Husband applied for PR, has child who is NOT accompanying

[heathersis]

Help! I've just been approved as sponsor for my husband's family class PR application. He listed his son on the application, but his son is REMAINING in the USA with his ex-wife (the boy's mother). We just received a letter stating that his son is required to undergo immigration examination pursuant to the Regulations whether or not they have been included for PR Processing or not. Failure to comply will result in his application being refused.

The trouble is that his son is 11 years old, and is autistic, and non-communicative. He is NOT coming to Canada as a permanent resident, cannot ever pass an immigration examination, doesn't talk anyway, doesn't deal well with strangers, etc. And, if we don't do the interview, does that mean he can never be given PR status in Canada? Even if his mother dies?

How on earth are we going to make this work? Can any one shed some light on this? Has anyone been through this?

Thanks in advance.

 

[CharlieD10]

They mean a MEDICAL examination, not an interview. Your husband needs to take the child to the same doctor that did his medical and have one done for the child too. Non-accompanying dependents are still required to be medically examined.

 

[heathersis]

We are in Ontario. His son lives in the southern United States. We see him once a year for a two week visit. Based on the medical form my husband had to complete, his son would be category C - he's not ever going to be self-sufficient, has developmental delays etc.... He's NOT coming to Canada though, and we did write that on the forms initially.

Can they refuse us my husband's PR application because he has a son who's intellectually challenged, even though he is NOT coming to Canada?

Thanks for your feedback.

 

[computergeek]

Regardless of what they find in the medical examination, it is not grounds for denial of your husband's application. Further, it means that if he needs to care for his son in the future, he will be allowed to sponsor him and bring him to Canada. He will fall into the excess demand exempt category, in any case, so it won't matter.

The only alternative is a terminal disclaimer, in which he signs away his right to sponsor his son at any point in the future (it does not bar his son from applying in his own right, but given the circumstances you described that sounds unlikely.)

 

[canadianwoman]

. And, if we don't do the interview, does that mean he can never be given PR status in Canada? Even if his mother dies?

Yes, if you do not do what CIC asks, the boy can never be sponsored to Canada, even if the mother dies. They want a medical, so get it done. The medical is pretty straightforward, so I hope not too scary for the child.
A sponsored child is medically-demand exempt, so CIC would allow him to be sponsored, and your husband will not be refused because of the child's medical condition.

 

[eskimokiss]

Yes, if you do not do what CIC asks, the boy can never be sponsored to Canada, even if the mother dies. They want a medical, so get it done. The medical is pretty straightforward, so I hope not too scary for the child.
A sponsored child is medically-demand exempt, so CIC would allow him to be sponsored, and your husband will not be refused because of the child's medical condition.

I agree with canadianwoman. Just let him undergo the medical, so that if ever you need to bring him to Canada in the future (who knows what the future brings, after all), there will be no problems.

 

[SenoritaBella]

Is there an actual rule that says a child is medically-demand exempt? If so, then I wonder why this Korean family in New Brunswick faced deportation because of their son's illness? See link:
http://www.cbc.ca/news/canada/new-brunswick/story/2011/06/09/nb-stultz-korean-family-deportation-915.html

 

[canadianwoman]

Is there an actual rule that says a child is medically-demand exempt? If so, then I wonder why this Korean family in New Brunswick faced deportation because of their son's illness? See link:
http://www.cbc.ca/news/canada/new-brunswick/story/2011/06/09/nb-stultz-korean-family-deportation-915.html

Children are medically-demand exempt when they are sponsored by a Canadian citizen or PR parent. In the case above, the child was not sponsored; the parents are both Korean and applied to immigrate together to Canada, probably in the investor class. In this case, children are not excessive demand exempt, and the principal applicant's PR application can be refused because of the health concerns of his/her dependents.

 

[SenoritaBella]

Thanks for clarifying and I learnt something new... +1 for you. Have a great evening.

Children are medically-demand exempt when they are sponsored by a Canadian citizen or PR parent. In the case above, the child was not sponsored; the parents are both Korean and applied to immigrate together to Canada, probably in the investor class. In this case, children are not excessive demand exempt, and the principal applicant's PR application can be refused because of the health concerns of his/her dependents.