Greetings, just wondering if anyone is facing or has faced similar situation. We rec'd AIP letter and in it it states that until my spouse's daughter undergoes medical examination (my note for info: she is in custody of ex and is not being sponsored by us), that this may prevent him from receiving PR.
His daughter is in Europe, his ex will not allow her to be examined for fear that we are trying to take her away, and my spouse cannot go there, since we are in the middle of app'n for PR.
I've read the Operator Guides, and there is an exception under R23, R70(1)(e) that refers to dependents in custody of an ex ... something to the effect that they could be exempted (if decided by IO).
However, then there are other statements that seem to contradict this.
I was thinking to submit a signed statutory declaration saying we tried to have the daughter examined, however the ex is not cooperating, and in view that my spouse cannot leave this country so that he could physically accompany daughter to examination, that we seek to have her exempted with full understanding that this will affect any future sponsorship ability, or something like that.
We are so close to everything being finalized, and now there's yet another hurdle to face.
Anyone have any advice?
You could, of course, sign the statutory declaration you mentioned. And then your husband's daughter would never be able to immigrate to Canada.
But if I were you, I'd consider the possible benefit of having your husband leave to try to have the daughter examined. Yes, it's true he wouldn't be able to return to Canada until the application process was complete. But I wonder if it isn't a valid tradeoff for being able to sponsor his daughter sometime in the future. You never know what the future will hold. Perhaps the relationship with the ex-wife will improve.
Good luck.
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