Children's Medical Exam

[KevinQ]

I am marrying a Canadian Permanent Resident and moving to Canada from the US later this month. I am divorced and have 2 children living in the US with their mother who has full physical custody. I do pay child support for the children but they live with her full time.

My question is, even if my children do not live with me and are not going to Canada will the Canadian Immigration require them to get medical exams? This seems strange if they need to complete medicals and if so, it may be difficult to arrange this to be completed.

Any help clarifying this would be appreciated. Thank you.

 

[Alurra71]

In short, yes, they will need to have medicals done. If you do not do this, and at some point down the road would like or need them to come live with you, it would be impossible if they are not checked first.

So, it would be very important for you have them screened doing whatever CIC needs you to do for them as unaccompanying minors.

 

[chickie72]

Also if you are unable to get the medicals for them, you can submit compelling reasons why the medicals are not able to be submitted.

 

[Rob_TO]

I am marrying a Canadian Permanent Resident and moving to Canada from the US later this month. I am divorced and have 2 children living in the US with their mother who has full physical custody. I do pay child support for the children but they live with her full time.

My question is, even if my children do not live with me and are not going to Canada will the Canadian Immigration require them to get medical exams? This seems strange if they need to complete medicals and if so, it may be difficult to arrange this to be completed.

The children need to do medicals and be included as a non-accompanying dependent in your application. If they don't do medicals, then in the future they can NEVER be sponsored by you to come to Canada, for any reason.

Sure the situation now looks like they will stay in US with their mom, but who knows what will happen in the near or far future. Any number of situations could come up where the mom is no longer able to care for them, and they would need to live with you in Canada.

CIC may accept you refusing to do medicals for them and to not include them as non-accompanying dependents, if you sign a declaration that you understand that will exclude them from family class sponsorship in the future, with no exceptions. However it's in your own best interest to get them medicals and include them in the app to be covered just in case situations change.

 

[canadianwoman]

Definitely get them to have the medicals. Explain to the mother if she is resistant that getting the medicals done does not mean the children will be coming to Canada. It just means that they will be able to be sponsored by you in the future, for example if she can no longer care for them or they want to study in Canada when they are older.

Yees, you can waive your rights to have the children examined, but CIC does not like this, will nag you for the medicals, and may eventually allow you to not have them done. This will at least delay your application. Better to just have them examined. The exam for children is not as intrusive as the one for adults.

 

[chickie72]

Exclusion from membership in the family class
–
R117(9)(d),
R117
(10)
and
R117
(11) (former
OM OP 03
-
19)
Under both the previous legislation
and under
IRPA
,
both the applicant and the applicant's family
members, whether accompanying or not, must meet the requirements of the legislation. There are
no exceptions to the requirement that all family members must be declared. With few exceptions,
this also means that all family members must be examined as part of the process for achieving
permanent residence. Officers should be open to the possibility that a client may not be able to make a family member
available for examination. If an applicant has done everything in their power to have their family
member examined but has failed to do so, and the officer is satisfied that they are
aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their
application for non-compliance would not be appropriate.
Officers must decide on a case-by-case basis using common sense and good judgment whether
to proceed with an application even if all family members have not been examined. Some
scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be
examined or an overage dependant refuses to be examined. Proceeding in this way should be a
last resort and only after the officer is convinced that the applicant cannot make the family
member available for examination. The applicant themselves cannot choose not to have a family
member examined.
The intent of R117(9)(d),
R117
(10) and
R117
(11) is to ensure that persons whom the sponsor made a conscious decision to exclude
(either by not declaringand/or not having the persons examined)from their own
application for permanent residence cannot laterbenefit by being sponsored by this
sameperson as a memberof the family class.Where, however, the applicant has declared the person and
CIC chooses not to examine thefamily member, for example, because of an administrative decision or
for policy reasons, or due toan administrative error, the family memberis
not excluded from membership in the family class.
However, a sponsor cannot sponsor a family member if an officer determined at the time the
sponsor previously submitted their application for permanent residence:
1.that the sponsor was informed that the
family member could be examined and that the
sponsor was able to make the family member available for examination, but did not do
so, or
2.that the family member did not appear for examination when he was able to do so