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Author Topic: Sponsoring an annuled husband with dependent child..HELP!  (Read 916 times)
misis10
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« on: November 23, 2009, 02:11:17 am »

Hey everyone...

my husband's previous marriage is annulled and they have a 7 year old son. There's no custody battle..no plans to sponsor the child...we will declare the child..but we cannot provide passport and birth certificate. We are not going to include him in our application..and we do understand that my husband will not be able to ever ever sponsor him. Will this be a problem in our application? What kind of explanation should we provide in our application?

HELP!!! thanks.
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mitamata
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Category........: FAM
Visa Office......: Vienna
App. Filed.......: 16-02-2009
AOR Received.: 27-03-2009
Med's Done....: 03-12-2008
Passport Req..: 29-04-2009
VISA ISSUED...: 06-05-2009
LANDED..........: 27-07-2009

« Reply #1 on: November 23, 2009, 02:35:21 am »

They make a pretty big deal about this sort of thing. All children have to be medically examined whether they're being sponsored or not.

I understand not sponsoring him, but you should at least attempt to get the medical done for him. CIC will not be satisfied with "we have no plans to sponsor him", you will have to show that you simply can not get the medical and documents done. For example, if the mother of the child refuses it. In that case, it would be great if you could get a letter from her stating that. Or just explain you can't do it.

But, if you can, you really should. Because you never know how life will turn about. Maybe one day that child will want to come to Canada and his father could do him at least that favor.
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Leon
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« Reply #2 on: November 23, 2009, 04:55:56 am »

Your husbands child should be included on the application as a non-accompanying dependent.  Preferably he should have the medicals.  The only explanation CIC would accept for him not having the medicals is that the mother has full custody and refuses them.

Your husband should talk to the mother of the child and explain to her that the boy having the medicals will give him the opportunity to be sponsored for PR at a later time if he wants to (up until age 22 or even after that if he's a full time student).  Not to say he would ever want that but by refusing the medicals, she would be taking this opportunity away from him forever.  If she still refuses, you can tell CIC that, should be ok.
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FSW=federal skilled worker - QSW=Quebec skilled worker
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toby
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Category........: FAM
Visa Office......: Hong Kong
App. Filed.......: November 2009
Med's Done....: October 2009 and  15 April 2011
Interview........: 4 April 2011
Passport Req..: 4 April 2011
VISA ISSUED...: 7 July 2011
LANDED..........: 15 July 2011

« Reply #3 on: November 23, 2009, 05:22:23 am »

What is the reasoning behind barring a child for ever if he is not included in the parents' aplication?

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misis10
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« Reply #4 on: November 23, 2009, 03:40:09 pm »

basically there's no communication between him and the ex-wife. Honestly it's very difficulte to communictae with the ex-wife. she refuses any conversations. so anyway, since child is non accompanying him. we might be able to rpoduce the birth certificate but not the passport as he knows for sure that child wont have a passport.and it's kind of impossible to produce one knowing how the ex-wife is. of course we can try.absolutely but if we're not succesful what kind of explanation does CIC need?do we need a notarized explanation watsoever?thanks everyone. this is definitley a big help.
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misis10
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« Reply #5 on: November 23, 2009, 04:08:10 pm »

also one mor ething..with the medical?does it have to be completed before you send the application or will you wait until they give you a go ahead signal?i remembered before we migrated..we had to do medical after we submitted as we waited for Canada's response to our application.is it the same thing if you applied IN Canada?
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Leon
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« Reply #6 on: November 23, 2009, 06:13:24 pm »

What is the reasoning behind barring a child for ever if he is not included in the parents' aplication?

Misrepresentation.
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toby
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Posts: 1617
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Category........: FAM
Visa Office......: Hong Kong
App. Filed.......: November 2009
Med's Done....: October 2009 and  15 April 2011
Interview........: 4 April 2011
Passport Req..: 4 April 2011
VISA ISSUED...: 7 July 2011
LANDED..........: 15 July 2011

« Reply #7 on: November 23, 2009, 07:18:35 pm »

But wait, Leon. It's only "misrepresention" because Canada requires non-accompanying family members to be listed in the first place.  It is this very requirement that I am questioning.

If an applicant with a large immediate family is required to document every one, including the several who will not accompany him/her to Canada, that could be quite a burden. Why is this burden necesary in Canada's eyes?

What is wrong with allowing the applicant to list only accompanying family members in the initial application, and allow him or her to later change plans and apply to bring another (initially unlisted) family member to Canada? Would this not be more efficient for both sides?

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Nov 09 Application to Mississauga
Nov 09 Approved; sent to Hong Kong.
Interview April 4, 2011 (so slow!!). Passed.
15 April 2011 New medical done.
7 July 2011  COPR received.
15 July 2011 landed in Vancouver. At last.
PMM
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« Reply #8 on: November 23, 2009, 10:30:55 pm »

Hi

But wait, Leon. It's only "misrepresention" because Canada requires non-accompanying family members to be listed in the first place.  It is this very requirement that I am questioning.

If an applicant with a large immediate family is required to document every one, including the several who will not accompany him/her to Canada, that could be quite a burden. Why is this burden necesary in Canada's eyes?

What is wrong with allowing the applicant to list only accompanying family members in the initial application, and allow him or her to later change plans and apply to bring another (initially unlisted) family member to Canada? Would this not be more efficient for both sides?



Because previously people "forgot" to include medically, criminally inadmissible family members.

PMM
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PMM
misis10
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« Reply #9 on: November 24, 2009, 10:23:10 pm »

just want to clarify, for application purposes the Family member that the inland application form refers to
Spouse
Dependent Children
Spouse's dependent children and
dependent children of dependent children

If i understand, will this mean that we dont have to include my spouse's parents and brother? I believe there is a separate form for sponsoring a relative but since it's asking family memebr on the form just thouught i clarified it. Thanks!

Please correct me if im wrong
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Leon
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« Reply #10 on: November 25, 2009, 02:27:49 am »

You don't include the parents and brother on his application form but you do list them in "additional family information"
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
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