Medical question dependants

[Landagirl]

Sorry if this has been discussed over and over, I just cant seem to find anything current and everything seems to change.

Here is my issue, I will keep it quick! My fiancé is an American citizen and has 3 kids with 2 different ex-wives. The 2 oldest are 15 and 17 and he has no custody of them and she has remarried. He doesn't really have a relationship with them, just pays his child support on time and that is all. His youngest is 9 and he has joint custody with his ex. We will not be sponsoring them at all in the future.

Here are my questions/concerns

1. Will the two oldest need to be included on the application and medicals as there is minimal contact them and she has been remarried for 10 years?

2. The youngest is going to be a nightmare to get her mom to consent to a medical exam so I think we are just never going to be able to follow through with him immigrating after we are married anyways. Anyone else have exes refusing medical issues?

3. We are hoping to get married in March and him move here and apply inland and a work permit. I understand he will need a medical before we apply for a work permit, but if it takes a bit to persuade the ex's to agree how will that effect us in the beginning? I know this is going to be a long process, but when exactly do the kids medicals need to be submitted?


Thanks in advance for your help and advice.

 

[Alurra71]

Sorry if this has been discussed over and over, I just cant seem to find anything current and everything seems to change.

Here is my issue, I will keep it quick! My fiancé is an American citizen and has 3 kids with 2 different ex-wives. The 2 oldest are 15 and 17 and he has no custody of them and she has remarried. He doesn't really have a relationship with them, just pays his child support on time and that is all. His youngest is 9 and he has joint custody with his ex. We will not be sponsoring them at all in the future.

Here are my questions/concerns

1. Will the two oldest need to be included on the application and medicals as there is minimal contact them and she has been remarried for 10 years?

2. The youngest is going to be a nightmare to get her mom to consent to a medical exam so I think we are just never going to be able to follow through with him immigrating after we are married anyways. Anyone else have exes refusing medical issues?

3. We are hoping to get married in March and him move here and apply inland and a work permit. I understand he will need a medical before we apply for a work permit, but if it takes a bit to persuade the ex's to agree how will that effect us in the beginning? I know this is going to be a long process, but when exactly do the kids medicals need to be submitted?


Thanks in advance for your help and advice.

All children will need to be disclosed as well as examined medically, provided they are 18 years of age or younger. (Unless the dependent age changes prior to your application) It doesn't matter if their mother is remarried or not, they are still his children and need to be listed.

As far as the youngest is concerned, try this tactic: Advise her that complying with the medical in no way allows your husband to 'take' her daughter from her. It simply ensures that, god forbid, something should happen to her later down the line that the daughter CAN be sponsored to come and live with her father. Just stress the point to her that doing a medical doesn't give him any special rights, only keeps future options open if they become necessary. He can still get approval if they don't comply, however, it can be a bit more time consuming.

The children's medicals should be completed and sent in along with the application. I would advise that you begin speaking to the children's mothers now, before you are actually ready to file the application to help prepare the way for when they need to be done. If you are able to secure their acceptance, then I would also suggest you file an outland application for your soon to be husband. Doing an inland application is pointless for an American because at this time, a few extra months (3 or less) would make him a full PR filing outland, as opposed to inland at 2-3 full YEARS. This would also eliminate the need to redo children's medicals if they expire before application processing times are done, because that is a common thing recently. No point in trying to tempt fate twice if you don't need to, right?

 

[Landagirl]

Thanks for your advice! This is all new and confusing for me!

So the outland for an American spouse is less time than what is says on the CIC website? We just figured we could be together doing inland and he could get work in 4-6 months and we would just wait it out in the same house.

 

[canuck_in_uk]

Thanks for your advice! This is all new and confusing for me!

So the outland for an American spouse is less time than what is says on the CIC website? We just figured we could be together doing inland and he could get work in 4-6 months and we would just wait it out in the same house.

Outland for an American averages about 8 months. He can be in Canada while the outland app processes.

As said above, the kids must be included and medically examined.

For the first 2, ask the mother to have their medicals done. If she refuses, try to get proof of the refusal, such as an email. Your husband would need to get a notarized letter stating that he understands that the chidren will be forever excluded from the Family Class and unable to be sponsored. Also include proof showing that the mother has sole custody.

However, this is not going to be an acceptable argument for the youngest because he has joint custody. He can take the child for the medical himself and does not require the mother's permission. CIC is unlikely to accept that this child cannot be included in the app.

Understand that CIC does not like excluding children from the Family Class, as it's a permanent action, so doing so can cause delays in the app.

 

[Landagirl]

Thanks for your help. The medical with joint custody should be easy then, just getting her to agree to the passport so the youngest can get her medical!