Definition of Dependant Children --- Spousal Application

[gentar]

Hi I am making a spousal visa application to Canada.   However I have two children who don't live with me and are in full-time custody with their mothers.

I understand that I can waive the right for them to come with me if I state it on the application form.


However, in the future if I gain Canadian Citizenship will that overide the residency application and allow me to sponsor my children later on?


Many thanks

[Kedeisha]

you cannot waive the rights if your kids are not medically examined they cannot be sponsored at a later time so its best to get them medically examined now so you retain that right and just put them as non accompanying on the forms

[awor]

Please do whatever you can get to get their medical exam. If their mother dies or something changes and you have to take custody of your kids, you're screwed - there will be no way to get PR for them.

[gentar]

okay, so if the mother dies (god forbid!) then does immigration stick to the rules very tightly, regarding sponsorship of the children?  Also in relation to the question, if I waive the right to sponseor them as children can i sponsor them as adults when they reach that age?

[Kedeisha]

once they are not medically examined they are inadmissible to canada under parental sponsorship, they won't be consider a member of the family as all dependent family members should be examined wheter accompanying or not

[awor]

okay, so if the mother dies (god forbid!) then does immigration stick to the rules very tightly, regarding sponsorship of the children?  Also in relation to the question, if I waive the right to sponseor them as children can i sponsor them as adults when they reach that age?

Unless they would allow it on H&C grounds (which I would NOT count on), there would be no way to ever sponsor them. Until they are 22, they can be sponsored by you, after that, they'd have to get in on their own merits. The medical is really, really important.

[dakonej]

My understanding based on Operation Manual (OP 2), 5.11, is that unless you provide sufficient evidence that you are legally separated from your previous spouse and documents (court order, mutual written agreement, etc.) showing she retained the children's custody, the obligation is on you to have the children undergo the medical examination. If your previous spouse refuses to let them do the medicals, you need to provide proof that at a minimum you tried. If that's the case, you would list the children as Non-accompanying dependents, meaning they will not be covered by your current PR application, and neither will you be able to sponsor them at all in the future.

[canadianwoman]

okay, so if the mother dies (god forbid!) then does immigration stick to the rules very tightly, regarding sponsorship of the children? 

Yes, they are very strict. If they weren't medically examined, just assume you won't be able to sponsor them later. (Occasionally people win on appeal on humanitarian and compassionate grounds, but very rarely, and it takes a lot of time and money.)
In any case, there is no reason to not get the medicals (unless the custodial parent refuses). Get the medicals done, list the kids as non-accompanying, then if something bad happens or they want to come when they are older, there will be no problem.

Also in relation to the question, if I waive the right to sponseor them as children can i sponsor them as adults when they reach that age?

If you do not get the medicals now, you won't ever be able to sponsor them. If you get the medicals, but declare them as non-accompanying now, then yes, you could sponsor them up till the age of 22.

[gentar]

Thanks for the reply, just to clarify... even if I DO get the medicals done and I am approved, when they reach 22+ they will still have to get into Canada on their own merits?

[scylla]

Thanks for the reply, just to clarify... even if I DO get the medicals done and I am approved, when they reach 22+ they will still have to get into Canada on their own merits?

Yes - once they are 22+, they would have to get to Canada on their own merits (regardless of whether you get the medicals done or not).