Married LIC husband not accompanying on PR application

[mylady833]

Does anyone here knows what will happen on the permanent residence application if the non accompanying dependent (spouse) is not cooperating to do the required medical? I was told that non accompanying dependents still need to undergo medical and i am worried that my estranged husband will not cooperate ( should i am able to get hold of him as i no longer have any means of communication). I am in process on divorcing him though. Any experience? Idea? Can someone help me on this?

 

[scylla]

All non-accompanying family members must still pass the medical in order for your application to be approved and for you to receive the PR visa. In your case, you should ask CIC to remove your ex-husband from your application completely. You will need to show proof (e.g. legal paperwork) that you have officially filed for divorce.

 

[mylady833]

Thank you Scylla for the reply. Yes i will inform CIC as soon as i file my divorce petition.

 

[zardoz]

Thank you Scylla for the reply. Yes i will inform CIC as soon as i file my divorce petition.

It's possible that just filing for divorce will not be enough. They may insist on either a formal separation agreement or the final divorce papers. The problem is that a filing for divorce can be withdrawn up to the very last minute. it is not legally binding.

 

[2012isdyear]

Thank you Scylla for the reply. Yes i will inform CIC as soon as i file my divorce petition.

Since you are covered under the Philippine law, you need to file for an annulment. You need not wait for the final decision just providing CIC with the Court File number is sufficient for them and of course what municipality is covering your case. Then I had provided CIC with a notarized statement that I am separated from my spouse and will not be accompanying you here in Canada and that if he wishes to come here he has to apply separately.

Processing of your application maybe longer than the normal, however it is better not to depend on your estranged spouse's willingness to cooperate. Plus you don't want him to enjoy a free ride on your new life here in Canada.

 

[PMM]

Hi

Since you are covered under the Philippine law, you need to file for an annulment. You need not wait for the final decision just providing CIC with the Court File number is sufficient for them and of course what municipality is covering your case. Then I had provided CIC with a notarized statement that I am separated from my spouse and will not be accompanying you here in Canada and that if he wishes to come here he has to apply separately.

Processing of your application maybe longer than the normal, however it is better not to depend on your estranged spouse's willingness to cooperate. Plus you don't want him to enjoy a free ride on your new life here in Canada.

1. No, the OP is in Canada, if she has be in Canada for 1 year or more, she can apply for a divorce in Canada, she doesn't have to apply for an annulment in the Philippines. The Philippines won't recognize the divorce, but as long she doesn't intend to re-marry in the Philippines it doesn't matter.

 

[mylady833]

Hi


1. No, the OP is in Canada, if she has be in Canada for 1 year or more, she can apply for a divorce in Canada, she doesn't have to apply for an annulment in the Philippines. The Philippines won't recognize the divorce, but as long she doesn't intend to re-marry in the Philippines it doesn't matter.

Thank you PMM for the reply. And yes you are right on this, i have already seek a legal advice and was told the same thing. I know that my PR will not be released not until i submitted a copy of my divorce certificate.

 

[lyvly]

Hi PPM,
So what if the ex wont cooperate with the medical exam of the children?
Whats gonna happen? I have known some ppl, their children in phils with
Their exs had to go under medical

 

[mylady833]

Hi PPM,
So what if the ex wont cooperate with the medical exam of the children?
Whats gonna happen? I have known some ppl, their children in phils with
Their exs had to go under medical

I know a case like this, ex wont cooperate even the kids, application was returned by CIC.

 

[mylady833]

Just to let you know guys that i received my AIP today! Because i have stated that my husband is non-accompanying and i have requested that he be not included on the processing of my PR i was required to submit for now a proof that the divorce proceeding is on the way and a statutory declaration outlining the details of the breakdown of marriage which must be notarized. I will post any information regarding my case as someone might have the same case as me.

 

[lyvly]

Just to let you know guys that i received my AIP today! Because i have stated that my husband is non-accompanying and i have requested that he be not included on the processing of my PR i was required to submit for now a proof that the divorce proceeding is on the way and a statutory declaration outlining the details of the breakdown of marriage which must be notarized. I will post any information regarding my case as someone might have the same case as me.

did they ask u to submit divorce certificate before pr?what if the divorce case is still going?

 

[mylady833]

did they ask u to submit divorce certificate before pr?what if the divorce case is still going?

Just received a letter from CIC that they have completed processing my PR application. I will now wait for my landing interview. To answer your question, they did state on my AIP that they will not finalize my application until i submitted the divorce certificate. They did asked me for a statutory declaration of breakdown of marriage and a copy of the divorce petition. I guess they are satisfied about the declaration and the divorce petition. I will post an update how things go on my interview.

 

[lyvly]

Hi. again.. so the kids really need to have medical even if non-accompanying?? I thought I had heard some got approved as long as you can prove you did your best to show how willing you are to have them medically examined.

So your friend got the application returned? or refused?.. In my opinion, they only return applications which will be subject to processing and ReFused if the application is in process already.. If returned you can get a refund but refused, no refund. And if refused, did they apply for PR again thru H&C?
Do you think you can ask your friend to make this clear for us readers if it doesnt bother you?

I know a case like this, ex wont cooperate even the kids, application was returned by CIC.

 

[lyvly]

Hi so they just required you proof of proceeding and d notarized doc of marriage breakdown? Does that mean that you will be getting your PR soon without your divorce certificate yet?

Just to let you know guys that i received my AIP today! Because i have stated that my husband is non-accompanying and i have requested that he be not included on the processing of my PR i was required to submit for now a proof that the divorce proceeding is on the way and a statutory declaration outlining the details of the breakdown of marriage which must be notarized. I will post any information regarding my case as someone might have the same case as me.

 

[mylady833]

Hi. again.. so the kids really need to have medical even if non-accompanying?? I thought I had heard some got approved as long as you can prove you did your best to show how willing you are to have them medically examined.

So your friend got the application returned? or refused?.. In my opinion, they only return applications which will be subject to processing and ReFused if the application is in process already.. If returned you can get a refund but refused, no refund. And if refused, did they apply for PR again thru H&C?
Do you think you can ask your friend to make this clear for us readers if it doesnt bother you?

Ok i will asked her about this case and post update here.

All non accompanying dependents will have to undergo medical and background check. In case they fail to cooperate you need to provide proof that you have done all your best to have them comply the medical exam. I read from federal decision that usually if chances that you will get refused they will advice you to apply under H&C.