Medicals

[KCastillo]

HI, So my husband is from the DR and we are currently living together in Canada, he is here on a visitors visa, and we have finally decided after 2 years of marriage that we would apply for his permanent residency. Here is our problem, my husband has a 5 year old daughter back in the DR that he never sees, the mother has custody although there are no legal papers drawn up in regards to this, its just how things work in the DR. However being that he is here in Canada we are finding it hard if not impossible to get the medical test done for his daughter. We do not feel comfortable sending $200 plus dollars to his daughters mother in hopes that she will take her to get the medical done.
So my question is, is there anyway that we can still apply for PR without having this medical? I have read elsewhere that without this medical my husband will just be denied PR, which is not good, and being that we are applying inland we lose the chance for appeal and thus we need to make sure we have everything completed that we need completed.
Also in regards to medicals does anyone know if the medicals HAVE to be submitted at the time our application is submitted, as I hate the idea of having to have them done more then once at the price they are, and the application inland can take 2 years to be processed, thus meaning if we submit the medicals right away we will have to do them again later on.

Thank you for any help

 

[dakonej]

HI, So my husband is from the DR and we are currently living together in Canada, he is here on a visitors visa, and we have finally decided after 2 years of marriage that we would apply for his permanent residency. Here is our problem, my husband has a 5 year old daughter back in the DR that he never sees, the mother has custody although there are no legal papers drawn up in regards to this, its just how things work in the DR. However being that he is here in Canada we are finding it hard if not impossible to get the medical test done for his daughter. We do not feel comfortable sending $200 plus dollars to his daughters mother in hopes that she will take her to get the medical done.
So my question is, is there anyway that we can still apply for PR without having this medical? I have read elsewhere that without this medical my husband will just be denied PR, which is not good, and being that we are applying inland we lose the chance for appeal and thus we need to make sure we have everything completed that we need completed.
Also in regards to medicals does anyone know if the medicals HAVE to be submitted at the time our application is submitted, as I hate the idea of having to have them done more then once at the price they are, and the application inland can take 2 years to be processed, thus meaning if we submit the medicals right away we will have to do them again later on.

Thank you for any help

You can include your husband's daughter as a Non-Accompanying family member to exclude her from the application at the present time. However, you are still required to have her go through the medical examination otherwise your application will be refused and you could be charged with "Misrepresentation". I believe there is an exemption to that when the non-accompanying family member either refuses or is unavailable for the medical. I just can't remember what that is right now.

I'll find out if I can, but i'm sure other forum members could answer that.

 

[dakonej]

.... my husband has a 5 year old daughter back in the DR that he never sees, the mother has custody although there are no legal papers drawn up in regards to this, its just how things work in the DR. However being that he is here in Canada we are finding it hard if not impossible to get the medical test done for his daughter. .....edited
So my question is, is there anyway that we can still apply for PR without having this medical? .....
Also in regards to medicals does anyone know if the medicals HAVE to be submitted at the time our application is submitted, as I hate the idea of having to have them done more then once at the price they are, and the application inland can take 2 years to be processed, thus meaning if we submit the medicals right away we will have to do them again later on.

Thank you for any help

Ok, according to section 5.11 of Operational Manual 02 (http://www.cic.gc.ca/English/resources/manuals/op/index.asp), the only way you can be exempted from having your non-accompanying family member going through the medicals is to show proof that she is under the legal custody of another person or proof of separation from the child's mother.

Also, I believe if you're applying inland you can wait until CIC requests for the medicals to be done, but I'm not sure if that's even recommended.

 

[scylla]

Also, I believe if you're applying inland you can wait until CIC requests for the medicals to be done, but I'm not sure if that's even recommended.

No - medicals must be submitted with the original application package for inland as well.