JAJ

They don't vary. Perhaps not what you want to hear but you need a Canadian immigration lawyer (a good one) - and urgently.

johngrimes

The only reason they have to have the medical is so that if something happens to the mother/father staying in the UK with the child then they can come over. If they choose not to have the medical then they give up the right to be with the family. My 11 year old will be staying with her mother but has done everything we have done. I have been honest with her mother about why as with my daughter.
It would be silly and sad of her to give up the opportunity plus it adds to the stress of everyone else. You can ask for an extension to you meds.

bex1

We have already asked for an extension to the meds, which was the email we sent prior to the response we've just had, this is why they've said they give an extra 90 days (on top of the original 60days) and then make a decision regardless.

We (as is the daughter, mother and step-father) are all perfectly aware of the ruling and completely understand the fact that if anything ever happened to the mother then the daughter could n't come and live with us... she would stay with her step-father who she knows as Dad anyway and the rest of her family. As I've previously posted, there is already no contact between either family unit and never has or will be. My husband and I have a 12 and 7 year old and they have never met this kid and neither have I - we are not "allowed" by her mother. She is 16 next year and can do what she wants technically anyway, but that is too late for application - it will fail before she is 16. It seems that it doesn't matter what proof we provide as to her refusal, CIC are not budging on this one

Does anyone know a GOOD immigration lawyer in Calgary? I need to ask about this Declaration form (R117(9)(d) Apr 05 from the Buffalo office and question why the same isn't available through London.

bex1

Update: We finally managed to get the mother to agree to my OH's daughter undergoing the medical, she cried Human Rights and all kinds of stuff but finally she agreed. So she was done on the 18th Dec and we did ours 4th Jan.... so now we wait!

It only cost my OH a Blackberry PDA (£300+), signing a legal form giving the new husband Parental Responsibility and signing another form for her to legally change her name by deedpoll to the stepfathers name Oh and of course the cost of the medical!

Anyone else submitted Medicals to London recently for PR, any idea of how long they are taking to process? They've been quite quick at every other step.

Robin (The Gadget family)

......that's great, at least you found a way to get it done so that you can continue with your plans, well done!

Coffeepot

What a B--ch at least you have had it done now
Hopefully they will send passport requests soon

Madwife

Yay

Well done, I hope it all goes smoothly now for you all. You have had more than your fair share of glitches.

Sarah x

BC-Roo

Well done good to hear that you got it sorted in the end. Talk about being over a barrel though, I fully expect the same when we (eventually) get to that point.

BC-Roo

DandNHill

Are you leaving children in the UK or trying to get permission to take them?

Miss Clinique

We have a similar issure. My husbands daughter is 20, lives with her boyfriend and wont have medicals ect.

Sydney contacted our immigration lawyer and said we would have to send an affidavit saying that she is not a minor under UK law and we cant make her part of the process if she doesnt want to be, and if in the future she wanted to come to Canada we couldnt apply under family class.

That was a month ago and we are still waiting.

Hope its not going to be a problem, not sure what else we can do

Has anyone been through this with a child of this age? What was the out come?

sparkling_gal

Congratulations - I'm glad you finally managed to persuade her.

I am worried that my non-accompanying step-children will refuse to attend their medical too, or their mother will persuade them not to attend. But I noticed that in the letter you copied and pasted, it said dependents of the principle applicant.

In our case, I will be the principle applicant. OH is going to apply for a student visa, then I am going to apply for PR after we arrive in Canada. If it is me who is applying for PR, do I have to include his non-accompanying kids on the application?

Siouxie

If she is living with her boyfriend has she lived with him for a year (common law)? If she has then you can notify CIC of this fact as it should make her inadmissable as a dependant.

"... Dependent children
A son or daughter is dependent when the child:

is under the age of 22 and does not have a spouse or common-law partner.

Just a thought

Miss Clinique

Thanks for your reply. They have been together for about 10 months. We are waiting to see if Sydney accept the affidavit to say we wont try to bring her in on family class at a later date, it has been with them for about 7 weeks now so hopefully we will hear soon.

bex1

I hope that the affidavit works for you. If she is 20 and living with her boyfriend is she not in full time education? I thought it only applied if she were still in education and under 22? Or am I wrong?

Good luck with your process!

Siouxie

No, any "child" under the age of 22 (unless they are married or living in a common law situation) is classified as a dependant for immigration purposes.

If they are over 22 and in full time education then they are also classified as a dependant, provided they are not married or common law.

Children are "locked in" at the age the application is accepted regardless of the age they are when PR is granted - as long as they are still single in the case of someone who was under 22 at the time of application, or still in full time education and single in the case of an over 22 year old.

Hope that clarifies it for you

OP2 - 5.4 and OP1 - 5.24