non accompaning childs medical |
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Lucinda
Junior Member Joined: 22 Apr 2012 Location: Ontario Status: Offline Points: 14 |
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Posted: 21 Aug 2012 at 4:44pm |
Wondering if anyone has heard of the elaborate medical documents we've been requested to acquire. I'm Canadian my husband is Jamaican, we've commenced our application for his immigration in oct 2010. All seems to be going well but now nearly two years later the high commission of Canada in Jamaica is asking for more and more medical documents regarding my husband's 7 yr old son. He is not coming to Canada any time soon and I understand that we have to fill out the forms anyway but he has a seizure disorder and we've been asked to acquire all his medical reports. This is taking months and money, now that we've gotten all these reports from various clinics and doctors we are told by the physician where the original medical was done that the boy has to go for a psychiatric evaluation. Is this possible? can the high commission really request the boy go for mecidal and psychological tests? School is about to start, he doesnt live with my husband, the childs mother is not exactly compliant. Can they really delay this process for more medical information? I'm at the end of my rope here, it seems they ask for a document, we produce it and weeks later they ask for something else, then that takes weeks and months. Sounds like a money making operation going on in Jamaica, and Im sat here in Canada in limbo wondering when I get to live with my husband.
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computergeek
Senior Member Joined: 07 Jan 2012 Location: Vancouver BC Status: Offline Points: 573 |
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It is indeed frustrating because the only area of the law in which they are now playing ("excessive demand") is not even a basis for refusing your application, but they do have the legal authority to collect all this information.
On the other hand, at some point you might wish to consider speaking with an attorney - you will reach the stage at which you may go to court and obtain an order requiring them to complete processing of your application ("Mandamus"). This is an extreme step, but I've seen it used in exactly these types of cases - where they keep asking for more and more information. Have you consulted with an attorney? If not, you might wish to do so - find one familiar with medical inadmissibility cases, because that's exactly how they are treating your case. But you aren't economic class, so that isn't even a care. Perhaps they just want to push to the point your husband cannot get further tests done and must drop the child from the application, in which case he can never be sponsored in the family class in the future and it's clear from what you've described he won't be allowed in via an economic class due to the excessive demand clause - Section 38(1)(c). Or alternatively, you won't be able to comply and they can then reject your application. |
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FSW applied 6/09, denied (med inadmissible) 12/11. JR leave granted 7/12, discontinued 9/12. Spousal app PPR 9/12. Landed 13 October 2012
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Lucinda
Junior Member Joined: 22 Apr 2012 Location: Ontario Status: Offline Points: 14 |
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Thank you for your suggestion, we've made a tiny bit of progress and are waiting one more medical report on my husband's son. We are hoping they won't require more testing, the child has been through enough and now that he's back at school we don't want to disturb his routine. I've had no issues with the application, we had all the forms filled out properly, supporting documents in check, so I didn't feel the need to ask for legal help, I'm going to just put my faith in the process, fingers crossed.
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