SPOUSE REFUSE TO DO MEDICALS

[Olsen]

Hello Everyone:

I reside in Canada and recently received letter from the visa office to do medicals with my dependents. My spouse who has since moved to another country refused to do her medicals. I did mine and sent a letter to the visa office informing them about this situation and stating as the principal applicant that I would like to complete the process. But I rceived another letter informing that my spouse has to do it even if she is not accompanying me to Canada.

This is a bit strange as one cannot force another person against their will. Please I would like to hear from those of you who have had or know about similar cases.

Thanks in advance for your help.

Olsen

 

[NewYorker]

Just drop her out of the application and tell them I am separated, remember, you will never be able to apply for the spouse again which I think you will not.

Good Luck!

 

[joogle]

Have her write you a letter stating she refuses. You may have a choice of choosing between her and Canada.

 

[Biblo]

Someone on this forum posted that "People who have head have no hat and there are people who have hat but have no head"
90% of applicants on this forum are dying to get their Medical request and your wife refused to do so.

I think joogle is right, you need to choose between either / or.

 

[Olsen]

Re: SPOUSE REFUSE TO DO MEDICALS_Advice needed!

Spoke to her again and she insisted she wont do it. I went to the local CIC office today and was told that I could not take her out of the application even though I am the Principal Applicant. First, I am not legally divorced and even if I was ...my daughter who is with her must do it. My spouse has said that will not happen (i.e., let my daughter do the medicals alone).

That I am stuck...Please I would like to hear from someone who has gone through this same situation or knows of similar case. I am really worried...it's like a dead end!

 

[chandan]

Why can't you resolve any issue(s) that is/are inbetween you two at least for you to get what you want,
once you all get your pr visas, she can decide not to travel with you. I don't think you will get this woman's to
sign any paper that she is not wanting to follow you to canada. Just send people to her to beg her whatever you
might have done to offend her. You are the man, act like the man, am sure if you go talk to her she will agree. All the best.

 

[Olsen]

Re: SPOUSE REFUSE TO DO MEDICALS-MORE SUGGESTIONS/ADVICE

Dear all:

Need more advice...have pleaded and done everything humanly possible nothing seems to be working!

 

[Olsen]

SPOUSE REFUSE TO DO MEDICALS-EXPERT ADVICE NEEDED!!!

I need an expert advice.......

 

[MarkCan]

Olsen:

I personally know of a case where the guy got his medicals done but his wife refused outrightly since she was a citizen of another country and did not want to leave. The result was that the guy asked CIC for some time to convince the spouse. However, after trying for a month, he separated and divorced his spouse. Maybe it was a sad ending to this whole affair, but that is how he got his PR. Thankfully, no kids were involved. This is an extreme case, but the issue was the same as yours.

 

[juanda78]

Re: SPOUSE REFUSE TO DO MEDICALS-EXPERT ADVICE NEEDED!!!

I need an expert advice.......

I think you need a divorce, not advice... Good luck!

 

[jes_ON]

Would going there in person and accompanying your daughter to the medical exam make a difference?

You need legal advice. In Canada AND in the country where your wife & daughter are residing. Whether or not you get divorced, you need to establish custody of your daughter. So sorry, you were so close...

I don't know what visa office you are dealing with, but the Buffalo visa-specific instructions include a form "Med\clarification R 117(9)(d) Apr 05", titled "Clarification of Regulation 117(9)(d) - Exclusion from Membership in the Family Class"

http://www.cic.gc.ca/english/pdf/kits/guides/E37048.pdf

It is for excluding a family member from your application who does not do the medicals. I don't know if it matters whether the Declaration is submitted at the time of the application or can be done at a later stage. But it may be worth asking again if you can submit this form at this time.

Of course, that does not help you with your daughter, so back to - seek legal advice.

 

[Raman_Ram]

I understand the pain that you are going through. Being held an hostage to stop you from moving forward is not a pleasant experience as well. You said that you have tried every other means. And she is not ready to think otherwise. And I don't think that you personally have the strength to ask for a divorce to move on. In your opinion, that will definitely play into her hands. Am I right?
There is another way to solve this without going through all this mess. What i am going to suggest would sound unconventional and totally against the present high tide of favor.
Call the immigration office and tell them that you want to cancel your application. It would be far far better than they sending you a rejection letter.
Now go ahead and apply afresh. In the application, use the exclusion of family member forms for both your wife and daughter. Write them a letter stating that both of you are living separately. In another six months you will have your PR visa without all these hassles. Now if times changes and so will people, things can become better for both of you. Then all you need to do is apply for a Family class visa for them and in another 6 - 12 months she and your daughter will be here.
Reasons why you should do this?
1. Times change and so people. So pushing her to the point of divorce would not be advisable. She WILL use this argument of either/or to vilify you in front of your daughter for the rest of your life.
2. If you have done it once, like coming to the point of medical tests, we are pretty sure that you can pull this off again. You have points and reside in Canada already.
3. This new application will be unknown to your wife and you can tell her this once you get it and when things start looking good.

Just don't look for divorce. It is amply clear that your wife wants to push you to the wall so that she can use your decision to convince herself for a divorce and play all your family against you for time to come. Going for it will put your life in her hands literally after you people become separated - remember your daughter?

Just convince yourself that you never applied for one before and start afresh.

Expressed above are all my opinions and suggestions. I am in no way interested in picking up an argument over this with any one. So in case I ended up saying something that did hurt someone, I apologize in advance. Please accept it friends.

 

[harryk]

Dear Olsen,
I am intrigued by your case. I have also read the various views put forth by the members of this forum. I appreciate the efforts of all of them especially raman. I have a friend who somewhat is facing the same kind of predicament. On asking for legal help, I realized some startling facts:
1. If you apply afresh for Canadian PR and you are still legally married and dont want that your wife should accompany you, EVEN THEN, she shall have to take her medicals. MOREOVER, she will have to give you a NO OBJECTION CERTIFICATE mentioning that she has no objection of you going to Canada without her. In this NOC, she will also have to say that if she intends to join her husband in Canada in the nearby future, then she shall abide by whatever immigration laws that shall be implemented at that moment of time.
2. If you feel that your relationship with your wife has reached the 'nadir' and is beyond repair, then I foresee that your wife will not agree to give you the necessary NOC and again, shall create a fuss of not undergoing the medicals.
3. The only plausible solution to all this that comes to my mind is if you pursue a 6 months legal separation followed by a divorce. Once you are legally separated from your wife and have the necessary legal documents to prove this, then you can apply afresh. And when it comes to the stage of sending your complete application and having your medicals done, then you need not worry about the fact that your wife will be blackmailing you as she no longer will be a part of the immigration exercise.

I know how hard all this sounds. And I can only hope and pray that your relationship with your wife is mended. However, this is the only advise that I have for you. May God bless you with the wisdom of taking the right choices and making the right decisions.

All the best.

With regards,

Harryk.