Your kind expert input is appreciated

[dr feras]

dear members,
I am in this huge dilemma thats causing my life to be a nightmare. I recieved my invitation 13th of april to apply for FSW EE. My ex wife is british, she went to the uk with our son and then sent me a mail saying she wants divorce. I have always been nothing but loving and supportive, and I till this date send her maintenence money without anyone or any court forcing me, just because i dont want my son to suffer. Yet she continues to black mail me whenever she can.
Now after this introduction, my issue is that she is refusing to do the medical exam for my non accompanying son. She will not do it unless I agree to divorce on her own terms giving up all rights in my son. I am far away from the UK and its difficult/impossible for me to even get a visit visa based on my nationality and UK's immigration laws. I have ran out of options in trying to convince her to do the damn medical. Sent her money for the exam and transport and everything. She lied and didnt take him on first appointment, then didnt go on 2nd appointment. I have evidence in form of texts and e mails. And i have money transfer slips.
What to do now? Sometimes you reach a point where you cant even think anymore. Applying to go Canada was my last chance attempting to get a decent life to secure my sons future. And I will never lie and hide my son from my application. I will always only do whats truthfull and right regardless of the outcome.

 

[DelPiero07]

Get a lawyer and see if there is anything that can be done.

See if there is any possibility to get an exemption from having to get the medicals from your son due to your circumstances.

 

[Wandering Mind]

I'm not an expert on these matters but here's my two bit:

Not including your son in your application only means that in future you won't be able to sponsor him to Canada if you'd like to.
In your application, I think, you should mention your marital status as separated and your son as non-accompanying. Explain your situation to CIC, why you can't get his medical done because your ex is uncooperative etc. I'm sure they'll understand.
Good luck.

 

[dr feras]

Thanks guys. Appreciate your help. I read somewhere that when a parent has no custody over the child and fail to get them to do the medicals after trying then they sign a declaration basically not sponsor them in future. That wouldnt be the best option but if it was the only way then I would have to do it and hope for the best.
I am just not sure how would CIC look at my case. I mean like I said I live in another country, have no access to my son other than talking to him on skype once or twice a month, and our laws here have no effect what so ever in the UK. I don't see how else do they expect me to still get it done.

 

[Wandering Mind]

Thanks guys. Appreciate your help. I read somewhere that when a parent has no custody over the child and fail to get them to do the medicals after trying then they sign a declaration basically not sponsor them in future. That wouldnt be the best option but if it was the only way then I would have to do it and hope for the best.
I am just not sure how would CIC look at my case. I mean like I said I live in another country, have no access to my son other than talking to him on skype once or twice a month, and our laws here have no effect what so ever in the UK. I don't see how else do they expect me to still get it done.

I'm sure CIC has handled several such cases. Your situation isn't unique.

Keep your chin up and start your paperwork. Hopefully you'll land in Canada soon without any hassles.

All the best.

 

[arrayofhope]

Get a lawyer and see if there is anything that can be done.

See if there is any possibility to get an exemption from having to get the medicals from your son due to your circumstances.

I second this. Hire a good immigration lawyer. These issues are fairly common and a good lawyer will know exactly how to handle it. It may a cost a bit, but will surely takeaway all the uncertainty of things!!