Rachel999

Hi - can anyone help please. My British husband left me 9 years ago and has lived in Canada ever since with his Canadian wife. He is now a Canadian citizen too. My British 15 year old son who visits him there twice a year wants to move there and finish his high school education there. I am quite happy for that to happen but I want to be sure that it is done correctly. Does anyone know what the proceedure would be please?
Thank you!

JAJ

Family Class immigration:
http://www.cic.gc.ca/english/immigra...nsor/index.asp

Was the son declared as a non-accompanying dependent when the father migrated to Canada in the first place?

clairemarie70

hi, i am in exactly the same situation, my son now lives in canada with his dad i dont know how his dad got through immigration etc..as he only had a one way ticket..and i was expecting my son to be sent back..his dad has applied for him to live there perminately..and i have written to canadian immigration to say i give my permission for this to happen...not heard anything more...as his dad doesnt tell me anything....hope you get me correspondance from your ex reguarding this.

Rachel999

Thanks JAJ.

It has taken me a while to find the answer to this question -

Was the son declared as a non-accompanying dependent when the father migrated to Canada in the first place?

- and the good news seems to be that yes, their names were put down. So does this mean the process to get my son over there should be easy? And do you think it would be best to do the application once he is over there or better to do it before he goes? Any idea of timescales involved because when he does go over I want him in school - not hanging around waiting for the correct status before he can get free education?

Thanks.

PMM

Hi

Only if they were medically examined, would the process be easier. Children cannot be sponsored in Canada, if he was in Canada, the application would have to be processed via an overseas office. The father will also require proof that he has custody of the child. If the child was not medically examed, it is quite likely that the application will be refused.

JAJ

A consent letter from mother would normally do. In any case once child reaches age 16 there's no such thing as "custody" as far as U.K. is concerned.

PMM

Hi

Back to the same argument, they are minors in Canada until the age of 18.

JAJ

In any case a consent letter from mother should do. No-one is going to issue any kind of custody order over a 16 year old in the United Kingdom.

Canada doesn't seem to be all that forward looking in terms of giving younger people a degree of control over their own lives.

Rachel999

Hi. Thanks for your advice. It does not sound hopeful though. They were not medically examined. Giving Dad custody isn't a problem and could be arranged via courts if necessary. Does anyone know what factors the authorities would consider when trying to make a decision like this? I have managed to find some guidance for family class on the CICA website but don't know where to find legislation, or more detailed guidance for this particular scenario.

The useful documents I have read were OP24eand OP02e, from which I got this.

5.10. Non-accompanying family members

Applicants must declare all family members when applying for a visa and must again declare all family members, whether accompanying or not, prior to obtaining permanent resident status. Permanent residents who did not declare all their family members on their application are reportable under A44(1) [see also “Sponsor who may be subject to an A44(1) report” (section 10.5
below) and “Misrepresentation” (section 5.22 below)]. 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.

5.11. Inadmissibility and non-accompanying family members
All family members, whether accompanying the principal applicant or not, are required to be examined unless an officer decides otherwise. Normally, an inadmissible family member, whether accompanying or not, would render the principal applicant inadmissible. There are, however, two exceptions to this rule described in R23. The first is the separated spouse of the applicant and the second is where a child of the applicant who is in the legal custody of someone other than the applicant or an accompanying family member of the applicant, or where someone other than the applicant or accompanying family member of the applicant is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law. If an applicant’s separated spouse or their children who are in the custody of someone else are inadmissible, their inadmissibility would not render the applicant inadmissible. Because separated spouses can reconcile and custody arrangements for children may change, examination is required in order to safeguard the future right to sponsor them in the family class. If these family
members are not examined, they cannot be sponsored in the family class in the future under

R117(9)(d) unless R117(10) applies.

Satisfactory documentary proof of a separation and of custody being with someone other than the applicant is required. A separation agreement or custody papers are examples of acceptable proof. Officers will not issue a permanent resident visa to separated spouses, common-law partners or
children in the custody of someone else, even if they are examined. This is because separated spouses and partners are not members of the family class as per R117(9)(c) and because children in the custody of someone else are non-accompanying family members.

Does any one Know what R117(10) is?

Rachel999

While flicking between webpages researching this whole thing I came across mention of "compassionate grounds". Now stupidly I can't remember where that was. Does anyone know anything about this area and whether it might relate to this situation?
Thanks.

JAJ

http://laws.justice.gc.ca/en/showdoc...-ga:l_7-gb:l_1


(10) Subject to subsection (11), paragraph (9)(d) does not apply in respect of a foreign national referred to in that paragraph who was not examined because an officer determined that they were not required by the Act or the former Act, as applicable, to be examined.

Application of par. (9)(d)

(11) Paragraph (9)(d) applies in respect of a foreign national referred to in subsection (10) if an officer determines that, at the time of the application referred to in that paragraph,

(a) the sponsor was informed that the foreign national could be examined and the sponsor was able to make the foreign national available for examination but did not do so or the foreign national did not appear for examination; or

(b) the foreign national was the sponsor's spouse, was living separate and apart from the sponsor and was not examined.


Why did they not do medicals at the time?