Non Accompanying Children

Old Jan 3rd 2013, 10:24 am
  #31  
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Default Re: Non Accompanying Children

Originally Posted by bex1
christmasoompa - we did the notarised letter, CIC weren't interested in it!
So did we.........they just ignored it and insisted my daughter went for the medical.
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Old Jan 3rd 2013, 10:29 am
  #32  
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Default Re: Non Accompanying Children

Originally Posted by chiefmissile
Thanks,

Had a look at the thread, but everyone elses case involves being divorced and having known the children. In my case my daughter dose not have my surname, has never met me and would not want to come and live with me in Canada. If CIC don't see sense here then i will be snookered. What 16 year old is going to go and have a medical miles away from her home, just so that someone she dose not know can go to Canada? Looks like our dream could be scuppered on a ludicrous technicality, now that would be sad!

Andrew
Nothing to lose with trying the notarized letter and a full and detailed explanation , for you , appears for a few this has worked, not sure if this is a more recent thing or not, people experiences here seem very different. Good luck
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Old Jan 3rd 2013, 10:35 am
  #33  
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Default Re: Non Accompanying Children

Originally Posted by nikki dreaming
Nothing to lose with trying the notarized letter and a full and detailed explanation , for you , appears for a few this has worked, not sure if this is a more recent thing or not, people experiences here seem very different. Good luck
Thanks, will wait to see what the response is to the email i sent to London VO, they have been quite helpful in the past. If i get a positive response, i will keep hold of it and use it for reference incase they insist that i need to get a medical for someone i do not know!

Regards

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Old Jan 3rd 2013, 1:43 pm
  #34  
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Default Re: Non Accompanying Children

Originally Posted by chiefmissile
Thanks, just wish i had now not added her on the additional family info part of the application. It just seems strange that CIC see a 16 year old you have never met and was the result of a one night stand as a dependant and that she would possibly want to come to Canada to live with a family she has never met!! Might have to go down the notarized route, need to find those previouse post's.
Reading the following from operational manual OP1 (page 31), it appears that a medical should normally be waived if you can demonstrate that the child is not in your legal custody.
http://www.cic.gc.ca/english/resourc...p/op01-eng.pdf
http://www.cic.gc.ca/english/resourc...s/op/index.asp

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With the following exceptions, R23 and R70(1)(e) require foreign nationals and their family members, whether accompanying or not, to meet the requirements of the Act and Regulations, including admissibility requirements:

• spouses or common-law partners separated from and not living with applicants (the applicant must submit written evidence of the separation); and

• children of an applicant or an applicant's spouse or common-law partner who are in the legal custody or guardianship of a former spouse or common-law partner.


---------
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Old Jan 3rd 2013, 8:29 pm
  #35  
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Default Re: Non Accompanying Children

Originally Posted by JAJ
Reading the following from operational manual OP1 (page 31), it appears that a medical should normally be waived if you can demonstrate that the child is not in your legal custody.
http://www.cic.gc.ca/english/resourc...p/op01-eng.pdf
http://www.cic.gc.ca/english/resourc...s/op/index.asp

------

With the following exceptions, R23 and R70(1)(e) require foreign nationals and their family members, whether accompanying or not, to meet the requirements of the Act and Regulations, including admissibility requirements:

• spouses or common-law partners separated from and not living with applicants (the applicant must submit written evidence of the separation); and

• children of an applicant or an applicant's spouse or common-law partner who are in the legal custody or guardianship of a former spouse or common-law partner.


---------
Sounds clear to me. We want the children to have the option to be sponsored when they are older though so we're gonna have to go through the painful process of getting medicals done at some point.
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Old Jan 3rd 2013, 8:34 pm
  #36  
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Default Re: Non Accompanying Children

Originally Posted by chiefmissile
Thanks, just wish i had now not added her on the additional family info part of the application.
That would be misrepresentation and immigration fraud though - and if found out at a later date, you would lose your PR and be deported.

So not really worth wishing you'd done that!
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Old Jan 3rd 2013, 10:32 pm
  #37  
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Default Re: Non Accompanying Children

Originally Posted by christmasoompa
That would be misrepresentation and immigration fraud though - and if found out at a later date, you would lose your PR and be deported.

So not really worth wishing you'd done that!
Good point
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Old Jan 3rd 2013, 10:49 pm
  #38  
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Default Re: Non Accompanying Children

Originally Posted by alfiee
Sounds clear to me. We want the children to have the option to be sponsored when they are older though so we're gonna have to go through the painful process of getting medicals done at some point.
That's correct. If CIC do waive a medical, then you cannot later on sponsor under Family Class.

However, the option of a sponsorship using the exemption in Section 25 of the Act always remains, although this is at the Minister's discretion and would only apply in quite exceptional circumstances (eg death or incapacity of the other parent, not simply a change of mind).
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Old Jan 3rd 2013, 10:55 pm
  #39  
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Default Re: Non Accompanying Children

Originally Posted by JAJ
That's correct. If CIC do waive a medical, then you cannot later on sponsor under Family Class.

However, the option of a sponsorship using the exemption in Section 25 of the Act always remains, although this is at the Minister's discretion and would only apply in quite exceptional circumstances (eg death or incapacity of the other parent, not simply a change of mind).
Just a thought. Say worse case things do go badly with the mother and we have to write a letter saying we will never sponsor them couldn't they come over to Canada in their own right and do WHV or whatever and got through immigration process like anyone else. By writing the letter that doesn't stop them completely from emigrating if they so wished? All the stress and they'll probably end up not having an adventerous bone in their bodies anyway
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Old Jan 3rd 2013, 11:12 pm
  #40  
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Default Re: Non Accompanying Children

does anyone know if passport numbers are required for non accompanying children? We can provided birth certs but not passports as hte children have never been out of the uk they dont have any???
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Old Jan 3rd 2013, 11:24 pm
  #41  
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Default Re: Non Accompanying Children

Originally Posted by MegRobEarlee
does anyone know if passport numbers are required for non accompanying children? We can provided birth certs but not passports as hte children have never been out of the uk they dont have any???
You cannot provide what you do not have. If they are doing medicals to preserve sponsorship eligibility they may need to get passports. If you are going to apply for waiver, if you do not have custody/access and are happy with Family Class options being closed off, I cannot see how a passport is needed. Many people do not have one and a non-custodial parent doesn't have the right to get them for children.

Last edited by JAJ; Jan 3rd 2013 at 11:27 pm.
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Old Jan 3rd 2013, 11:25 pm
  #42  
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Default Re: Non Accompanying Children

Originally Posted by alfiee
Just a thought. Say worse case things do go badly with the mother and we have to write a letter saying we will never sponsor them couldn't they come over to Canada in their own right and do WHV or whatever and got through immigration process like anyone else. By writing the letter that doesn't stop them completely from emigrating if they so wished?
The only thing that's closed off to them is Family Class sponsorship by you. They can always emigrate some other way if they qualify.
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Old Jan 3rd 2013, 11:41 pm
  #43  
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Default Re: Non Accompanying Children

no we are naming thrm and getting medicals, along with photos. but we dont want to pay over £150 to get passports for them if its not neccessary.
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Old Jan 22nd 2013, 9:06 am
  #44  
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Default Re: Non Accompanying Children

Cic came back to me about passports and they said its ok with just bcerts. So that's that then! Oh and JAJ there is no formal residency order in mumy partners case so he could've applied for passports.
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