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Underhill

Hero Member
Feb 5, 2020
316
189
Vancouver, BC
My wife (the sponsor) is a Canadian citizen and therefore doesn't need to be listed as a dependent on IMM0008 (presumably). I'm a US citizen with a minor biological child, but the child's mother holds sole legal/physical custody, and is completely unresponsive to all communication attempts.

In the US my child is NOT my dependent - does Canada think differently?

And if so, how can I include my non-dependent child as a dependent on the application if my child's sole custodian won't cooperate with my PR application process?

Hoping my PR application won't be completely derailed by an uncooperative ex...
 
My wife (the sponsor) is a Canadian citizen and therefore doesn't need to be listed as a dependent on IMM0008 (presumably). I'm a US citizen with a minor biological child, but the child's mother holds sole legal/physical custody, and is completely unresponsive to all communication attempts.

In the US my child is NOT my dependent - does Canada think differently?

And if so, how can I include my non-dependent child as a dependent on the application if my child's sole custodian won't cooperate with my PR application process?

Hoping my PR application won't be completely derailed by an uncooperative ex...

The child is still your legal dependent and must be included in the app even if you can't get the ex to co-operate. IRCC will then decide whether the child can be excluded or not. In order to have him/her excluded, provide custody agreement, proof that you've tried to contact the ex to get the medical done and a notarized statement declaring that you understand your child will be excluded from the Family Class and never be able to be sponsored.
 
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Thanks for the clear response.

After chatting and speaking to the IRCC (after my original post here) it seems this is an issue without a clear solution - one agent I spoke with said my application would be denied if my child does not get a medical exam - period. Another agent said it was a judgment call on part of the person assigned to my application. Hoo boy...
 
There are various cases on this board of people being sponsored with a dependent they couldn't get examined. There is a very heavy burden of proof that you've tried and it's completely impossible, but I have yet to see someone outright rejected in circumstances where they have no custody/contact with the child.

I would take IRCC with a grain of salt, especially if they're giving you different information, haha. It sounds like you have a very strong disconnect from your dependent and as long as you can provide detailed documentation that it's impossible for that child to be examined, you shouldn't be outright rejected. It's reality for a LOT of people. You might search this forum and find other people who were in your same situation.
 
Thanks for the clear response.

After chatting and speaking to the IRCC (after my original post here) it seems this is an issue without a clear solution - one agent I spoke with said my application would be denied if my child does not get a medical exam - period. Another agent said it was a judgment call on part of the person assigned to my application. Hoo boy...

You spoke to a poorly trained call centre employee, not an actual visa officer. Don't ever rely on them for anything beyond the most absolute basic questions.

If you follow the steps I gave, your app should be approved.