Experiences with NON-accompanying dependents - Ex refuses medical exams

[caro]

Wow, Cindy1, your experience sounds horrible. It's so hard to get proof of refusal by an ex, I hope that what you're doing is enough for your husband to get accepted. Please let us know what the outcome is as I'm in a similar situation. It's so frustrating when you feel like your future and your life are being controlled by an uncooperative ex, not fair!

[Cindy1]

Yes it is.

My husband is very frustrated, and well...depressed.

He was so close to his son, only meters yet couldn't even see him

Hopefully through the courts, we will establish visitation and form a relationship where he can come visit us and vise versa.

It feels like our lives, our future, our dreams are all in the hands of an Immigration Officer.   It's a scary thought to think "what if...." but we got to have faith.

[Kedeisha]

Cindy1 sorry to hear u r going thru that wouldnt wish that on any1 lets kope Buffalo sees that u guys did ur best wishing u the best

[Cindy1]

We just got this email, after we have sent them sworn affidavits of what we have gone through to try and get the medical along with the court documents that we filled stating that the mother is refusing access.  We are lost at what we can do now 



>
> A REMINDER
>
> You were previously asked to submit the results of your medical examination to complete your application for permanent residence in Canada.
>
> Your application is still under active consideration. However, before we can conclude your case, we require the complete results of your medical examination(s) for XXXXXX., instructions for which were sent to you some time ago. If you have not yet undergone the examination or any additional tests that may have been requested, please arrange to do so as soon as possible in accordance with our previous instructions.
>
> We are unable to continue the processing of your application without the medical results. Please submit them within 60 days.
>
> If you have already undergone the examination, please respond to this email with the date, and the name of the designated medical practioner where you had your medical examination completed.
> Immigration Section
> Canadian Consulate General
> buffalo-im-enquiry @ international.gc.ca

[caro]

Cindy1, sorry to hear about this. Question: Does the mother of the child have full custody? If she does and you can give immigration a letter from the courts stating that she has fully custody, I would think this would help. In the "Guide to Immigrating" in the FAQ section it states this:

"My child is in the sole custody of my former spouse. Do I need to include this child in my application?
You must list this child on your application for permanent residence, but the child does not need to be examined if you do not have custody or responsibility for the child through either a written agreement or a court order. However, if the child is not examined, you cannot sponsor him or her as a member of the family class in the future, regardless of changes to custody or living circumstances. If you want to preserve your right to sponsor this child in the future, you may wish to have him or her examined as part of your application."

Sounds like with a written agreement or court order of who has responsibility, the child doesn't need to be examined. Also, are you using a lawyer or doing the process on your own? I hope you guys can get everything figured out with a good result. It's so tough to deal with a situation like this. I'm not as far along as you but it's important to know what we could be faced with. I imagine if they accept one personal in the same situation it would only be fair to accept all. Good luck.

[Cindy1]

In the original divorce order with my husband and his ex-wife (the mother of his son), it states that they have joint custody.  They were divorced 13 years ago.  For years, my husband didn't even know where the mother lived, he was in the US Army serving overseas.  

So technically he still has joint custody, but even now that he has been able to find where the son and mother live, she is refusing to allow him to see his son.  He has showed up at their home and she yelled and screamed, not even opened the door so their eyes could meet.  He recently filed a petition at the court, stating that she is denying him access to his son.   He has obtained her cell phone number, and when he calls just trying to speak to his son, she hangs up the phone.  

We are pleading with Immigration, trying to show our mulitple attempts of our efforts, but it seems from the email above that they are holding firm stating that the medical is required.


In my husband's notarized letter he quotes this section from the OP2 - Processing of Family Class


"5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former
OM OP 03-19)
Under both the previous legislation and under IRPA, both the applicant and the applicant's family
members, whether accompanying or not, must meet the requirements of the legislation. There are
no exceptions to the requirement that all family members must be declared. With few exceptions,
this also means that all family members must be examined as part of the process for achieving
permanent residence.
Officers should be open to the possibility that a client may not be able to make a family member
available for examination. If an applicant has done everything in their power to have their family
member examined but has failed to do so, and the officer is satisfied that they are aware of the
consequences of this (i.e., no future sponsorship possible), then a refusal of their application for
non-compliance would not be appropriate."

Although the fact that he legallly has joint custody, even though he has been unable to see his son, is an issue.  


We are so frustrated, and doing this all on our own.

[Kedeisha]

holy lets hope all that u have been doing works out

[canadianwoman]

How long does it take to get a court date there? The judge will most likely rule that he should have visitation with his son, in which case he can be taken to get the medical.

[malirca]

My partner has 3 children, two of them older 19, 16, but he seperated from the mother when the kids were 7.
Then youngest is 9. He does not have a court order or anything saying that he does not have custody of any of the children.

After speaking with cic several times, due to problems that the older kids didnt want the medical and the younger one the mother didnt want to cooperate.

They put it this way....
If you do not complete everything to what it is asked, your application will most likely be denied.
You have to provide proof that you did everything in your power to get the children examined.

So after begging and begging it was done.

Keep in mind, NONE of them are coming to Canada with us!!!

So.... Three exams and 8 pictures per person later, a total of around $1500 because the older children had to travel for their exams and we had to pay for it all or else they wouldnt cooperate.

We sent our application complete with everyone inlcuded!!!!

So....  beasically sneak the kid away and get everthing done that must get done, or run the risk of being refused.

[Kedeisha]

they are crazy dont they know that some exes are harsh omg

[caro]

Cindy1 I'm just curious if you have an update on your situation? Hope you get the results you're looking for.