Spousal Sponsorship and non-accompanying children

[susanstrazzeri]

Hello,

I am in need of some help as I've been getting mixed information from different sources. I am a Canadian who is in the process of putting together my application to file for my husband that lives overseas. My two main questions are as follows....

1) He has a young child whom he has no access to and the child's mother will most likely not allow the child to undergoe the medical. The child is not accompanying my husband and I've indicated that on the application. My husband also understands that he will most likely not be able to sponsor his son in the future if the mother doesn't agree to the medical. Do I have to include this child on the application and can he be omitted?

2) Is it recommended to submit the medical and criminal check upfront with the application for my spouses portion or wait until CIC request it?

Any help or insight is much appreciated.

 

[Riley Haas]

Hi,
Let's see what I can do:

1) This is a really interesting question that I do not know the answer to. Let me talk to one of our consultants and get back to you.

2) Submit it at the time - much easier.

Riley

 

[Riley Haas]

I have an answer for you for question 1:

Your spouse needs to get this medical exam for his child. He really needs to. The child needs to be included on the application. So:

He can try to convince the mother that this is not about the child and about him immigrating to Canada. He can do this by quoting CIC rules, but he could also do this by hiring an immigration consultant or lawyer and having them contact the mother. They can explain to the mother the problems of not submitting a medical examination.

If for any reason, he cannot get a medical exam for his child, he will not be able to sponsor the child in the future. But that isn't the main problem. The problem is that it is at the officer's discretion to approve or deny the application based on the missing medical exam. So he will need to do everything he can to document why he cannot get the exam completed: custody documents, a sworn declaration, email correspondence (or letters) between him and the mother documenting her refusal, etc.

I hope this helps and sorry for the bad news.

 

[susanstrazzeri]

Hello Riley,

Thank you so much the prompt and detailed response. If for some reason the mother is adamant that she will not allow her child to proceed with the medical, do you think a sworn affidavit notarized by a JP would suffice? The thing is that my spouse lives in Jamaica, a country where family law (custody and court agreements related to children) is a very uncommon things. There is no custody agreement in affect but my husband is listed on the child's birth certificate. The mother recently obtained a work visa to travel to the USA and my husband had no access to the child while she was gone. The child's grandmother (mother's mom) does not allow him access either or any of his family for that matter. I foresee this being a problem and would like to know what your thoughts are related to drafting an affidavit documenting our attempts.

My husband fully understands that he will not be able to sponsor the child in the future if he does not undergo the medical. Your thoughts and comments are welcomed

 

[Riley Haas]

I guess that if the sworn affidavit is all you can do (in lieu of a custody declaration) then that's what he should do. But submit copies of the correspondence too. That can't hurt.

 

[susanstrazzeri]

Hi Riley,

Please elaborate on what a custody declaration is and if that would be beneficial to include as well.

Susan

 

[susanstrazzeri]

One more quick question related to the upfront medical and criminal checks.... I know you indicated that upfront is better and easier therefore I think I will take that route. What I'd like to know is, if CIC screens me (the sponsor) first to determine eligibility, can I submit the application without those 2 things for my husband just to get the ball rolling and have him complete them while they're working on my part? Is there a way to submit info to CIC once the application has been filed? I am only asking because I am eager to get it in this week and I have everything except for those 2 items.

 

[Riley Haas]

To the best of my knowledge, you can only send the police reports later if you are doing inland. But you're doing outland, correct?

 

[susanstrazzeri]

That is correct. I am just going to eliminate all possibilities for refusal and send everything upfront. FYI I was able to get texts messages from my husband clearly documenting the mother's declining access to the child for purposes related to the medical. Can you recommend a firm or does your firm draft affidavits for these types of instances? If so, please advise of the fee. If you wish to send it through a private message, that is fine as well.

Thanks for all the help

 

[Riley Haas]

Hi there,
We will give you a consultation, draft your affidavit and provide a list of various additional documentation you can submit regarding the non-accompanying child with no medical for CAD$350. If you are interested, you can call us at 1-866-760-2623 or email us at [email protected].

Hope that helps.

Riley