Medical Assessment
Oct 29th 2017, 8:45 pm
#1
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Joined: Jul 2013
Posts: 25
Medical Assessment
My husband is just waiting for the go ahead with work for inter company transfer from UK to Kitchener. As this is going to be on a working visa we are keen to start the process for PR once we are out there through the provincial nomination scheme.
Obviously we understand that we will need to undergo medical assessments for all of us including my step daughter (husbands daughter from previous relationship) who won't be coming with us.
We are hoping it's not the case but her mother isn't always the most cooperative and are worried that she will not help with the medical assessment for their daughter and we will be in Canada so it's not like my husband will be able to take his daughter to the medical etc etc.
Has anybody else experienced this? And how did you go about sorting the situation out? My husbands concern is that we can't get PR once out there if his ex refuses to allow her to have the medical done?
When talking to a migration agent today they did say that in some extreme cases where it's been impossible to get the medical assessment done for a child that isn't applying they can sometime get away with not doing it but obviously it's only extreme cases.
hope this all makes sense
help and advice appreciated!
Obviously we understand that we will need to undergo medical assessments for all of us including my step daughter (husbands daughter from previous relationship) who won't be coming with us.
We are hoping it's not the case but her mother isn't always the most cooperative and are worried that she will not help with the medical assessment for their daughter and we will be in Canada so it's not like my husband will be able to take his daughter to the medical etc etc.
Has anybody else experienced this? And how did you go about sorting the situation out? My husbands concern is that we can't get PR once out there if his ex refuses to allow her to have the medical done?
When talking to a migration agent today they did say that in some extreme cases where it's been impossible to get the medical assessment done for a child that isn't applying they can sometime get away with not doing it but obviously it's only extreme cases.
hope this all makes sense
help and advice appreciated!
Oct 29th 2017, 8:59 pm
#2
Lost in BE Cyberspace
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,847
Re: Medical Assessment
In addition, all family members, whether accompanying or not, must be examined, unless the appropriate officer determines that they are not required by the Act or the former Act to examine the family member [R117(10)]. Family members who were not declared and examined are excluded from the family class and may not be sponsored at a later date as per R117(9)(d) unless R117(10) applies.
Non-accompanying family members must undergo medical examinations. They must also establish that they are not inadmissible for criminal or security reasons. If the requirement for minimum necessary income is applicable, sponsors must demonstrate that they can support all family members, including non-accompanying family members.
Non-accompanying family members need not be in possession of a passport or travel document.
http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf
If these family members are genuinely unavailable or unwilling to be examined, the consequences of not having them examined should be clearly explained to the applicant and reflected in the CAIPS notes. Officers may wish to have applicants sign a statutory declaration indicating they understand the consequences of failing to have the family member examined.
See also section 5.12, Exclusion from membership in the Family Class – R117(9)(d), R117(10) and R117(11) below.
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.
Officers must decide on a case-by-case basis using common sense and good judgment whether to proceed with an application even if all family members have not been examined. Some scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding in this way should be a last resort and only after the officer is convinced that the applicant cannot make the family member available for examination. The applicant themselves cannot choose not to have a family member examined.
Read section 5.12 in full of the link provided.
Non-accompanying family members must undergo medical examinations. They must also establish that they are not inadmissible for criminal or security reasons. If the requirement for minimum necessary income is applicable, sponsors must demonstrate that they can support all family members, including non-accompanying family members.
Non-accompanying family members need not be in possession of a passport or travel document.
http://www.cic.gc.ca/english/resourc...p/op02-eng.pdf
If these family members are genuinely unavailable or unwilling to be examined, the consequences of not having them examined should be clearly explained to the applicant and reflected in the CAIPS notes. Officers may wish to have applicants sign a statutory declaration indicating they understand the consequences of failing to have the family member examined.
See also section 5.12, Exclusion from membership in the Family Class – R117(9)(d), R117(10) and R117(11) below.
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.
Officers must decide on a case-by-case basis using common sense and good judgment whether to proceed with an application even if all family members have not been examined. Some scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding in this way should be a last resort and only after the officer is convinced that the applicant cannot make the family member available for examination. The applicant themselves cannot choose not to have a family member examined.
Read section 5.12 in full of the link provided.
