can i exclude my wife from fsw application after recieving PER..urgent help pls

[aman3159]

hi ,
I have applied for FSW 2014 under noc 2174 along with me spouse and Children.
I am the Priniciple ASpplicant and Ihave recieved PER and medical request from CHC New Delhi.

MY Spouse is now not interested in going to canada .. she is also not ready for medical examination for herself and kids.

We are living separate now.
NO plan for Divorce as of now.
Pls help me can i exclude her from my application . She is ready for future non sponsorship .

Please help... urgent

 

[RomanSPb]

hi ,
I have applied for FSW 2014 under noc 2174 along with me spouse and Children.
I am the Priniciple ASpplicant and Ihave recieved PER and medical request from CHC New Delhi.

MY Spouse is now not interested in going to canada .. she is also not ready for medical examination for herself and kids.

We are living separate now.
NO plan for Divorce as of now.
Pls help me can i exclude her from my application . She is ready for future non sponsorship .

Please help... urgent

Hello,

If you already have your med forms on hands, I bet they cover your entire family. The easiest way in terms of the process is to convince her to pass the medical examinations with your children and yourself as a family. Tell her you never know what happens in 10-15 years and this simple step would give your children more opportunities in the future and they would probably thank her for this decision. Tell her you will cover all the expenses either. You will be able then to enter Canada without your dependents and inform the authorities they changed up their minds afterwards.

If case she resists, the only option you have is to contact CIC (LVO in New Delhy) immediately, tell them the whole story and ask for further instructions. At least they will ask for updated forms with your dependents indicated as non-accompanying dependents. I think CIC will provide more details and options on what you should do and how.

Good luck!

 

[Maverick.Canajun]

hi ,
I have applied for FSW 2014 under noc 2174 along with me spouse and Children.
I am the Priniciple ASpplicant and Ihave recieved PER and medical request from CHC New Delhi.

MY Spouse is now not interested in going to canada .. she is also not ready for medical examination for herself and kids.

We are living separate now.
NO plan for Divorce as of now.
Pls help me can i exclude her from my application . She is ready for future non sponsorship .

Please help... urgent

My opinion / 2 cents:

I will only address the legal aspect here in regards to you and CIC AND/OR VO. I am sure there are extraordinary circumstances at play here that is not worth discussing on this forum. I believe you can resolve your family matters, yourself. :-[

As stated on the CIC website(http://www.cic.gc.ca/english/information/medical/medexams-perm.asp) accompanying and non-accompanying dependents are required to undergo medical examinations. In limited circumstances, if a non-accompanying dependent is unwilling or unable to undergo a medical examination, it may be possible to have the individual exempted. However, such non-accompanying dependents will not be eligible for subsequent sponsorship as members of the Family Sponsorship category.

As you read the above you will note that it is possible for you to exclude your non-accompanying dependents. However, it is the prerogative / decision of the VO that is handling your case. I would advise that you inform the VO at the earliest about your current situation and request that VO exempt your dependents from medical (automatically debarring them from Family Sponsorship in future).

 

[aman3159]

I Have not availed any points from my spouse profile
No IELTS , NO WES..
I am the Principle Applicant.

 

[scylla]

I can be quite difficult to exclude a spouse if you are not divorced (or in the processed of getting divorced) and have not legally separated.

Does your wife have sole legal custody of your children? If not, then CIC will still expect your children to go through the medical. It may be quite difficult to convince CIC to proceed with your application without providing medicals for your children.

Is there any legal paperwork you can provide to show that you and your spouse have legally separated and/or that she has full custody of your children?

 

[aman3159]

Children are with my wife at her parental Home...I am left with no choice but to exclude everyone else from my application

I want to know the method which allows me to do so.
I am not looking for divorce .

For completion of applications of non accompanying without medicals , divorce should not be the only reason.
AS we all are humans and face tough times in our relationships .

I hope canadian high commission will respect my wife's decision for not going through medicals if she doesnt wan accompany me to canada. Without affecting my processiong for visa.

 

[RomanSPb]

Children are with my wife at her parental Home...I am left with no choice but to exclude everyone else from my application

I want to know the method which allows me to do so.
I am not looking for divorce .

For completion of applications of non accompanying without medicals , divorce should not be the only reason.
AS we all are humans and face tough times in our relationships .

I hope canadian high commission will respect my wife's decision for not going through medicals if she doesnt wan accompany me to canada. Without affecting my processiong for visa.

I have already told you the following:

"If case she resists, the only option you have is to contact CIC (LVO in New Delhi) immediately, tell them the whole story and ask for further instructions. At least they will ask for updated forms with your dependents indicated as non-accompanying dependents. I think CIC will provide more details and options on what you should do and how."

The sooner you contact them, the faster you get their feedback and proceed further with your application. Sad to say that but this issue might really become pain in the ass.

Look what I've found on the Internet:
"I called CIC and asked what the options were and they said well the tests must be done to prevent diseases coming into the country
OR
the parent in the immigrating process has to write a letter stating that they are willing to relinquish any paternal ties to the child. Now i am sure this is not what your partner wants to do but these were the two options i was given over the phone." - it's all about kids but you will probably have to write some kind of declaration too.

 

[canuck_in_uk]

For completion of applications of non accompanying without medicals , divorce should not be the only reason.
AS we all are humans and face tough times in our relationships .

I hope canadian high commission will respect my wife's decision for not going through medicals if she doesnt wan accompany me to canada. Without affecting my processiong for visa.

The issue is that if the non-accompanying family members don't have medicals, they are EXCLUDED from the Family Class forever. This means that if you go through with your app and your family doesn't have medicals done, you will NEVER be able to sponsor them in future.

You will be required to submit a notarized declaration confirming that you are aware you will never be able to sponsor your family to Canada, as well as documentation from your spouse that she is refusing to have the medical done and refusing to allow your children to have the medical done. You can expect that this will delay your application, possibly by several months, as CIC is very reluctant to exclude family members, especially children.

 

[susana]

A friend of mine got refused for "non compliance" because his non-accompanying daughter refused to take the medicals. She sent an affidavit stating she did not want to come to Canada, the father wrote several letters to CIC and finally got refused.
You are still married to her, your kids are your dependants and even though you live apart, you share their custody. It is not your choice to exclude them from your application. You need to prove you are legally separated to her, but as long as you are married, medicals are a must as there is always chance of reconciliation.

Good luck witn your plans,