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Do children not moving with you need to have medicals?

Do children not moving with you need to have medicals?

Old Sep 18th 2009, 2:29 am
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by BristolUK

True enough...but the 'waste' in this scenario is the applicant's in that medical fees are spent needlessly.
The govt. are not fussy who has the waste, them or the taxpayer.
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Old Sep 19th 2009, 3:45 pm
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by BristolUK
I can see that people might do that but the medicals/refusals could then take place couldn't they?

The reason for the rule is that under Family Class, there is a health waiver available if there are medical problems.

Hence, if a child does not migrate at the same time as a skilled worker parent and does not do medicals, child is later on ineligible under Family Class.

As parents cannot always legally force a child to do medicals, this situation has to be accepted, but they then need to sign that they understand they can't do a family class sponsorship later on.

There is always the option of a H&C application to the minister but normally you would need some special circumstances not originally foreseen, eg death or incapacity of child's carer outside Canada.
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Old Sep 19th 2009, 6:29 pm
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by JAJ
The reason for the rule is that under Family Class, there is a health waiver available if there are medical problems.

Hence, if a child does not migrate at the same time as a skilled worker parent and does not do medicals, child is later on ineligible under Family Class.

As parents cannot always legally force a child to do medicals, this situation has to be accepted, but they then need to sign that they understand they can't do a family class sponsorship later on.

There is always the option of a H&C application to the minister but normally you would need some special circumstances not originally foreseen, eg death or incapacity of child's carer outside Canada.
Hi,
I have just gone through all of this with my own children. I am divorced and have 3 children, 14, 16 and 18. The two eldest live with their mother who didnt want to sign the waiver to allow them to come, as they are children within your family, they have to be on your application, you have NO choice, so I was told, they also have to have a medical even if they dont intend to come with you, and get this if they fail the medical or dont attend, your appliation will fail too, yes even if they are not coming with you. There were difficulties with my eldest and I tried to withdraw her from the appliation as she doesnt wish to move anyway and I was given this information straight from the HC! we got through in the end but not without some trepidation!
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Old Sep 19th 2009, 9:25 pm
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by tmb
Hi,
I have just gone through all of this with my own children. I am divorced and have 3 children, 14, 16 and 18. The two eldest live with their mother who didnt want to sign the waiver to allow them to come, as they are children within your family, they have to be on your application, you have NO choice, so I was told, they also have to have a medical even if they dont intend to come with you, and get this if they fail the medical or dont attend, your appliation will fail too, yes even if they are not coming with you. There were difficulties with my eldest and I tried to withdraw her from the appliation as she doesnt wish to move anyway and I was given this information straight from the HC! we got through in the end but not without some trepidation!
Are you saying she wouldn't let/ the children didn't want to do the medicals plus also, she wouldn't sign the waiver saying she knew this precluded the children from applying under the family class catagory in future? It all seems very unfair that your application could potentially fail due to an ex spouse being difficult for whatever reason.

A situation that I myself will probably be in during the coming months. I'm being sponsored by my spouse to be (once we are married). I have 2 children, one aged 18 who is attending University and another aged 15 who still lives at home with my ex. If I were to suggest to my ex, my two kids should have the medical should they ever decide they would like to join me in Canada one day, I can fairly guess the response.

I know CIC have their reasons and they've been explained here, but I still believe the present rules to be harsh and too inflexible.


Although I intend to apply 'Outland', most of my time will be spent inside Canada once married whilst we go through the fun process of myself obtaining PR.

Am I correct in thinking I can use a CIC approved doctor inside Canada when the time comes as their rates appear to be a whole lot cheaper?

As an aside, the cost of the medicals in the UK is enough to give you a serious nosebleed. Many years ago when I emigrated to New Zealand with my parents, All that was required was a basic medical from my own GP of the time. Oh if only it was the same today?

Last edited by castra; Sep 19th 2009 at 9:37 pm. Reason: Gramatical housekeeping + afterthought
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Old Sep 20th 2009, 2:58 am
  #20  
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by tmb
Hi,
I have just gone through all of this with my own children. I am divorced and have 3 children, 14, 16 and 18. The two eldest live with their mother who didnt want to sign the waiver to allow them to come, as they are children within your family, they have to be on your application, you have NO choice, so I was told, they also have to have a medical even if they dont intend to come with you, and get this if they fail the medical or dont attend, your appliation will fail too, yes even if they are not coming with you. There were difficulties with my eldest and I tried to withdraw her from the appliation as she doesnt wish to move anyway and I was given this information straight from the HC! we got through in the end but not without some trepidation!
You were given wrong information, although there are a lot of problems with CIC staff not understanding the law or choosing to ignore it.

Incidentally, mother has no say over an 18 year old, and in Britain, no say over a 16 year old either.
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Old Sep 20th 2009, 9:15 am
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Default Re: Do children not moving with you need to have medicals?

Just read the following in the guide, and remembered seeing your post earlier. I thought it might be relevant.

"My child is in the sole custody of my former spouse. Do I need to
include this child in my application?

You must list this child on your application for permanent residence, but the child does NOT need to be examined if you do not have custody or responsibility for the child through either a written agreement or a
court order. However, if the child is not examined, you cannot sponsor him or her as a member of the family class in the future, regardless of changes to custody or living circumstances. If you want to preserve your
right to sponsor this child in the future, you may wish to have him or her examined as part of your application."
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Old Nov 20th 2009, 12:34 am
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by Moot_Dougal
Just read the following in the guide, and remembered seeing your post earlier. I thought it might be relevant.

"My child is in the sole custody of my former spouse. Do I need to
include this child in my application?

You must list this child on your application for permanent residence, but the child does NOT need to be examined if you do not have custody or responsibility for the child through either a written agreement or a
court order. However, if the child is not examined, you cannot sponsor him or her as a member of the family class in the future, regardless of changes to custody or living circumstances. If you want to preserve your
right to sponsor this child in the future, you may wish to have him or her examined as part of your application."
Sorry for the delayed bounce folks, but this thread is relevant to something that is making my head spin right now. Okay, the whole process is actually!

My situation: Myself and fiance intend to get married in the next few months, I intend to remain in Canada whilst doing an 'outland' application.

I have an 18 year old son who is now at University in the UK. I realise I still have to name him on various forms. As an 18 year old who has now left home and in the eyes of the law, is non dependant as such on myself and my ex. (I think?), is he still required to partake in a medical? I've read the guides & still not clear. Maybe I'm just dim?

I also have a 15 year old daughter who I realise is expected to take the medical. Convincing my ex to let her take it is another issue and no doubt a battle further down the line.

Thanks in advance for any advice & assistance. Trying to comprehend all the information on the different guide's is driving me nuts!
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Old Nov 20th 2009, 9:37 am
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by castra
My situation: Myself and fiance intend to get married in the next few months, I intend to remain in Canada whilst doing an 'outland' application.

I have an 18 year old son who is now at University in the UK. I realise I still have to name him on various forms. As an 18 year old who has now left home and in the eyes of the law, is non dependant as such on myself and my ex. (I think?), is he still required to partake in a medical? I've read the guides & still not clear.
I would have thought it's clear you cannot have any "custody and responsibility" over an 18 year old, whether CIC (and ultimately the Canadian courts) would see it same way is another matter.

Would the 18 year old like to be included?


I also have a 15 year old daughter who I realise is expected to take the medical. Convincing my ex to let her take it is another issue
If you have custody/access rights over the 15 year old, the other spouse cannot veto the child doing a medical (even if spouse could veto the child moving).

If you have no custody/access rights, then send evidence of this, such as a court order.
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Old Nov 20th 2009, 10:50 am
  #24  
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Default Re: Do children not moving with you need to have medicals?

Originally Posted by sparkling_gal
Hi, We are hoping to go out on a student visa but I intend to apply for PR at the same time. I understand that they don't always ask you to have medicals for a student visa but they will for PR.

My stepchildren live with my husband's ex and they won't be coming to live with us. Do they still make them have medicals like they do for Australia? She is likely to make life difficult if they do need to have them.
Hi Sparkling... just wanted to say Hi and good luck. We have had a bit of stress and trauma over step children thing etc. I was getting brain ache trying to get my head around it. My husband has a child from his first marriage.She has never lived with us and never wants too, however, we have paid for her medical and will just go through the motions... it all seems to be sorting itself out! Good luck and you will get plenty of help here. Much better than the 'official sites'

Hope it all works out for you
Lorna
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