During the process of sponsoring a foreign spouse for permanent residency in Canada, you will need to present the necessary documents to make the application successful. In the case of spouses applying with dependent children, however, both the parent and their children must have the necessary criminal and medical checks to successfully emigrate to the country.
Generally, the Citizenship and Immigration Canada (CIC) is clear regarding this rule as they strictly implement the importance of having all family members being “declared and examined” on their application form. This particular guideline entails having to get medical and criminal checks for each child in the applying party even if they are 18 years old and also covers children in the custody of a former spouse.
When this essential rule isn’t followed, the children in question must remain to their home country with their other parent or an authorized representative. Although the guideline on children and accompanying documents is straightforward, there are some cases wherein a sponsored spouse cannot comply.
One situation that has grown more common, in particular, is when the spouse being sponsored has children that are shared with a spouse who is unwilling to maintain contact or allow access to the child. Although the situation may be force majeure in nature, applying spouses are still urged to find any way to help an estranged child undergo a medical exam.
A few do’s and don’ts to consider
If you’re currently facing this situation and need an effective solution, here are a few tips to help you overcome it properly:
Don’t leave your sponsored spouse’s child off the application form: Given the severity of the situation, many applicants tend to rush through the process by leaving their child off the form, but this can jeopardize the application. In doing so, your sponsored spouse may be deemed inadmissible to Canada because it is a clear violation of your obligation to provide accurate and truthful information. This same outcome also applies in faking any medical exam as a last-ditch effort to provide the necessary documents.
Do consider hiring a local lawyer to contact your sponsored spouse’s estranged partner: In most cases, this authoritative alternative can be used to bring up the importance of submitting a child’s medical records. With the help of a competent professional, it will be much easier to help the estranged spouse or partner understand why the child needs to undergo a medical exam.
Do collect any piece of evidence showing their estranged partner’s non-compliance: If you find yourself in a situation wherein no effort is successful in getting the medical exam done, then the best course of action is to gather as much evidence to show why it isn’t possible. Certain documents, such as emails, texts, or letters that document the ex-partner’s refusal, notarized and signed documents of admission to non-compliance, sworn declarations or affidavits, or child custody documents will suffice as evidence showing estranged partner’s non-compliance.
Dealing with a situation wherein you can’t have your sponsored spouse’s children take a mandatory medical exam can prove to be exhausting and difficult. By following the three tips mentioned above, however, you can smoothen out the process and make it much easier to get the necessary documents with a gentle force that has the least amount of conflict possible.
Are you currently dealing with a situation that is making much more difficult to successfully have your sponsored spouse or family member emigrate to Canada?
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