Non Accompanying Dependant

Old May 9th 2012, 8:49 am
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Default Non Accompanying Dependant

If a father gives up his legal rights and responsibilites to a child. Can he take that child off of his application? Or is he still required for the child to take a medical even if he gives up rights and responsibilities?
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Old May 9th 2012, 9:00 am
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Default Re: Non Accompanying Dependant

Originally Posted by scottish_maple
If a father gives up his legal rights and responsibilites to a child. Can he take that child off of his application? Or is he still required for the child to take a medical even if he gives up rights and responsibilities?
He can sign a stat dec stating he does not wish to include dependent child but this will mean he will loose the right to ever sponsor the child into Canada. Doing this would mean the son would not be required to have a medical.
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Old May 9th 2012, 9:05 am
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Default Re: Non Accompanying Dependant

Originally Posted by AmyDavid
He can sign a stat dec stating he does not wish to include dependent child but this will mean he will loose the right to ever sponsor the child into Canada. Doing this would mean the son would not be required to have a medical.
Thank you for replying...this is what I thought. Why would you think that an immigration officer would still tell the applicant that even if they give up rights and responsibilities the applicant would still be required to have the child have a medical...this is where I was confused.....
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Old May 9th 2012, 10:10 am
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Default Re: Non Accompanying Dependant

Originally Posted by scottish_maple
Thank you for replying...this is what I thought. Why would you think that an immigration officer would still tell the applicant that even if they give up rights and responsibilities the applicant would still be required to have the child have a medical...this is where I was confused.....
He would need to confirm that the child or the child's mother will not consent to the child having a medical and as such that is why he has signed a stat dec
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Old May 10th 2012, 5:14 am
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Default Re: Non Accompanying Dependant

Originally Posted by AmyDavid
He would need to confirm that the child or the child's mother will not consent to the child having a medical and as such that is why he has signed a stat dec
yes, but if he doesn't have have any rights to the child why would he need to have her on his application? why can't he just remove her and provide the legal papers to say that he has no rights or responsibilities to the child anymore.
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Old May 10th 2012, 5:55 am
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Default Re: Non Accompanying Dependant

Originally Posted by scottish_maple
yes, but if he doesn't have have any rights to the child why would he need to have her on his application? why can't he just remove her and provide the legal papers to say that he has no rights or responsibilities to the child anymore.
What would happen if lets say the child in their teens now elects to live with the other parent and wants to go to Canada? That is why a stat dec is signed at the time of the application. We do come across cases where dependents are not disclosed and then later they try to sponsor them.
Also if the child has a medical condition that may cause an admissibility then the whole family becomes inadmissible therefore CIC need written proof that no child will be accompanying at a later date or the reason why no medical was conducted.
Medical requirements
You and your family members, whether accompanying you or not, must undergo and pass a medical examination in order to come to Canada. To pass the medical examination you or your family members must not have a condition that:

•is a danger to public health or safety
•would cause excessive demand on health or social services in Canada.
Examples of “excessive demand” include ongoing hospitalization or institutional care for a physical or mental illness.
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Old May 10th 2012, 6:23 am
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Default Re: Non Accompanying Dependant

Originally Posted by Former Lancastrian
What would happen if lets say the child in their teens now elects to live with the other parent and wants to go to Canada? That is why a stat dec is signed at the time of the application. We do come across cases where dependents are not disclosed and then later they try to sponsor them.
Also if the child has a medical condition that may cause an admissibility then the whole family becomes inadmissible therefore CIC need written proof that no child will be accompanying at a later date or the reason why no medical was conducted.
Medical requirements
You and your family members, whether accompanying you or not, must undergo and pass a medical examination in order to come to Canada. To pass the medical examination you or your family members must not have a condition that:

•is a danger to public health or safety
•would cause excessive demand on health or social services in Canada.
Examples of “excessive demand” include ongoing hospitalization or institutional care for a physical or mental illness.
I'm confused...under uk law if a father gives up his rights and responsibilities he gives up all legal rights to the child as if he is not their parent...so she would no longer be his dependant....I understand why a declaration has to be provided if he has legal rights to her and the parent refuses but if he has no legal rights to the child, she would not be a dependant therefore not part of the family therefore would not be entitled to be sponsored by him...No? Am I totally missing the point?
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Old May 10th 2012, 8:51 am
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Default Re: Non Accompanying Dependant

5.3. Family members of foreign nationals
Foreign nationals sometimes have family members who will not go to Canada. With very few exceptions, these family members must also undergo examinations. The exceptions are listed in R30(2).

Exception
(2) Subsection (1) does not apply to

(a) a person described in paragraph 186(b) who is entering or is in Canada to carry out official duties, unless they seek to engage or continue in secondary employment in Canada;

(b) a family member of a person described in paragraph 186(b), unless that family member seeks to engage or continue in employment in Canada;

(c) a member of the armed forces of a country that is a designated state for the purposes of the Visiting Forces Act, who is entering or is in Canada to carry out official duties, other than a person who has been designated as a civilian component of those armed forces, unless that member seeks to engage or continue in secondary employment in Canada;

(d) a family member of a protected person, if the family member is not included in the protected person's application to remain in Canada as a permanent resident; and

(e) a non-accompanying family member of a foreign national who has applied for refugee protection outside Canada
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Old May 10th 2012, 11:47 pm
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Default Re: Non Accompanying Dependant

So CIC stance on the matter is even if they are not your child...they still have to undergo a medical...seems a little bizarre to me.
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Old May 11th 2012, 12:02 am
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Default Re: Non Accompanying Dependant

All I can suggest is that you send CIC any court or legal documents regarding your situation and a letter outlining these circumstances and see what they come back with.
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Old May 11th 2012, 5:33 am
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Default Re: Non Accompanying Dependant

Part of the problem is that in the past there have been people who have given the arguement that the child is not coming with them for reasons similar to yours and then years later come back and tried to sponsor them. A

Maybe the mother dies and their is noone else to care for the child.

Once you sign the declaration stating that you understand that by not doing the medical you will not be able to sponsor them ever, then they do not have to worry about you trying to come back later saying the situation has changed.

Even in Canada I have know of cases where a father has given up his rights to a child and then years later fought through the courts to get those rights back.

Just by going to a court to give up your rights and responsibilities for a child does not stop the child from being your child.

If you do send a copy of the documents and a letter outlining your circumstances and stating that you understand that by not doing the medical you give up your right to ever sponsor your child.

Then if you ever change your mind, they have the evidence they need to refuse your request however sad the story may be.
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