+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445
If you dont have custody of a child then you wont have access to their passport(without your spouse permission)

You are not allowed to do any test on them without your spouse permission.

So basically CIC is asking you to get your ex-wife's permission to get a PR in a way.

I dont think It works this way.

Again nobody is sure about this.

You need an Immigration lawyer to help you in this situation.

And she is US you cant fight in US courts to get your children medicals.

Hope you find your answers soon.
 
BreakingBad said:
I dont think It works this way.

Again nobody is sure about this.

You need an Immigration lawyer to help you in this situation.

Yes, it does work that way. However, CIC allows that in such a situation, it can be impossible to obtain the medical, therefore they allow the app to proceed with the applicant's understanding that the child(ren) will be excluded from the Family Class.

I am very sure on this, as it has happened MANY times and CIC does have policies on it.

Again, no need for a lawyer.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

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
 
canuck_in_uk said:
Yes, it does work that way. However, CIC allows that in such a situation, it can be impossible to obtain the medical, therefore they allow the app to proceed with the applicant's understanding that the child(ren) will be excluded from the Family Class.

I am very sure on this, as it has happened MANY times and CIC does have policies on it.

Again, no need for a lawyer.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

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


Seems like it works.
+1 for you.
 
canuck_in_uk said:
Yes, it does work that way. However, CIC allows that in such a situation, it can be impossible to obtain the medical, therefore they allow the app to proceed with the applicant's understanding that the child(ren) will be excluded from the Family Class.

I am very sure on this, as it has happened MANY times and CIC does have policies on it.

Again, no need for a lawyer.



5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

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

Thank you Canuck for some brilliance there!!! I truly appreciate it! You made my weekend and week and year!
 
canuck_in_uk said:
Again, no need for a lawyer.

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

5.12. Exclusion from membership in the family class –R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)

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

please be careful with that statement. I was in your situation before and I DID consult with lawyer. I was fortunate I was able to convince my ex to have our children examined eventually so everything went smooth. Had I failed to do so, not sure what would have happened by now..

NO future sponsorship possible is a bit confusing, like I stated before, if something happens down the road and you will have to take care of your children, this will be a big headache for their immigration