Need Help, Very frustrated with Immigration. Are they Daft???

[z28eater]

Hi there,
My spouse and I filed for PR last June. My husband has 3 minor children from a previous marriage, and his ex-wife will not allow the kids to get their medicals done period. This is the notarized letter I sent to Immigration. Now they are asking for a Non Exam of DEP(s) a statutory declaration concerning non-examination of dependants. What do they mean by this term? I thought by writing the following letter would clarify this for the officer. Do you have any other suggestions to get it through their thick head that I can't take my kids to get their medicals?

Thank you for your help.



Canada Immigration

Mississauga, Ontario Office


UCI:

Application:


July 1, 2018



To Whom It May Concern:


My name is XXXXXXX I am unable to get the required medicals done for my 3 minor children who will not be residing with me in Canada. Upon reviewing my divorce decree, I have joint custody (I always thought she had sole custody) but my ex-wife XXXXXXXXXX has permanent placement of the children in the United States. Which means I cannot take the children at any time without her permission.


When I received the request for medicals for my 3 minor children,XXXXXXXXXX; I immediately contacted my ex-wife on Friday June 8th, 2018. We spoke briefly about me taking the kids for their medicals and it seemed at that time she was reasonable about the situation. XXXXXXX told me to call or text her the following week since she was busy. We would meet up to go over the paperwork. During that conversation on the 8th I offered for her to come to the appointment with us in Montreal so she would feel more comfortable about everything.


On June 11th I called and left a voice mail. On June 12th I send a text message asking if she received my voice mail. Also, on the same day I consulted an immigration lawyer XXXXXXknowing that my ex-wife was not going to co-operate since she was avoiding my calls and text messages. On June 13th I called her again, and finally she responded back 15 minutes later to say that she would not allow the kids to get their medicals done period! End of discussion! It just wasn’t happening. I tried to explain to her that immigration requires it in the event that something was to happen to her or if the family situation was to change that the kids could reside with me. I also advised her that if the kids don’t get their medicals they could never be sponsored in the future and that she would be taking an opportunity away for them in the future if they wanted to work or study here. At which point, she became very verbally abusive and belligerent.



I let the situation cool down for a couple of days in hopes that she would come to her senses. On June 19th, 2018 I contacted her via text message please see attached copies for your review.


I apologize but I am unable to take my children to the nearest approved immigration doctor which would be Montreal, Quebec, as I would need a permission letter from my ex-wife allowing me to take the kids out of the country. Also, XXXXXX would not allow me to take the children to NYC 6 hours away which would be the closest immigration doctor in the United States without having a warrant out for my arrest.


Please understand that I have tried to be cordial with my ex-wife for the benefit of the kids, over the years, but she makes things extremely difficult. With her no means no, and she would have no problem charging me with harassment if I push the subject any more then I already have. I work in the US but live in Canada therefore I cannot take the chance of taking the kids without her permission as she would have me arrested in a heartbeat. I would lose my job and any chance of becoming a permanent resident of Canada forcing me to be separated from my current wife XXXXXfor some time. XXXXXX also works for XXXXX CountyChild Support in the same county as I work in. Any chance she gets she likes to make my life a living hell with threatening to take me back to court for no reason because she can and has the authority to do so. She is a very vindictive and spiteful woman and would love to see me lose everything once again as she stripped me clean of my livelihood and farm in the past.


I don’t get to see the children as often as I like, but my son XXXXX was up at my parents place and he was willing to sign a statutory declaration that he is giving up his rights to come to Canada. Due to his hours of his summer job, he was not able to get the letter notarized, but I have provided a copy of his driver’s license as proof of his signature.


I understand that by not having the medicals done that I can never be able to sponsor the children in the future. I have tried several times to no avail with this woman. I ask that you please process my application for permanent residency solely for myself.


I would like to thank you for your consideration in this matter If you have any questions please feel free to contact me at


Sincerely,




PS This letter was notarized.

 

[sylvain1]

I would recommend googling "ip-08 cic manual" and to download the first link (pdf). Look at section 5.12.

I copy paste here a small portion "The onus is on the applicant to provide sufficient evidence to satisfy the officer that reasonable effort was made, without success, to have a non-accompanying child examined. Some scenarios where this may occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding with an application where a dependent child has not been examined should be an exception."
So the letter is fine, but if you can add text message from the ex-wife stating that she refuses to let the kid have the medical exam, or even better, a letter from her stating she refuses. That would make your case stronger.

 

[zt2018]

You may want to call the call center to clarify what exactly they want, but I suspect that they want a confirmation from your spouse in writing that he understands that if the children are not examined he will not be able to sponsor them in future.
You can read more about the declaration here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-application-permanent.html

If I remember correctly there used to be a standard form to complete, but I can't find it now. You may want to check with IRCC may be they want this form to be completed in addition to the letter he sent.

 

[z28eater]

I would recommend googling "ip-08 cic manual" and to download the first link (pdf). Look at section 5.12.

I copy paste here a small portion "The onus is on the applicant to provide sufficient evidence to satisfy the officer that reasonable effort was made, without success, to have a non-accompanying child examined. Some scenarios where this may occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding with an application where a dependent child has not been examined should be an exception."
So the letter is fine, but if you can add text message from the ex-wife stating that she refuses to let the kid have the medical exam, or even better, a letter from her stating she refuses. That would make your case stronger.

Thank you! I did include the text messages as well as proof, along with the record of the calls to show that we made every effort possible. Either they didn't read the letter or it was lost. I don't know. A lawyer wants to charge us $2700 to handle this portion of the case, and we have to do all the legwork.

 

[z28eater]

You may want to call the call center to clarify what exactly they want, but I suspect that they want a confirmation from your spouse in writing that he understands that if the children are not examined he will not be able to sponsor them in future.
You can read more about the declaration here https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/non-economic-classes/family-class-application-permanent.html

If I remember correctly there used to be a standard form to complete, but I can't find it now. You may want to check with IRCC may be they want this form to be completed in addition to the letter he sent.

I have never been able to get ahold of anyone at the Call center. Any time I call I get " Please call back and they hang up."

 

[starnaenae]

I have never been able to get ahold of anyone at the Call center. Any time I call I get " Please call back and they hang up."

You need to keep trying. Its frustrating then you hold for 40 minutes. Usually 3rd to 5th attempt i get through

 

[Landagirl]

We had the same problem with my husbands 2 ex wives and his 3 kids. The notarized letter that you sent is similar to the one we sent. We added a declaration at the bottom stating that he is giving up all rights to sponsor his kids, use their full names, through the family class program. Also state that he understands that he will never be able to sponsor them in the future. Just make sure that is what you want as you can’t go back ever and undo it. That cost me 250.00 with a phone conversation with a lawyer. Within a couple of weeks his medical went to passed and his ppr was mailed. Maybe it depends on the officer as We didn’t add any proof of conversations or his divorce decrees as they were sent in with application. Just a little bit about how he didn’t really know his sons and if anything were to happen to their mom, they would be better off with her family, they were also 15 and 17 at the time. His daughter we said he would move back to the states if need be and that she would be visiting us every summer for 2 months. He had joint custody with both but Texas is funny in how they word it so I played on the words a bit and added an excerpt from their website. Good luck, wish you had the same officer we had as the whole process was just over 4 months

 

[Landagirl]

We had the same problem with my husbands 2 ex wives and his 3 kids. The notarized letter that you sent is similar to the one we sent. We added a declaration at the bottom stating that he is giving up all rights to sponsor his kids, use their full names, through the family class program. Also state that he understands that he will never be able to sponsor them in the future. Just make sure that is what you want as you can’t go back ever and undo it. That cost me 250.00 with a phone conversation with a lawyer. Within a couple of weeks his medical went to passed and his ppr was mailed. Maybe it depends on the officer as We didn’t add any proof of conversations or his divorce decrees as they were sent in with application. Just a little bit about how he didn’t really know his sons and if anything were to happen to their mom, they would be better off with her family, they were also 15 and 17 at the time. His daughter we said he would move back to the states if need be and that she would be visiting us every summer for 2 months. He had joint custody with both but Texas is funny in how they word it so I played on the words a bit and added an excerpt from their website. Good luck, wish you had the same officer we had as the whole process was just over 4 months

i can dig out the paper if you want as to how it was exactly worded, the lawyer said I had to use specific wording and it was 2 years ago so I can’t remember.

 

[canuck_in_uk]

I have never been able to get ahold of anyone at the Call center. Any time I call I get " Please call back and they hang up."

There is no point in calling the Call Center and you don't need a lawyer.

Your initial letter did state that you understood you couldn't sponsor the kids but it might have gotten a bit lost.

Send another notarized letter just stating that you understand that your children will be forever excluded from the Family Class and that you will never be able to sponsor them. Refer back to your previous letter for the explanation and include a copy.