canadianwind

I applied to cic canada for skilled worker several years ago and now unexpectidly i recieved an interview call. the problem is the following

I was married a year ago and i did not inform cic canada. My wife and i are not in good terms and seperated(not legaly). she doest not want to come to canada, and it would be hard to get any documentation from her.

what should i do.

Andrew Miller

Tell the truth or be banned from Canada for misrepresentation.

canadianwind

that is not an issue i will tell the truth, would it effect my application and when should i tell them about my problem. and if some how i convince my wife to come, what documents would they need and would she have to come for interview. by the way we dont have children

Andrew Miller

If you were married before you applied and you didn't include your spouse (either as accompanying or non-accompanying) in your application then you already submitted fraudulent application.

If you got married after you applied then your obligation is to immediately notify visa post about change in marital status and to add your spouse to your case as accompanying or non-accompanying dependant. She must complete and sign her own Schedule 1 and IMM 5406 and submit all required documents too. In either case your spouse must undergo medicals and other admissibility checks.

ExBritExAfrican

This is one issue I can never understand. I am also separated pending divorce and I informed them as such right at the beginning of application. They still wanted her to do medicals eventhough she has absolutely no intention of moving to Canada. We don't even live in the same country (for 4 years). Luckily she was willing to do so and did the medicals for me. I just don't understand the logic of it all. If there was a chance of her moving to Canada, however small, then yes I understand but even if she is willing to sign a document saying she will never immigrate to Canada, it is not acceptable!

Sorry folks I just needed to vent out my frustration on this topic.

Andrew Miller

The logic? Simple, let me explain from the back end - when sponsoring spouse medical inadmissibility due to extensive demand of health and social programs is waived, so such spouse will be admitted to Canada. Too many tried to abuse this by "separating" with their inadmissible spouses and later after immigrating as "single" they "reconciled" and sponsored them. Now they can't. Spouses, accompanying or not, must undergo medicals. Same with common-law partners and dependent children. Need more explanation?

Biiiiink

Is the requirement for dependent children to pass a medical also waived? Or dependent biological children? A few years ago I read of a Canadian who could not sponsor his foreign-born adopted daughter to come to Canada because she had a bilateral cleft which was deemed likely to be an "excessive demand" on healthcare resources.

ExBritExAfrican

Andrew - thanks for the explanation - It did not occur to me that someone would do that. I can just see that if one doesn't have an 'amicable' separation, then one can't immigrate to Canada if she/he refuses to do the medical. That doesn't sound fair to me. To avoid the scenario you described, why not make them sign a paper which demands for a medical should they ever want to immigrate to Canada for whatever reason? That shoud take care of the problem.

Andrew Miller

What is waived is medical inadmissibility based on excessive demand, but not for other reasons like for example having a contagious disease.

Requirement to undergo medicals is never waived - all applicants and their dependants (accompanying or not) must undergo medicals.

ExBritExAfrican

My child (who lives with her mother in Europe and not accompanying me) was required to do the medical. So I guess the requirement is not waived. I accept that to be fair for new immigrants but it is an ethics issue for citizens who adopt children with medical problems. They are being treated differently from others who may have children with similar problems but living in the country.

Andrew Miller

Impossible to enforce and too expensive to fight in courts. This is simple and bears no cost to Canada.

Unfortunately we live in world where anything based on honour systems or even a signature no longer works. People no longer honour what they signed and fight it in courts. In this very forum you'll find posts from people defending their "right" to use any means (including fake divorces) to help them immigrate to Canada.

andy_sheila

[QUOTE=Andrew Miller] Requirement to undergo medicals is never waived - all applicants and their dependants (accompanying or not) must undergo medicals QUOTE]

One of my Sons is not coming to Canada with us and he DOES NOT have to have a medical.
I was informed of this direct from CHC London.
I do however have to sign a notarised letter stating that he will never come to Canada as a sponsored person

PMM

Hi

[QUOTE=andy_sheila] That is correct, but now your son not being examined can never be sponsored by you. If you go through the Federal Court application, http://decisions.fct-cf.gc.ca/fct/ you will find every week or two, an Immigrant who got citizenship and conveniently "forgot" to inform CIC of their spouses and/or children and CIC refused their application to sponsor. The Federal Court is saying to these appellants if you didn't have them examined, so sad,too bad.

PMM

andy_sheila

[QUOTE=PMM]Hi

I agree with everything you say but thats not the issue, Andrew stated that every dependant needs a medical, this is not the case.
I didn't post this to be argumentative but as a comfort to anybody that read Andrew's comments and started panicing over wether they have done the right thing. Andrew is a very good consultant who gives very good, free advice 99.99% of the time, i feel however that on this very rare occaision he is wrong.
I have the utmost respect for Andrew and the brilliant work he does.

Andrew Miller

I'm not wrong. Please read section 6.2 in Overseas Processing chapter of Immigration Manual here:

http://www.cic.gc.ca/manuals-guides/...h/op/op06e.pdf

It clearly states the following:

--------------
The principal applicant and all the persons described above must be determined to be admissible, even if they have no intention of accompanying the principal applicant, in order for visas to be
issued to the principal applicant and any accompanying family members.
--------------

"person described above" includes all dependent children.

The law requires all dependants, accompanying or not to undergo medicals. But some visa posts (the usual "culprit" is as always CHC London) have somehow semi-official and flexible policy allowing for notarized declaration (or sworn declaration) of relinquishing the right to sponsor dependant and have request for medicals waived. But it is an exception from the rule, not the rule - and those who don't apply through London should be aware that other visa posts may not be as "generous" as CHC London is. This sworn declaration was quite normal practice under the old law, but it is not a standard anymore under current law.


[QUOTE=andy_sheila]