Declaration Forfeiting Sponsorship of children - permanent residence (spousal)

[Beaup]

Background: I am sponsoring my husband for PR - he is a German Citizen who has been living in South Africa - he arrived her in December 2010 and we were married in January 2011.  He has two children in SA (one 16 and one adult) and his ex-wife has sole custody.  He will continue to pay maintenance for them but they will never move to Canada - there is no chance.   I called the help line for citizenship and immigration and was advised that my husband's two children (one 16 and one adult) do NOT have to get medicals if you sign a DECLARATION FORFEITING SPONSORSHIP.  We are entirely fine with this given the situation. 

This declaration is as follows;

“I declare and acknowledge that I am forfeiting my rights to sponsor my children (list here) by not submitting the medical examinations for them.”  In addition to this statement which must be signed and dated, we must include a copy of the divorce documentation that declares you do not have sole or shared custody.  This needs to be the official documentation that demonstrates that sole custody is with your ex.

Question: I cannot find anything in writing anywhere but have called the help line twice - one individual checked with his supervisor and confirmed the above.  Are you aware/can confirm the above guidance we received?  I am a Canadian citizen and we are applying from within Canada as don't want to spend time apart - there is no risk to application being turned down (I am stable and full time employed, all documents complete, medical and criminal checks done etc.) - so want to ensure everything is "perfect".  Any help is greatly appreciated - with many thanks!

[Leon]

Hi Beaup

There was a case on here recently where an inland husband after having been given AIP was refused PR because he did not provide medicals for a 14 yo. son.  In that case, he had joint custody but had no contact with his ex wife or son and did not even know where they lived.  Apparently that was not enough although immigration had asked him a couple of times to provide documents and he kept saying there was no contact so I guess he was warned.

If your husband does not have shared custody and you can document that, it may be enough but I am sure they would also like to see a refusal from the ex wife and the older child.  However, you can leave it for now and try to get that only if you are asked.  If the older child is married or over 22 and not a student, he or she is no longer a member of the family class and would not need medicals so then it is just about the 16 yo.

[Beaup]

I want to thank you sincerely for your time and guidance.  The individuals who answer the 1-800 number have been incredibly helpful but one must 'know what to ask' whereas you are able to share tips to those of us trying to do the right thing .... I did not even know there was such a thing as A 'refusal letter' and am glad to know that it exists - fortunately we can get one if asked - although our case is very straightforward.

I hope that your response helps many on this board and again - thank you!