Sponsoring Non-accompanying Dependent Child

[alexw]

Hi,

I am currently a Canadian citizen. When I immigrated to Canada about 10 yrs ago, my ex-wife refused to take my daughter for medical exams, therefore she was excluded from my application. I remember writing a letter explaining the situation to CIC and stated that I realized the consequences.

Now after 10 years, my ex-wife changed her mind and is allowing me to sponsor my daughter to come to Canada. I am aware of an immigration policy saying that if a dependent child does not take the medical exam, he/she can not be sponsored later on.

My question is:

1. Is there any way to sponsor my daughter to Canada? If my application gets refused, is there any chance to win an appeal?
2. What is the reason behind this policy? What difference does it make for my daughter to take the medical exam then vs. now?

Any input is truly appreciated!

Alex

[x5-452]

Maybe try getting a notorized letter from your ex-wife stating that she was responsible for not allowing you to let your daugther take the medicals and that she has changed her mind.  This could give you a chance with the powers that be to reconsider.  Give it a shot what can you lose..

[iarblue]

   Nope it states right on all pages concerning this in the website that any family member,spouse or dependant children not listed or were not able to be checked on your original app will never be able to be sponsored.So the only way your child can come is when she/he reaches 18 and can apply either by FSW or student.

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.

[PMM]

Hi

Hi,

I am currently a Canadian citizen. When I immigrated to Canada about 10 yrs ago, my ex-wife refused to take my daughter for medical exams, therefore she was excluded from my application. I remember writing a letter explaining the situation to CIC and stated that I realized the consequences.

Now after 10 years, my ex-wife changed her mind and is allowing me to sponsor my daughter to come to Canada. I am aware of an immigration policy saying that if a dependent child does not take the medical exam, he/she can not be sponsored later on.

My question is:

1. Is there any way to sponsor my daughter to Canada? If my application gets refused, is there any chance to win an appeal?
2. What is the reason behind this policy? What difference does it make for my daughter to take the medical exam then vs. now?

Any input is truly appreciated!

Alex

The only way is an Humanitarian and Compassionate application under Sec. 25.1 of the Act.  

[iarblue]

  Your right PMM but he will need court orders stating he is now given full custody of the child plus also needs form IMM5604 signed by his ex.Then apply under the rules in the act.It is a long process but it may work.

[alexw]

Thanks everyone for your quick responses! I will definitely give it a try based on Humanitarian and Compassionate ground.

If anyone out there who is in similar situation and succeeded in applying, please share your experience.

Thanks again!

Alex

[canadianwoman]

My question is:

1. Is there any way to sponsor my daughter to Canada? If my application gets refused, is there any chance to win an appeal?

You signed the document stating you understood that by not getting her medicals done, you would never be able to sponsor her. These cases do not win. Even on appeal they are virtually always denied.
H & C grounds; getting her in this way is possible, but not likely. If her mom had died and there were no other relatives to take care of her, maybe.

2. What is the reason behind this policy? What difference does it make for my daughter to take the medical exam then vs. now?

Potential immigrants don't have family members examined at the time of application because they think these other family members will hurt their chances of being accepted, for whatever reason. So immigrants get in who otherwise would have been refused. CIC wants to prevent that, so has this draconian policy.
The best way to get her in would be to have her come on a student visa or as a FSW. You can provide the education she would need to get the points necessary for immigrating on her own.

[alexw]

Thanks, the makes sense. I think I will try the H&C way first. If it fails, I will try student visa.

You signed the document stating you understood that by not getting her medicals done, you would never be able to sponsor her. These cases do not win. Even on appeal they are virtually always denied.
H & C grounds; getting her in this way is possible, but not likely. If her mom had died and there were no other relatives to take care of her, maybe.Potential immigrants don't have family members examined at the time of application because they think these other family members will hurt their chances of being accepted, for whatever reason. So immigrants get in who otherwise would have been refused. CIC wants to prevent that, so has this draconian policy.
The best way to get her in would be to have her come on a student visa or as a FSW. You can provide the education she would need to get the points necessary for immigrating on her own.

[JERIK]

HI Alex,

Any update from sponsoring your dependent? we are almost in similar situation. I am about to submit their papers but i remember the letter I had received from the CIC same as you and I found this forum. I just paid the fees 2nd week of January and the papers are ready to be sent. Well, I'll give it a try the fees are already paid anyway.

Thanks.
Jerik

[peachy]

Hello ..I hope you could help me with my concern re- sponsoring my non accompanying dependent children , both declared and examined..medical exam is still valid...(age 15 and 11) on how to go about with the application papers... .I just landed 2 wks ago and my husband is arriving this week. (we are both PR) Upon his arrival, I will be submitting our application to sponsor (IMM 1344) coz he will be a co-signer .

The last page are the signatures of the sponsor(me), the co-signer (my husband) , and the sponsored person(principal applicant)-my eldest son age 15 yrs old, and my 11 yr old son..
My first question is this.....Do they really have to sign the portion for the principal applicant , they are minors..??

My second question...re Documents checklistIMM..no. 27 stating that i should submit PROOF of medical examination for the sponsored person and each of his / her dependents (original copy 2 of IMM1017 signed by the examining doctor), as I have said , both of my dependents were declared and examined.. our medical exam results  were already forwarded to the CIC, that is why,me and my husband were approved and given our visas......do i still need to get a copy from the examining doctor? back home?

Third question is regarding- payments, do i have to pay double $75 for the sponsors?, coz my husband is a co-signer..Pls. help me..and lastly, for the option C print out(notice of assessment for taxation,we both just landed...I'm really worried... pls help.