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x dont let son go for medical test please help |
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peter 
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Joined: 27 Apr 2010 Status: Offline Points: 6 |
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 Topic: x dont let son go for medical test please helpPosted: 27 Apr 2010 at 9:48am |
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Hello can someone help me out am having inland application which i have declared my son. the visa office as send my ex wife my son medical form since 2007 in which she is refusing to take my son for the medical test now the visa office as send another latter to her that they gave her 20 day to do it but she is still dont ready to comply with the cic instruction,am in canada but i cant go out to do it ,if we didnt get this done my application will not be delt with what can i do can i take my son out of my application for now or what can i do can someone help please |
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Harmonia
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Posted: 27 Apr 2010 at 9:54am |
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Taking your son out of the application would mean that you would never be able to sponsor him into Canada.
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peter
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Posted: 27 Apr 2010 at 10:01am |
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thanks Harmonia how do you think i can go about this
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Harmonia
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Posted: 27 Apr 2010 at 10:26am |
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Peter - I think there's another post buried in this forum that relates to taking someone out of an application (someone wanted to remove their father from the app, as they were worried he would not pass the medical).
Check out the OP manuals on the CIC website for more info... If I have time, I will look around for you.
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Harmonia
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Posted: 27 Apr 2010 at 10:38am |
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OK - here's what I found...
Refer to OP for more info
Specifically sections 5.10, 5.11, and 5.12
It seems that if you are unable to obtain the information (i.e. medical) of your son due to your wife's reluctance - then the I/O should explain that you will not be able to sponsor him in. It will not invalidate your application. BUT - you have to prove that you have done everything possible to get this info:
Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate. My questions: Did you indicate on your application that your son is a NON-ACCOMPANYING family member? Is your wife aware of the implications of her not doign the medical (i.e. you are not trying to take your son, you are just trying provide him with more options in the future).?Just trying to figure out if she's aware of the consequences. I know that ex-spouses can be very difficult to deal with - and often there is nothing you can do, even if you are acting in the best interests of the child.
From what I read (and senior members please correct me if I am misinterpreting) you don't need to withdraw him from the application - but you will need to provide proof and a reason why you are unable to obtain his medical.
Anyone out there care to contribute some more info?
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redeagle
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Joined: 03 Dec 2009 Location: Gibsons, BC Status: Offline Points: 1178 |
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Posted: 27 Apr 2010 at 11:11am |
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There is something in one of the OP guides, I was thinking about it the other day and I cant remember where it is. But there is an exception to the rule. It is based on the fact that an ex may indeed refuse to have a child examined even though the applicant has done everything possible to enable examination.
In this situation, the IO may make a decision to wave the examination. Now I know its in there, but i cant remember where or which of the OP guides. I dont have time to look for it right now either, but there is something to fill your time. |
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"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey. |
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peter
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Posted: 27 Apr 2010 at 11:12am |
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hello Harmonia i do said is NON-ACCOMPANYING family member in my application |
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Harmonia
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Posted: 27 Apr 2010 at 11:56am |
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Peter...
If you are able to have a rational discussion with your ex, I would suggest that you try to bring her around to seeing that what you are trying to do is in the best interests of your son.
Your son only stands to gain by having the option to gain PR status in Canada. I would also try really hard to let her know that just because he's on your application as a non-accompanying family member - this does not mean that he will be issued a visa, and subsequently have to go to Canada. All this means is that, at a later date, should you want to sponsor him in - you will have the option.
Without him on your application, you will likely NEVER be able to sponsor him in to the country.
There could be many reasons you (and your ex) would want to provide your son with the opportunity: perhaps Canada can provide better education, more job opportunities, better standard of living?
Why anyone would want to deny their child an opportunity like this is beyond me. Of course, there is always the bitter spite of ex-spouses -- but you should try to convince her to see beyond the failure of your relationship, and to focus on the opportunities that could be made available for your son.
I wish you the best of luck...
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peter
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Posted: 27 Apr 2010 at 2:25pm |
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hello Harmonia thanks again have try everything but she is not ready to comply we have divorce over 9 years ago going to be 10 years this years i realy dont know what she whant
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peter
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Posted: 28 Apr 2010 at 8:16am |
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hi
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