+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Please help... Medical for Non accompanying dependent

Hansdza

Hero Member
Mar 7, 2013
400
19
Canada
Job Offer........
Pre-Assessed..
Since nobody replied me in Express Entry Topic, I would like to try my luck by posting my question here. Hopefully somebody can help me out...

Dear senior members,

I have a little bit of situation here. I got ITA for Express Entry on 16th draw and I need to submit medical exam for my non accompanying dependents. The problem is, my ex wife refused to give permission for my children to take medical exam. I separated with my wife more than a year ago here in Canada and we had separation agreement legalized by two lawyers (mine and hers). It is stated in the separation agreement that she has full custody for both my children.

I read somewhere in this forum that given the circumstances I am having right now. I can make an affidavit in front of Public Notary or Commissioner for oath that I am excluding my children from the requirement to do medical exam and I am fully aware that by doing so I will never be able to sponsor them anytime in the future. I would also need to write a letter of explanation (LOE) to CIC about my situation and to ask them to process my application based on its own merit.

My questions are:

1. Anyone had the same thing with me and successfully went through the whole PR application process. If yes, could you please share your experience. It will be really appreciated
2. I am not sure what to write in my affidavit. Should I call an Immigration lawyer and have them draft one for me.
3. Will the CIC reject my application, regardless of what I said in my affidavit
4. Should I call Lawyer right away and let them handle my entire case.

It has been a really difficult time for me so any help/advice/suggestion/information would be really appreciated..

Thank you in advance
 

Aquakitty

VIP Member
Mar 21, 2011
3,017
155
BC
Category........
FAM
Visa Office......
Ottawa
App. Filed.......
04-03-2015
AOR Received.
14-04-2015 - SA Received: 20-04-2015
Med's Done....
28-01-2015 Upfront
Interview........
Waived
Passport Req..
N/A
VISA ISSUED...
25-06-2015
LANDED..........
11-07-2015
You say you separated in Canada, can you clarify, what nationality are your children?
 

Hansdza

Hero Member
Mar 7, 2013
400
19
Canada
Job Offer........
Pre-Assessed..
We are all from an Asian country.. I am not sure if the name of the country really matters but if you are really interested to know, I'll send you a PM

I came as a full time graduate student and my ex got open work permit. Our children stayed in our home country with my mother in law. The plan was, we needed to settle down first before we could bring our children with us to Canada. We came with a lot of dreams about Canada but I guess we were not that strong enough to go through all the pain of living in a new country. Especially when the children are not around. I swear to God it was the most difficult time in my life.. And to be honest, I fully regret my decision to come to Canada to pursue our dream (after all that happened to me and my family)

Long story short, our marriage broken apart after 1 year we came here. Now we live separately in different province and we legalize our separation agreement before family lawyer. Now that I am already here, lucky enough to get a job after graduation considering the current economy down turn in Canada. I cannot go back, I have lost my job there and my family.. So I decided to go on with immigration.. Another dream, probably something good will come for me in the future... hopefully

So here I am, stuck with the PR application as my ex refused to take medical exam for my children..
 

canuck_in_uk

VIP Member
May 4, 2012
29,706
6,560
Visa Office......
London
App. Filed.......
06/12
As you've been separated for over a year, you need to file for divorce. Being married, CIC will expect your spouse to be included in the app as well. You need to get divorced.

Try as hard as you can to convince your spouse to have the children undergo the medical. Make sure she understands that this doesn't mean that the children are immigrating. It provides the option in future in case something happens to her and there is no one else to look after the children. It also provides more options for the children's futures. If you can't convince her, document her refusal.

There is no need to hire a lawyer. Write the letter yourslef and have it notarized. It basically needs to acknowledge that by not having them undergo the medical, you won't ever be able to sponsor your children.
 

Hansdza

Hero Member
Mar 7, 2013
400
19
Canada
Job Offer........
Pre-Assessed..
Hi canuck_in_uk

Thank you for your reply. I am not sure if my status needs to be in black or white (married or divorced) for PR application purposes. In my Express Entry Account, there are so many options about marital status including single, married, divorced, separated and legally separated. Perhaps there are some other classification as well, Don`t remember exactly.

Once I choose the status to legally separated, all the requirement for my ex wife disappears. I only have less than 60 days to upload all my supporting documents. I got everything ready to upload and my medical is scheduled next week.

The only problem is medical for my dependent children. Again, back to my horror story..

Please help, I am wondering if there is any workaround for this..
 

canuck_in_uk

VIP Member
May 4, 2012
29,706
6,560
Visa Office......
London
App. Filed.......
06/12
In the past, CIC has usually requested proof of a divorce.

As for the situation with your children, I already gave you your options.
 

Hansdza

Hero Member
Mar 7, 2013
400
19
Canada
Job Offer........
Pre-Assessed..
Thanks for your input.

I did try to convince her before I post my question that it is for the best interest of the children to have them examined. But you know once a relationship broken down all trust and love converted into hatred and suspicion. You know what I mean..

Divorce takes times and I am not sure I can make it given the timeframe that I have now. So it is not an option for me.

The only thing I can think of (based on what I read before somewhere in this forum is to make such notarized declaration that I am not (because I can not) including my children to do medical exam.

If you could please inform me what to write in my declaration letter and perhaps some citation of paragraph or anything from the Immigration and Refugee protection Act. That might help. I am sure I am not the only one who is or has or will (going/been/be) through this problem. It will be very helpful to anybody who read this post.

Your input is really appreciated...
 

canuck_in_uk

VIP Member
May 4, 2012
29,706
6,560
Visa Office......
London
App. Filed.......
06/12
The letter doesn't need to be anything complicated or have anything quoted from IRPA. A few lines explaining what I said above is fine. Include any proof of the mother's refusal.
 

munika

Star Member
Apr 13, 2015
180
8
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
August 07, 2015
My spouse as principal applicant had a same situation. We have submitted letter of ex spouse (translated and notarized) where she states that she doesn't allow kids to undergo medical bla bla due to a full custody she has over. They have asked us for medicals anyway! Letter was sent to us stating all the consequences. We gave the letter to his ex spouse to take a look - she changed her mind after. You can not count on Immigration Law to be changed in such important thing.
According to Immigration Lawyer I have discuss this about, you would need to do affidavit and to notarize it - where you acknowledge that you won't be able to sponsor them anytime in the future.

In our case, I am glad Immigration Officer decided to give us one more push in regards to this matter.
 

BabyK

Member
Aug 30, 2017
14
0
My spouse as principal applicant had a same situation. We have submitted letter of ex spouse (translated and notarized) where she states that she doesn't allow kids to undergo medical bla bla due to a full custody she has over. They have asked us for medicals anyway! Letter was sent to us stating all the consequences. We gave the letter to his ex spouse to take a look - she changed her mind after. You can not count on Immigration Law to be changed in such important thing.
According to Immigration Lawyer I have discuss this about, you would need to do affidavit and to notarize it - where you acknowledge that you won't be able to sponsor them anytime in the future.

In our case, I am glad Immigration Officer decided to give us one more push in regards to this matter.
Hi! I’m just wondering how can my letter gets translated? Does it need to be someone who is certified? TIA
 

jimshady

Star Member
May 1, 2018
97
54
Visa Office......
London
NOC Code......
5241
AOR Received.
16 Jan 2019
Med's Request
4 Mar 2019
Med's Done....
12 Mar 2019
Passport Req..
27 Mar 2019
VISA ISSUED...
17 Apr 2019
I know its late - but as I got "to the bridge" this month I am crossing it now. And hope this might help future readers.

I have a child living with my ex-wife. I havent seen the child since birth. Bad Divorce. So donot communicate at all.
First i didn't include my child in the application as Non-accompanying child. However i got a warning that my application could be refused in entirety. Got scared.
So i re-submitted the application + LOE stating why i thought the child is NON dependant - as the mother is solely responsible and living in a different country.

I also mentioned upfront that I am not the child's sponsor now, nor will be sponsoring the future to canada (if i am approved)

I got few requests as to history , why the divorce happened etc...so i gave it all. including a LOE of any documents i could not provide. and why the non-accompanying child could NOT get a medical.

So finally they sent the medical requests for my current family (I remarried and have kids) excluding the child from my ex-wife. and also a statement that i will not be able to sponsor the child in the future.
 

krishnavecca

Member
Jul 7, 2019
17
2
Hello All,

I have not submitted the medicals for my non accompanying dependent child and have provided explanations for the same.

I just want to know at what stage does IRCC come back asking for non-accompanying dependents Medicals, if we are not providing the same and giving explanations and statutory declarations.

My current state is MEP -> passed. Does this mean they have accepted my explanations or they are yet to review the required documents for Medicals ?
 

vmanojk123

Full Member
Aug 3, 2018
37
1
I know its late - but as I got "to the bridge" this month I am crossing it now. And hope this might help future readers.

I have a child living with my ex-wife. I havent seen the child since birth. Bad Divorce. So donot communicate at all.
First i didn't include my child in the application as Non-accompanying child. However i got a warning that my application could be refused in entirety. Got scared.
So i re-submitted the application + LOE stating why i thought the child is NON dependant - as the mother is solely responsible and living in a different country.

I also mentioned upfront that I am not the child's sponsor now, nor will be sponsoring the future to canada (if i am approved)

I got few requests as to history , why the divorce happened etc...so i gave it all. including a LOE of any documents i could not provide. and why the non-accompanying child could NOT get a medical.

So finally they sent the medical requests for my current family (I remarried and have kids) excluding the child from my ex-wife. and also a statement that i will not be able to sponsor the child in the future.
Hey Jim, quoting you "...including a LOE of any documents i could not provide. and why the non-accompanying child could NOT get a medical"

you uploaded the LOE via a webform or via the link the IRCC provide to submit documents whenever they issue an ADR?
 

vmanojk123

Full Member
Aug 3, 2018
37
1
I have got ADR asking for medical, birth certificate and PCC for the child from my ex-wife but my ex-wife has broken all communications and has not responded to my requests and her location is also unknown. I have raised a web-form in which I submitted my an LOE explaining my difficult situation and inability to submit the requested documents. In my LOE, I provided an affidavit too stating that my ex-wife has broken all communications and I am unable to provide the above mentioned documents and I am aware that, this may lead to the child being ineligible for future sponsorship.

Is there anything more that could be done? Anyone facing similar issues and got PR successfully?

Moreover, do we need to upload the LOE against the document section they have enabled for submitting the ADR or should it be via webform?

Please help out here as it is urgent