while, possibly study as it is cheaper than in the US if you are a PR or work for a while, she will not be able to and she may not thank her mother for that in the future.
This is not relevant to my situation but I was wondering about this hypothetically.
Obviously in the situation you address above, the child can never be sponsored to come to Canada as she was never examined under the father's PR application and so did not form part of the family class.
Say, god forbid, something happened to the mother of that child and the father returned to his home country to assume custody of the child. Say, also, that the father had never applied for Canadian citizenship and was therefore subject to the ongoing residency requirements of his PR status. Now I understand he can still fulfil the residency requirements provided his Canadian spouse lives in the home country with him, but if it were the case that she was not living with him and his PR lapsed due to not meeting the residency requirements, he would of course be required to reapply for PR entirely if he should wish to take up residency in Canada again.
If, at that time, he included the child on the new PR application and she was examined, does she then miraculously form part of the family class despite being excluded from it in connection to an earlier application? Or, in other words, does the judgement that a child is excluded from the family class lapse when the associated PR status lapses, or does that judgement remain regardless of the PR status?
Just a thought I was having. I wonder if this has ever been tested through an appeal or similar. I wouldn't like to give anyone false hope but I do wonder if the notion of 'family class' in connection to an individual is tied up to a specific granting of status or if it is kind of 'overarching'?