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lola2018

Member
Apr 10, 2018
16
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Hi All

new to this forum posting so please bear with me.
I like in UK with my daughter. My ex partner has moved to Canada - he is a resident now and he moved there in August 2017. He obtained the right to live there i think through the Federal Skilled Trades Programme. He is also very wealthy.

My daughter went to see him for a two week holiday. She has aspergers syndrome, is 21 and has only ever been to special schools/colleges. She has a history of self harm and has required mental health services in the UK. She also takes medication.
She has never been in paid employment due to her needing support and since leaving college last year has done supported voluntary work. She obtains the highest level of disability benefits.

She is telling me she isn't coming home. Her father has told her she can stay for a year as a visitor while he pursues a family sponsor visa for her to live there. I actually knew her intention was to try and move there one day but am rather taken aback by the way it is being done. As you can imagine i have some concerns.

I dont want her to think a visa is an automatic right as her dad lives in canada else she may well end up very hurt and disappointed.
I have done some research and it seems she needs a medical - is that right?
I know that people cannot tell me whether she will obtain a visa or not. My worry is that he will arrange for the medical to take place in canada while she is there as a visitor - the issue is the examining medic will not know of her issues. I feel it important if she goes she has access to a good level of mental health support.
I have raised this with him. He says she doesnt need it.

I have asked what she will do there. He says he will pay her an allowance and she can attend a college and eventually get work. She cannot do these things as a 'visitor' can she?

I also understand the family sponsor method takes some 10 months. My view is she should come home for that time until her visa is a dead cert, in the meantime she can go back for another holiday. I dont want her staying for a year as a visitor expecting that to be made permanent via the family sponsor scheme when - it may not be.

Any thoughts on this would be gratefully received. Thank you
 
I should also add that she turns 22 on 18th May so if the family sponsor application is not done before then I think this makes her class C dependent.
How will it affect matters if she is 21 or 22?
 
He can sponsor her until she turns 22. The application to sponsor her must be received by IRCC while she is still 21. Yes - she must take a medical. Her medical conditions won't impact sponsorship in any way (they are looking for communicable diseases like TB). The medical does not determine what level of mental health support she requires - it only determines if she will be allowed to immigrate to Canada.

Provided the application is submitted before she turns 22, she should get PR easily. He cannot sponsor her once she is 22.

My recommendation would be to have her father sponsor her now before she turns 22. This will give her the best / most options as she becomes an adult. Whether she remains in Canada or returns to the UK while sponsorship is in process is ultimately up to her as she is an adult.
 
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When he did his PR application, did she do a medical examination and background checks as his dependant?

You say "my daughter". What is his exact legal relationship to her? Biological/adopting father, or step-father?
 
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When he did his PR application, did she do a medical examination and background checks as his dependant?

You say "my daughter". What is his relationship to her?


Re your first question - the answer is no. She didn't undergo any checks then.
Re question 2 - he is her biological father. Sorry poor turn of phrase on my part. Trying to type faster than my brain has capability for!

My big concerns are;
1. she will not obtain the visa to stay and ends up coming back to the uk upset
2. That if she does get the visa to stay she will not have the right level of mental health support etc
3. Neither of them have really thought this through (more an issue I can answer i guess!). Made more sense to me to come home. Have dad sort the family sponsor visa while she is home, I can support at this end. That way if it all goes wrong she hasn't got too attached to the place!

x
 
Re your first question - the answer is no. She didn't undergo any checks then.
Re question 2 - he is her biological father. Sorry poor turn of phrase on my part. Trying to type faster than my brain has capability for!

My big concerns are;
1. she will not obtain the visa to stay and ends up coming back to the uk upset
2. That if she does get the visa to stay she will not have the right level of mental health support etc
3. Neither of them have really thought this through (more an issue I can answer i guess!). Made more sense to me to come home. Have dad sort the family sponsor visa while she is home, I can support at this end. That way if it all goes wrong she hasn't got too attached to the place!

x
Ok, if he applied for PR to Canada and was granted it without his biological daughter being examined, there are two issues.

1) he must have not declared her in his application, which is misrepresentation (serious in this case)
2) under IRPR 119(9)(d) he can never sponsor her as a member of the Family Class.
 
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Ok, if he applied for PR to Canada and was granted it without his biological daughter being examined, there are two issues.

1) he must have not declared her in his application, which is misrepresentation (serious in this case)
2) under IRPR 119(9)(d) he can never sponsor her as a member of the Family Class.

Thank you so much for your help so far.
At the time he applied, I am guessing he didn't think he needed to mention her as there was no intention for her to go then. Unless he did mention her and it was deemed not necessary to have her examined? He hasn't been financially responsible for her as she has benefits in her own name and i have provided additional support with money so he had no responsibilities that way. He has no other children (not that I know of!).

Why would you need to have an adult child examined if they have no intention to go to Canada with you?

Thanks for all the info so far - being prepared for any pitfalls will help me deal with my daughter and see if anything I can do to help x
 
Ok I now see what you mean. I have just looked at form IMM008 and it does ask for details of all dependent children whether they accompany you or not.

SO either a) he didn't include her as he didn't think she was classed as dependent or b) he did include her and she wasn't called for an exam.

I know she definitely hasn't had a medical exam.
 
Thank you so much for your help so far.
At the time he applied, I am guessing he didn't think he needed to mention her as there was no intention for her to go then. Unless he did mention her and it was deemed not necessary to have her examined? He hasn't been financially responsible for her as she has benefits in her own name and i have provided additional support with money so he had no responsibilities that way. He has no other children (not that I know of!).

Why would you need to have an adult child examined if they have no intention to go to Canada with you?

Thanks for all the info so far - being prepared for any pitfalls will help me deal with my daughter and see if anything I can do to help x
There was a period of time when the age of dependent children was reduced and, assuming that you were already apart at the same time, he would not have needed to include either of you in his application.

Can you please let us know exactly when he applied for and then landed as a PR?
 
There was a period of time when the age of dependent children was reduced and, assuming that you were already apart at the same time, he would not have needed to include either of you in his application.

Can you please let us know exactly when he applied for and then landed as a PR?

I do not know exactly when he applied. I can try to find out though.
He moved to Canada August last year so his application must have been before then. That is all the info I have right now. I will contact him and hopefully get and answer soon.
We have been apart for 16 years so I am guessing I won't have needed to be included at all.
Do you know when the time period was when he would not have needed to include our daughter in his application?
 
I do not know exactly when he applied. I can try to find out though.
He moved to Canada August last year so his application must have been before then. That is all the info I have right now. I will contact him and hopefully get and answer soon.
We have been apart for 16 years so I am guessing I won't have needed to be included at all.
Do you know when the time period was when he would not have needed to include our daughter in his application?
See these links.

https://www.canada.ca/en/immigratio...w_definition_ofageofdependantsnowinforce.html
https://www.canada.ca/en/immigratio...ge-limit-requirements-dependent-children.html
 
so if dad applied before May 3rd last year - there was no need for him to mention our daughter on the forms. I suspect this is likely to be the case. Hence why she hasn't had a medical.
Run the dates and ages through this link and see what it comes up with.

http://www.cic.gc.ca/english/immigrate/sponsor/aod-tool.asp

Hint: select the 3rd option in this list.

What are you applying for? (required)

Visitor visa, study permit or work permit
To work and live permanently in Canada
To be sponsored as a family member
To immigrate as a refugee or protected person
For humanitarian and compassionate considerations
 
Run the dates and ages through this link and see what it comes up with.

http://www.cic.gc.ca/english/immigrate/sponsor/aod-tool.asp

Hint: select the 3rd option in this list.

What are you applying for? (required)

Visitor visa, study permit or work permit
To work and live permanently in Canada
To be sponsored as a family member
To immigrate as a refugee or protected person
For humanitarian and compassionate considerations

You must be reading my mind! I just did that a moment ago.
It all depends upon when the application goes in. If he gets it in pretty quickly then she will be still 21 and type A.
However, if he has any delay and the application goes in when she has turned 22 - there may be a problem. The last question then asks "has your child been financially dependent on you continuously since before age 22". Well taking this as it is HIM filling in the form the answer to that is no - he paid maintenance until she was 18 only. the tool then shows our daughter does not qualify as a dependent.

He could fib about this though - he could just say she has been financially dependent on him. How can they even check that? I am prepared to support this but i am not lying to immigration officials if i am asked.
I just want this to be done properly and honestly. He will do anything to help her but of course if any dishonesty is found out - then it is all over!
 
You must be reading my mind! I just did that a moment ago.
It all depends upon when the application goes in. If he gets it in pretty quickly then she will be still 21 and type A.
However, if he has any delay and the application goes in when she has turned 22 - there may be a problem. The last question then asks "has your child been financially dependent on you continuously since before age 22". Well taking this as it is HIM filling in the form the answer to that is no - he paid maintenance until she was 18 only. the tool then shows our daughter does not qualify as a dependent.

He could fib about this though - he could just say she has been financially dependent on him. How can they even check that? I am prepared to support this but i am not lying to immigration officials if i am asked.
I just want this to be done properly and honestly. He will do anything to help her but of course if any dishonesty is found out - then it is all over!
Misrepresentation is treated extremely seriously by IRCC and we are constantly surprised at what they manage to discover about applicants through their own resources. As the Primary Applicant, your daughter would be caught in the crossfire, even if she knew nothing about it.

This is a complex case and really needs professional advice. As he is "wealthy" he would be advised to consult with a Canadian immigration lawyer for input.
 
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