Spouse refuse to take Medical Exam

[dx79]

I went into bad relationship with my spouse (co-applicant) and probably make my decision to divorce her in the next few months.

But the time of Medical Examination is totally unpredictable and divorce take up to 6 months or longer to legally effective. So if ME comes in this period, spouse certainly will refuse to undergo ME and I will be fail to submit divorce certificate to VO as well.

According to ME letter states that "fail to provide the documents requested within 45 days of the date of this letter your application will be assessed based on the information available on file. This may result in your application being refused."

So this is really BAD for me if happens. Any offical way to avoid this exception? Any practical trick to postpone if the ME comes...

I tried consult VO but they do not give any useful opinions. Seriously, appreciate your advice.

 

[Leon]

If you are starting divorce proceedings do you have any paperwork regarding that? As for being separated etc.? I think you should try providing whatever you have or if you don't have anything, try to get a notarized statement from a couple of people who can testify to the fact that you are separated from your ex. Of course getting a statement from the ex would be better but the ex may not be willing.

 

[nursemich]

Are you fsw applicant? If you declare that you will be divorce, the point/s that your spouse has with her education or something like that will be lost..

 

[nano24482]

Change the category of your wife from accompanying family members to non accompanying(by informing the same to CHC and doing some changes in your form).
Hope that doesn't affect your points.
Inform them when the procedure is due.

 

[wicky]

"Final divorce, annulment or separation certificates for you and your spouse. "Statements of divorce" are not acceptable."

Quote from IMM 7023

But I think by changing the status of spouse from accompanying to non accompanying the Principal applicant still need to provide a consent letter or declaration and if he provides this this means there is no divorce and only the status changes of the non accompanying dependent on the date when informing VO.

Section 10 of IMM7023 States

NON-ACCOMPANYING FAMILY MEMBERS DECLARATION (IF APPLICABLE):
If you have a spouse, common-law partner or dependent children and you do not intend to include them in your application for permanent residence, submit with your application:
•a notarized statutory declaration stating your intention to proceed to Canada without your family members, and
•confirming that you understand that your family members must meet immigration requirements in their own right if they wish to join you in Canada.

Hope it Helps
Wicky

 

[dx79]

Thank you all for replies.

I suppose change spouse to non-accompanying will lose points, marks have enough for that. But it concerns me that non accompanying spouse still need to undergo ME...

It is quite good idea to me that have some other people testify my separation to ex in notarized statement, just wondering if that can satisfy VO?

"Final divorce, annulment or separation certificates for you and your spouse. "Statements of divorce" are not acceptable."
Quote from IMM 7023.

what kind of separation certificates can satisfy VO? Is that have to be issued by court?

 

[Leon]

I don't think saying you are travelling will work because you can go to a DMP anywhere in the world. Just be honest with them. Tell them that you and your wife are separated and you want to remove her from the application. Tell them that you do not have the divorce papers yet. Wait to hear back what they say.

 

[dx79]

I don't think saying you are travelling will work because you can go to a DMP anywhere in the world. Just be honest with them. Tell them that you and your wife are separated and you want to remove her from the application. Tell them that you do not have the divorce papers yet. Wait to hear back what they say.

Thank you for the advise.

I found below statement in IMM7023 "Applicants may, at any time, request that medical instructions be issued, and may undergo an immigration medical examination, at their own risk."

So I am wondering if request immediate medical instruction is good for my case. Because it appears that undergo Medical Examination will give 12 month "probation period" that require no further cooperation from my ex, and that give me pretty much enough time to end up with the legal divorce certificate.

Only question is, "at their own risk", what is the specified risk this refer to? Is this request could considered otherwise drawbacks to my FSW case?

 

[nano24482]

Honesty is the best policy so, in my opinion do as what Leon has stated, though it will delay your case

 

[dx79]

Thank you all so much for all the replies. They haver been very helpful.
Now, I have some update that I have checked CAIPS and confirmed that my points MEET 67 pts without spouse bonus pts.

In this condition, and I have submit application that change spouse from accompanying spouse to non-accompanying spouse, hope that will work, specially when she denies to undergo ME when we are still legally married....

 

[khebra]

Thank you all so much for all the replies. They haver been very helpful.
Now, I have some update that I have checked CAIPS and confirmed that my points MEET 67 pts without spouse bonus pts.

In this condition, and I have submit application that change spouse from accompanying spouse to non-accompanying spouse, hope that will work, specially when she denies to undergo ME when we are still legally married....

Even you mentioned that the spouse are non-accompanying, they will need the medical as well as per the below word from CIC offical site :

'''Medical exam requirements for permanent residentsYou must pass a medical examination before coming to Canada. Your dependants must also pass a medical examination even if they are not coming with you.Applications for permanent residence will not be accepted if that person’s health:
•is a danger to public health or safety; or
•would cause excessive demand on health or social services in Canada.


So you should submite divorce paper so that the CIC will not ask for the spouse medical

Thanks

Khebra

 

[dx79]

Even you mentioned that the spouse are non-accompanying, they will need the medical as well as per the below word from CIC offical site :

'''Medical exam requirements for permanent residentsYou must pass a medical examination before coming to Canada. Your dependants must also pass a medical examination even if they are not coming with you.Applications for permanent residence will not be accepted if that person's health:
•is a danger to public health or safety; or
•would cause excessive demand on health or social services in Canada.


So you should submite divorce paper so that the CIC will not ask for the spouse medical

Thanks

Khebra

Thank you for the information Khebra. But my problem is, while Medical exam comes right during the progress of divorce, co-applicant certainly will not undergo ME, nor I can provide the divorce paper. Do you know any about handling this situation...

 

[Shankar6]

Hello DX79,

I would be interested to know how your situation finally turned out. I am probably in a similar situation. No divorce yet but medical may come in anytime and I have the points already without her.

Look forward to your reply.

 

[roland27]

Hello DX79,

I would be interested to know how your situation finally turned out. I am probably in a similar situation. No divorce yet but medical may come in anytime and I have the points already without her.

Look forward to your reply.

 

[scylla]

Hello DX79,

I would be interested to know how your situation finally turned out. I am probably in a similar situation. No divorce yet but medical may come in anytime and I have the points already without her.

Look forward to your reply.

Your spouse has to pass the medical in order for you to be approved. It doesn't matter if you already have enough points without her. The only way you can avoid having her do the medical is if you can prove that you are in the process of getting a divorce or have legally separated. Otherwise if she refuses to do the medical then it's an automatic refusal for you too.