PR got canceled for this reason: Dependents not included in application

[raindirector]

Our situation:
My wife and I brought here with us our only child, 5 yrs old. My wife is the principal applicant for this PR application as she was the International Student and now on PGWP. I have 2 more children below 22 from a previous marriage. We mentioned it in my profile (spouse). But are not included in this application (which requires documents (passports, medical, birth cert) since they are not accompanying us here in Canada.

Our PR CEC application got cancelled for the following reason.

"Dependent(s) not included on application o Eligible dependent child/ren, [name of child] born [date of birth] was/were not included in your application for permanent residence. An application for permanent residence must include all eligible family members of the applicant, whether accompanying or not. Please see definition of eligible family member below.

- dependent child, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namel
(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent,
(ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namel
(i) is less than 22 years of age and is not a spouse or common-law partner,
(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition."

So my question is, are they referring to my 2 children from my previous marriage? My next question is, if they are not accompanying us but still should be included, what documents are being required? As I don't have their documents such as passports or photos.

Please help. We will need to submit again our profile soon so we can be included in the next draw.

 

[Naturgrl]

Our situation:
My wife and I brought here with us our only child, 5 yrs old. My wife is the principal applicant for this PR application as she was the International Student and now on PGWP. I have 2 more children below 22 from a previous marriage. We mentioned it in my profile (spouse). But are not included in this application (which requires documents (passports, medical, birth cert) since they are not accompanying us here in Canada.

Our PR CEC application got cancelled for the following reason.

"Dependent(s) not included on application o Eligible dependent child/ren, [name of child] born [date of birth] was/were not included in your application for permanent residence. An application for permanent residence must include all eligible family members of the applicant, whether accompanying or not. Please see definition of eligible family member below.

- dependent child, in respect of a parent, means a child who
(a) has one of the following relationships with the parent, namel
(i) is the biological child of the parent, if the child has not been adopted by a person other than the spouse or common-law partner of the parent,
(ii) is the adopted child of the parent; and

(b) is in one of the following situations of dependency, namel
(i) is less than 22 years of age and is not a spouse or common-law partner,
(ii) is 22 years of age or older and has depended substantially on the financial support of the parent since before attaining the age of 22 years and is unable to be financially self-supporting due to a physical or mental condition."

So my question is, are they referring to my 2 children from my previous marriage? My next question is, if they are not accompanying us but still should be included, what documents are being required? As I don't have their documents such as passports or photos.

Please help. We will need to submit again our profile soon so we can be included in the next draw.

It was mandatory that your children are included even if they are non accompanying. How old are they? Your kids need to undergo medicals. You have to submit everything you did for your 5 year old.

 

[raindirector]

It was mandatory that your children are included even if they are non accompanying. How old are they? Your kids need to undergo medicals. You have to submit everything you did for your 5 year old.

They are 17 and 15. However, there is animosity with the previous spouse that I have not seen or don't know where they are/live. I don't have any contact with them at all for the past 13 years. The only documents I have are copies of their birth certificates. Is there a way around it? I have read that I can just write a letter of explanation?

 

[scylla]

They are 17 and 15. However, there is animosity with the previous spouse that I have not seen or don't know where they are/live. I don't have any contact with them at all for the past 13 years. The only documents I have are copies of their birth certificates. Is there a way around it? I have read that I can just write a letter of explanation?

There is a way around this but it was still mandatory to include them in your application, then go through the process of providing IRCC with the evidence that they cannot be included.

So unfortunately your application was correctly refused.

When you reapply, you need to include both of these children as dependents and then provide additional paperwork to show that you have no contact with them and cannot get a medical done. You can include an affidavit stating this. Also court papers if applicable and if sole custody was awarded to your former spouse through the courts.

 

[raindirector]

Thanks for enlightening me. For custody, in our country, if the mother is able, the law automatically give full custody to her if the dependents are 7 and below during the time of divorce/annulment which was same as in our case then. Do I need court papers for that? Or I can just include in the affidavit?

 

[raindirector]

Hi again, if I am able to contact my ex-spouse and they are cooperative, what are the usual documents needed when we fill up the PR application after we get the ITA? I know the most obvious are the scan of passports, Medical, digital photo. Anything else that we should expect to prepare? One just turned 16, the other one is turning 18yo.

 

[raindirector]

They are non-accompanying, btw.

 

[huxing0522]

They are non-accompanying, btw.

And PCC.

 

[Andrew B]

They are non-accompanying, btw.

Hi there,

I have the exact same situation that happened to me. (Applied through wife being principal applicant, CEC, and have two kids under 18 who are living in another country and are not accompanying). I JUST got an email from IRCC refusing my application for the same exact reason. I have two kids who are living with my ex-spouse and they are not accompanying me to Canada. I do not have any kids with my new spouse.

What did you end up doing? Do kids have to go through medical exam?

Please update me about your situation and the steps you took.

Best of luck with your application.

Waiting for your response.

 

[scylla]

Hi there,

I have the exact same situation that happened to me. (Applied through wife being principal applicant, CEC, and have two kids under 18 who are living in another country and are not accompanying). I JUST got an email from IRCC refusing my application for the same exact reason. I have two kids who are living with my ex-spouse and they are not accompanying me to Canada. I do not have any kids with my new spouse.

What did you end up doing? Do kids have to go through medical exam?

Please update me about your situation and the steps you took.

Best of luck with your application.

Waiting for your response.

Yes, they need to take the medical in order for your application to be approved. Otherwise your application is incomplete. If you don't want to go through this process, you have to ask for an exception and explain to IRCC why they can't get the medical done. You must then also agree that you will never be able to sponsor them in the future.

 

[Andrew B]

Yes, they need to take the medical in order for your application to be approved. Otherwise your application is incomplete. If you don't want to go through this process, you have to ask for an exception and explain to IRCC why they can't get the medical done. You must then also agree that you will never be able to sponsor them in the future.

Thank you for the reply. What are the other documents that they need? My two (non-accompanying) kids are 9 and 5. Do they require police certificate as well? Can you tell me what all do i have to submit?
And do you know if its worth it to send these through Webform or just open a new PR application? What are the chances that they will RE-OPEN the refused application again....?

Thank you for your prompt response... this situation has been super frustrating.

 

[scylla]

Thank you for the reply. What are the other documents that they need? My two (non-accompanying) kids are 9 and 5. Do they require police certificate as well? Can you tell me what all do i have to submit?
And do you know if its worth it to send these through Webform or just open a new PR application? What are the chances that they will RE-OPEN the refused application again....?

Thank you for your prompt response... this situation has been super frustrating.

I believe they are too young to need PCCs but confirm this against the checklist. Following the IRCC checklist and application instructions is the best way to ensure a complete application. Since it was your error that resulted in the refusal and your application was incomplete, IRCC probably won't reopen it. But you can certainly send a web form and try.

 

[Andrew B]

I believe they are too young to need PCCs but confirm this against the checklist. Following the IRCC checklist and application instructions is the best way to ensure a complete application. Since it was your error that resulted in the refusal and your application was incomplete, IRCC probably won't reopen it. But you can certainly send a web form and try.

Sure. Thanks for your quick response.

 

[Andrew B]

They are non-accompanying, btw.

Please update me about your situation. Thanks alot