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Cannot find Ex- Spouse and Children- not able to submit visa medicals

dsc_13

Newbie
Mar 17, 2017
6
1
Hi

I have a divorce order,
I have no custody arrangements of my children
I do not know where their father and they reside.
I have them as unaccompanying on my PR-CEC class application.

I have sent all domestic violence orders, child custody- sole with father order and divorce order to CEC,
yet they have asked me to complete their visa medicals regardless.

Please advice me if this requirement can be waived.

this is the letter I received from CIC:

This is in reference to your application for permanent residence to Canada. We are still missing the
following information in order to finalize your application:

This is in reference to your 3 children:

And your separated spouse:

All family members, whether accompanying or not, and regardless of child custody arrangements or
spousal separation, are required to be examined to ensure they are not inadmissible, pursuant to
R70(1)(e).
Subsection 16(2)(b) of the Immigration and Refugee Protection Act (“the Act”) states that:
In the case of a foreign national, subject to the regulations, the foreign national must submit to a
medical examination.
Your non-accompanying dependent does not qualify for an exemption to this requirement pursuant to
paragraph 30 of the Immigration and Refugee Protection Regulations. Therefore you have 30 days from
the date of this letter to submit a medical examination for your family member(s)

This is a final reminder for you to comply with our request. If you are unable to have all of your family
members examined within the prescribed deadline, an officer will review your case and make a decision
based on the information available. As a result, your application may be refused.

The only relief that is available for not meeting this requirement of the Act is based on humanitarian and
compassionate circumstances. If you feel your situation warrants this relief, you must submit
documentation to support your request. The onus is on you to substantiate your request for relief on
humanitarian and compassionate grounds.

Humanitarian and compassionate relief is reserved for exceptional cases. If your request for humanitarian
and compassionate relief is approved, be aware that you will not be able to sponsor your non-examined
dependent(s) at later date as a member of the family class pursuant to section 117(9)(d) of the
Immigration and Refugee Protection Regulations which states:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of
their relationship to a sponsor if subject to subsection (10), the sponsor previously made an
application for permanent residence and became a permanent resident and, at the time of that
application, the foreign national was a non-accompanying family member of the sponsor and was
not examined.
Please sign the attached declaration acknowledging that you will not be able to sponsor him/her as a
member of the family class in the future.
****SIGNING THIS FORM DOES NOT ABSOLVE YOU FROM THE REQUIREMENT OF
EXAMINATION NOR DOES IT MEAN THAT YOUR APPLICATION WILL BE
APPROVED****
Please sign and return.
I have read and understood the contents of this letter and by signing and returning this declaration I am
confirming that:
I have made every attempt to have my non-accompanying dependant ___________________________
examined for immigration purposes, without success. I acknowledge that, since the above dependant is
not being examined, I will not be able to sponsor him/her in future under the family class, in accordance
with R117(9)(d) of the Immigration and Refugee Protection Regulations.
___________________________________ ___________________
Signature of Principal Applicant Date
______________________________
Name and Signature of Notary Public Date
Please upload this document to your MyCIC account.
Please note
 

canuck_in_uk

VIP Member
May 4, 2012
29,707
6,560
Visa Office......
London
App. Filed.......
06/12
Hi

I have a divorce order,
I have no custody arrangements of my children
I do not know where their father and they reside.
I have them as unaccompanying on my PR-CEC class application.

I have sent all domestic violence orders, child custody- sole with father order and divorce order to CEC,
yet they have asked me to complete their visa medicals regardless.

Please advice me if this requirement can be waived.

this is the letter I received from CIC:

This is in reference to your application for permanent residence to Canada. We are still missing the
following information in order to finalize your application:

This is in reference to your 3 children:

And your separated spouse:

All family members, whether accompanying or not, and regardless of child custody arrangements or
spousal separation, are required to be examined to ensure they are not inadmissible, pursuant to
R70(1)(e).
Subsection 16(2)(b) of the Immigration and Refugee Protection Act (“the Act”) states that:
In the case of a foreign national, subject to the regulations, the foreign national must submit to a
medical examination.
Your non-accompanying dependent does not qualify for an exemption to this requirement pursuant to
paragraph 30 of the Immigration and Refugee Protection Regulations. Therefore you have 30 days from
the date of this letter to submit a medical examination for your family member(s)

This is a final reminder for you to comply with our request. If you are unable to have all of your family
members examined within the prescribed deadline, an officer will review your case and make a decision
based on the information available. As a result, your application may be refused.

The only relief that is available for not meeting this requirement of the Act is based on humanitarian and
compassionate circumstances. If you feel your situation warrants this relief, you must submit
documentation to support your request. The onus is on you to substantiate your request for relief on
humanitarian and compassionate grounds.

Humanitarian and compassionate relief is reserved for exceptional cases. If your request for humanitarian
and compassionate relief is approved, be aware that you will not be able to sponsor your non-examined
dependent(s) at later date as a member of the family class pursuant to section 117(9)(d) of the
Immigration and Refugee Protection Regulations which states:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of
their relationship to a sponsor if subject to subsection (10), the sponsor previously made an
application for permanent residence and became a permanent resident and, at the time of that
application, the foreign national was a non-accompanying family member of the sponsor and was
not examined.
Please sign the attached declaration acknowledging that you will not be able to sponsor him/her as a
member of the family class in the future.
****SIGNING THIS FORM DOES NOT ABSOLVE YOU FROM THE REQUIREMENT OF
EXAMINATION NOR DOES IT MEAN THAT YOUR APPLICATION WILL BE
APPROVED****
Please sign and return.
I have read and understood the contents of this letter and by signing and returning this declaration I am
confirming that:
I have made every attempt to have my non-accompanying dependant ___________________________
examined for immigration purposes, without success. I acknowledge that, since the above dependant is
not being examined, I will not be able to sponsor him/her in future under the family class, in accordance
with R117(9)(d) of the Immigration and Refugee Protection Regulations.
___________________________________ ___________________
Signature of Principal Applicant Date
______________________________
Name and Signature of Notary Public Date
Please upload this document to your MyCIC account.
Please note

Hi

IRCC doesn't like excluding dependent children, so they often push for you to keep trying. Complete the notarized declaration and send it with all of the custody/divorce court papers and a letter of explanation.
 
  • Like
Reactions: jes_ON

dsc_13

Newbie
Mar 17, 2017
6
1
I had sent a letter of explanation divorce and custody orders just that this letter wasnt notarized but I have still been asked to do their medicals. I do not know their whereabouts.
 

jes_ON

VIP Member
Jun 22, 2009
11,963
1,277
Category........
Visa Office......
New York
Job Offer........
Pre-Assessed..
App. Filed.......
06-May-2010
AOR Received.
13-Aug-2010
File Transfer...
01-Mar-2011
Passport Req..
30-Jun-2011
VISA ISSUED...
12-Jul-2011 (received 25-Jul-2011)
LANDED..........
03-Sep-2011
I had sent a letter of explanation divorce and custody orders just that this letter wasnt notarized but I have still been asked to do their medicals. I do not know their whereabouts.
The VO told you your only chance is to make a request for "humanitarian and compassionate relief."
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/inadmissibility-family-members-a42.html

Simply saying "I don't know where the are" is not sufficient to convince the VO that you have made any effort to find them and comply with this requirement. You have to prove that you have done everything possible to find them etc.

I suggest that you consider hiring a lawyer at this point -
 

canuck_in_uk

VIP Member
May 4, 2012
29,707
6,560
Visa Office......
London
App. Filed.......
06/12
I had sent a letter of explanation divorce and custody orders just that this letter wasnt notarized but I have still been asked to do their medicals. I do not know their whereabouts.
Again:

IRCC doesn't like excluding dependent children, so they often push for you to keep trying. Complete the notarized declaration and send it with all of the custody/divorce court papers and a letter of explanation.
 

dsc_13

Newbie
Mar 17, 2017
6
1
The VO told you your only chance is to make a request for "humanitarian and compassionate relief."
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/processing/dealing-with-inadmissibility/inadmissibility-family-members-a42.html

Simply saying "I don't know where the are" is not sufficient to convince the VO that you have made any effort to find them and comply with this requirement. You have to prove that you have done everything possible to find them etc.

I suggest that you consider hiring a lawyer at this point -
Thank you
 

dsc_13

Newbie
Mar 17, 2017
6
1
Again:

IRCC doesn't like excluding dependent children, so they often push for you to keep trying. Complete the notarized declaration and send it with all of the custody/divorce court papers and a letter of explanation.
thank you I am trying to get a good lawyer
 
  • Like
Reactions: jes_ON

EEblues

Newbie
Feb 13, 2018
1
0
Hi

I have a divorce order,
I have no custody arrangements of my children
I do not know where their father and they reside.
I have them as unaccompanying on my PR-CEC class application.

I have sent all domestic violence orders, child custody- sole with father order and divorce order to CEC,
yet they have asked me to complete their visa medicals regardless.

Please advice me if this requirement can be waived.

this is the letter I received from CIC:

This is in reference to your application for permanent residence to Canada. We are still missing the
following information in order to finalize your application:

This is in reference to your 3 children:

And your separated spouse:

All family members, whether accompanying or not, and regardless of child custody arrangements or
spousal separation, are required to be examined to ensure they are not inadmissible, pursuant to
R70(1)(e).
Subsection 16(2)(b) of the Immigration and Refugee Protection Act (“the Act”) states that:
In the case of a foreign national, subject to the regulations, the foreign national must submit to a
medical examination.
Your non-accompanying dependent does not qualify for an exemption to this requirement pursuant to
paragraph 30 of the Immigration and Refugee Protection Regulations. Therefore you have 30 days from
the date of this letter to submit a medical examination for your family member(s)

This is a final reminder for you to comply with our request. If you are unable to have all of your family
members examined within the prescribed deadline, an officer will review your case and make a decision
based on the information available. As a result, your application may be refused.

The only relief that is available for not meeting this requirement of the Act is based on humanitarian and
compassionate circumstances. If you feel your situation warrants this relief, you must submit
documentation to support your request. The onus is on you to substantiate your request for relief on
humanitarian and compassionate grounds.

Humanitarian and compassionate relief is reserved for exceptional cases. If your request for humanitarian
and compassionate relief is approved, be aware that you will not be able to sponsor your non-examined
dependent(s) at later date as a member of the family class pursuant to section 117(9)(d) of the
Immigration and Refugee Protection Regulations which states:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of
their relationship to a sponsor if subject to subsection (10), the sponsor previously made an
application for permanent residence and became a permanent resident and, at the time of that
application, the foreign national was a non-accompanying family member of the sponsor and was
not examined.
Please sign the attached declaration acknowledging that you will not be able to sponsor him/her as a
member of the family class in the future.
****SIGNING THIS FORM DOES NOT ABSOLVE YOU FROM THE REQUIREMENT OF
EXAMINATION NOR DOES IT MEAN THAT YOUR APPLICATION WILL BE
APPROVED****
Please sign and return.
I have read and understood the contents of this letter and by signing and returning this declaration I am
confirming that:
I have made every attempt to have my non-accompanying dependant ___________________________
examined for immigration purposes, without success. I acknowledge that, since the above dependant is
not being examined, I will not be able to sponsor him/her in future under the family class, in accordance
with R117(9)(d) of the Immigration and Refugee Protection Regulations.
___________________________________ ___________________
Signature of Principal Applicant Date
______________________________
Name and Signature of Notary Public Date
Please upload this document to your MyCIC account.
Please note
Hello,
I am stuck in a similar situation. CIC has requested me to submit medical certificates as well as police clearance certificates for my non-accompanying separated spouse. She is not willing to cooperate. Can you please share how you proceeded and what was the outcome?

Your response will be very valuable, deeply appreciated.

Thank you
 

jamshedali

Newbie
Aug 21, 2017
9
0
Hi

I have a divorce order,
I have no custody arrangements of my children
I do not know where their father and they reside.
I have them as unaccompanying on my PR-CEC class application.

I have sent all domestic violence orders, child custody- sole with father order and divorce order to CEC,
yet they have asked me to complete their visa medicals regardless.

Please advice me if this requirement can be waived.

this is the letter I received from CIC:

This is in reference to your application for permanent residence to Canada. We are still missing the
following information in order to finalize your application:

This is in reference to your 3 children:

And your separated spouse:

All family members, whether accompanying or not, and regardless of child custody arrangements or
spousal separation, are required to be examined to ensure they are not inadmissible, pursuant to
R70(1)(e).
Subsection 16(2)(b) of the Immigration and Refugee Protection Act (“the Act”) states that:
In the case of a foreign national, subject to the regulations, the foreign national must submit to a
medical examination.
Your non-accompanying dependent does not qualify for an exemption to this requirement pursuant to
paragraph 30 of the Immigration and Refugee Protection Regulations. Therefore you have 30 days from
the date of this letter to submit a medical examination for your family member(s)

This is a final reminder for you to comply with our request. If you are unable to have all of your family
members examined within the prescribed deadline, an officer will review your case and make a decision
based on the information available. As a result, your application may be refused.

The only relief that is available for not meeting this requirement of the Act is based on humanitarian and
compassionate circumstances. If you feel your situation warrants this relief, you must submit
documentation to support your request. The onus is on you to substantiate your request for relief on
humanitarian and compassionate grounds.

Humanitarian and compassionate relief is reserved for exceptional cases. If your request for humanitarian
and compassionate relief is approved, be aware that you will not be able to sponsor your non-examined
dependent(s) at later date as a member of the family class pursuant to section 117(9)(d) of the
Immigration and Refugee Protection Regulations which states:

117(9)(d) A foreign national shall not be considered a member of the family class by virtue of
their relationship to a sponsor if subject to subsection (10), the sponsor previously made an
application for permanent residence and became a permanent resident and, at the time of that
application, the foreign national was a non-accompanying family member of the sponsor and was
not examined.
Please sign the attached declaration acknowledging that you will not be able to sponsor him/her as a
member of the family class in the future.
****SIGNING THIS FORM DOES NOT ABSOLVE YOU FROM THE REQUIREMENT OF
EXAMINATION NOR DOES IT MEAN THAT YOUR APPLICATION WILL BE
APPROVED****
Please sign and return.
I have read and understood the contents of this letter and by signing and returning this declaration I am
confirming that:
I have made every attempt to have my non-accompanying dependant ___________________________
examined for immigration purposes, without success. I acknowledge that, since the above dependant is
not being examined, I will not be able to sponsor him/her in future under the family class, in accordance
with R117(9)(d) of the Immigration and Refugee Protection Regulations.
___________________________________ ___________________
Signature of Principal Applicant Date
______________________________
Name and Signature of Notary Public Date
Please upload this document to your MyCIC account.
Please note
Kindly let me know what was the outcome as I am in a similar situation.
I have received COPR and I am about to get married but my would be wife had a child from previous marriage in which she was divorced. She has no idea about the whereabouts of the Child or his father since the past 9 years and neither does she wish to add the child as a dependent.
 

vmanojk123

Full Member
Aug 3, 2018
37
1
Hello,
I am stuck in a similar situation. CIC has requested me to submit medical certificates as well as police clearance certificates for my non-accompanying separated spouse. She is not willing to cooperate. Can you please share how you proceeded and what was the outcome?

Your response will be very valuable, deeply appreciated.

Thank you
Did you get through with your PR?