I am being sponsored by my wife who is a Canadian citizen. We have come across a road block in the process. I have a child from a previous relationship that was included on my application. The child's mother does not want him to be on the application and refuses to take him for a medical examination or co operate in any way. I had known this before I submitted the application but I was told by the call centre that my son still had to be included. Two years later I have received a letter to this effect:
[X] Regulation 72(1)(e)(i) states a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying of not, are not inadmissible.
As you have not been able to provide documentary evidence that your child is in the sole custody of another person, examination for the following family member must continue
Please note that it is in your best interest to ensure your dependents undergo immigration examination as instructed. Failure to comply may result in refusal of your Application for Permanent Residence.
On contacting the call centre again after receiving this letter I was told that under my circumstances a statutory declaration saying that I have no custody over my son and have no intention of applying for him in the future is a possible option. But they are not sure whether that would help further my application process or not.
If anyone has any experience with this situation any advice would be greatly appreciated.
Thank you
[X] Regulation 72(1)(e)(i) states a foreign national in Canada becomes a permanent resident if, following an examination, it is established that they and their family members, whether accompanying of not, are not inadmissible.
As you have not been able to provide documentary evidence that your child is in the sole custody of another person, examination for the following family member must continue
Please note that it is in your best interest to ensure your dependents undergo immigration examination as instructed. Failure to comply may result in refusal of your Application for Permanent Residence.
On contacting the call centre again after receiving this letter I was told that under my circumstances a statutory declaration saying that I have no custody over my son and have no intention of applying for him in the future is a possible option. But they are not sure whether that would help further my application process or not.
If anyone has any experience with this situation any advice would be greatly appreciated.
Thank you