Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

URGENT ADVICE NEEDED - DEPENDENT PR

URGENT ADVICE NEEDED - DEPENDENT PR

Old Nov 30th 2014, 11:25 am
  #1  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Exclamation URGENT ADVICE NEEDED - DEPENDENT PR

My common law partner has a dependent child in the U.K AGE 14.


Facts:

OCTOBER 2012 - PR APPLICATION SENT

JULY 2013 - MEDICALS REQUESTED - EX WIFE REFUSED TO ASSIST WITH DEPENDENT CHILDS MEDICAL.

NOVEMBER 2013- ADDITIONAL INFORMATION SENT BUT NOT ACCEPTED BY CIC AS SUFFICIENT EVIDENCE THAT HAVE WE TRIED OUR HARDEST.

MAY 2014 - COURT PROCEEDINGS FOR COURT ORDER FOR MEDICAL / FIRST COURT CASE ADJORNED UNTIL 2ND HEARING.

SEPTEMBER 2014 - 2ND COURT CASE , CHILD REFUSING ASWELL AS MOTHER. JUDGE RULED NO MEDICAL.

SEPTEMBER 2014- WAIVER SENT TO CIC CHILD REMOVED FROM APPLICATION

NOVEMBER 7TH 2014- MOTHER COMMITS SUICIDE

NOVEMBER 7TH 2014 - EMAIL FROM CIC REQUESTING PASSPORTS TO FINALIZE PR.

NOVEMBER 7TH 2014- EMAIL CIC EXPLAINING SUICIDE ASK FOR MORE TIME FOR MEDICAL

NOVEMBER 17TH - EMAIL FROM CIC REQUESTING PASSPORTS FOR 2ND TIME GIVEN 30 DAYS.

NOVEMBER 24TH- PASSPORTS SENT

SITUATION - Child wants medical and to move here, mother was not allowing child to have medical. threats manipulation you name it she done it, we had an inkling this was the case.

Advice?

do we:

A : SEND HER FOR A MEDICAL WITH THE DOCUMENT WE HAD FOR HER ( even though she has technically been 'waived'. )

B : CONTACT CIC AGAIN AND WAIT FOR A RESPONSE?

I know this is a tough one but hey just putting out there is anyone was any advice it would GREATLY be appreciated.

What a ride.
chrissyb is offline  
Old Nov 30th 2014, 12:11 pm
  #2  
Lost in BE Cyberspace
 
Joined: Nov 2011
Location: Somewhere between Vancouver & St Johns
Posts: 19,885
Former Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond reputeFormer Lancastrian has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

IMHO contact CIC and an Immigration lawyer. Its a tough one for sure.
Legally the child and mother refused a medical. A judge ordered no medical.
Former Lancastrian is offline  
Old Nov 30th 2014, 12:17 pm
  #3  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by Former Lancastrian
IMHO contact CIC and an Immigration lawyer. Its a tough one for sure.
Legally the child and mother refused a medical. A judge ordered no medical.
Thanks Former Lancastrian.

I suppose what we have on our side is time. It was only ruled September and she committed Suicide this month (clearly she didn't have good intentions at the time knowing the medical was security for her child )

Such a shame , this was all so unnecessary .

Last edited by chrissyb; Nov 30th 2014 at 12:19 pm. Reason: wrong date
chrissyb is offline  
Old Nov 30th 2014, 12:20 pm
  #4  
Still alive
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,995
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by chrissyb
Thanks Former Lancastrian.

I suppose what we have on our side is time. It was only ruled September and she committed Suicide this month (clearly she didn't have good intentions at the time knowing the medical was security for her child )

Such a shame , this was all so unnecessary .
So you think she planned in September to commit suicide in November just to spite your partner?
Dorothy is offline  
Old Nov 30th 2014, 12:24 pm
  #5  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by Dorothy
So you think she planned in September to commit suicide in November just to spite your partner?
No comment. Our application has taken this long because of this. My point being the refusal was very recent I need advice going forward.
chrissyb is offline  
Old Nov 30th 2014, 12:27 pm
  #6  
Still alive
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,995
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by chrissyb
No comment. Our application has taken this long because of this. My point being the refusal was very recent I need advice going forward.
Do you honestly believe that a woman planned her suicide months in advance just to **** up her ex partner's plans? Really? Do you have any idea how selfish you sound?


How about living in the UK and support his child there? That way she's not being uprooted at what is probably a very difficult time in her life.
Dorothy is offline  
Old Nov 30th 2014, 12:34 pm
  #7  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by Dorothy
Do you honestly believe that a woman planned her suicide months in advance just to **** up her ex partner's plans? Really? Do you have any idea how selfish you sound?


How about living in the UK and support his child there? That way she's not being uprooted at what is probably a very difficult time in her life.
Repeat. I need advice going forward. You are not in the situation. You have not been involved in the situation , you have no idea about the situation.

We have had the child on the phone desperate to move out due to the situation she has been left in. Something which again you are not aware of. We are doing right by the said child like we have done the entire time they have been apart.

We really don't need this we are in DESPERATE need of help.
chrissyb is offline  
Old Nov 30th 2014, 12:55 pm
  #8  
Assimilated Pauper
 
dbd33's Avatar
 
Joined: Mar 2005
Location: Ontario
Posts: 40,024
dbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Maybe I missed something here. As I understand it:

- man lives in Canada
- daughter lives in UK with Mother
- Mother commits suicide
- Man's common law wife seeks advice from internet

I assume the man in question is now in the UK supporting his daughter. What he should do next is to bring her back with him as a visitor and then sort out the legalities.
dbd33 is offline  
Old Nov 30th 2014, 12:58 pm
  #9  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by dbd33
Maybe I missed something here. As I understand it:

- man lives in Canada
- daughter lives in UK with Mother
- Mother commits suicide
- Man's common law wife seeks advice from internet

I assume the man in question is now in the UK supporting his daughter. What he should do next is to bring her back with him as a visitor and then sort out the legalities.
How long can she stay as a visitor?

The situation we don't want is for her to come, it not all be sorted in time and she has to return.

Last edited by chrissyb; Nov 30th 2014 at 1:00 pm.
chrissyb is offline  
Old Nov 30th 2014, 1:00 pm
  #10  
Assimilated Pauper
 
dbd33's Avatar
 
Joined: Mar 2005
Location: Ontario
Posts: 40,024
dbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by chrissyb
How long can she stay as a visitor?

The situation we don't want is for her to come, it not all be sorted in time and she has to return.
Usually for six months.
dbd33 is offline  
Old Nov 30th 2014, 1:05 pm
  #11  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by dbd33
Usually for six months.
I also presume I am right in the fact she is unable to attend school during this time.
chrissyb is offline  
Old Nov 30th 2014, 1:08 pm
  #12  
Assimilated Pauper
 
dbd33's Avatar
 
Joined: Mar 2005
Location: Ontario
Posts: 40,024
dbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond reputedbd33 has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by chrissyb
I also presume I am right in the fact she is unable to attend school during this time.
That's right, she'd have no status in Canada.
dbd33 is offline  
Old Nov 30th 2014, 1:41 pm
  #13  
Still alive
 
Dorothy's Avatar
 
Joined: Jan 2006
Posts: 28,995
Dorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond reputeDorothy has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by dbd33
Maybe I missed something here. As I understand it:

- man lives in Canada
- daughter lives in UK with Mother
- Mother commits suicide
- Man's common law wife seeks advice from internet

I assume the man in question is now in the UK supporting his daughter. What he should do next is to bring her back with him as a visitor and then sort out the legalities.
However from what I understand of the legalities is that the father doesn't have PR yet and if they send their passports to get their PR applications finalised then the child cannot ever be sponsored for a family class visa.

I'm sure someone will correct me if I'm wrong, but from what I understand once the child doesn't have the medical and is removed from the application they cannot be added back on. From reading the OP's other posts it looks like that's what happened. Child was removed from application, their case has been decided and it's only a matter now of sending passports to CIC.

Is it possible for them to withdraw their application for PR and resubmit it with the child added?
Dorothy is offline  
Old Nov 30th 2014, 1:52 pm
  #14  
Forum Regular
Thread Starter
 
Joined: Nov 2011
Posts: 219
chrissyb is an unknown quantity at this point
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

Originally Posted by Dorothy
However from what I understand of the legalities is that the father doesn't have PR yet and if they send their passports to get their PR applications finalised then the child cannot ever be sponsored for a family class visa.

I'm sure someone will correct me if I'm wrong, but from what I understand once the child doesn't have the medical and is removed from the application they cannot be added back on. From reading the OP's other posts it looks like that's what happened. Child was removed from application, their case has been decided and it's only a matter now of sending passports to CIC.

Is it possible for them to withdraw their application for PR and resubmit it with the child added?
Totally correct. Tough with regards to removing the application , his Employer may have a problem with this as they are the reason we are getting PR through the PNP programme.

I wondered if we could just book her in for a medical with her original Request Document and then fight it out with CIC. However as I'm not aware of how the system works would her UCI be no non existent on the doctors system and they refuse to examine.

I had heard on here before there is a way to appeal.
chrissyb is offline  
Old Nov 30th 2014, 1:55 pm
  #15  
Binned by Muderators
 
Joined: Jul 2007
Location: White Rock BC
Posts: 11,695
JonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond reputeJonboyE has a reputation beyond repute
Default Re: URGENT ADVICE NEEDED - DEPENDENT PR

I think you should book an appointment with an immigration lawyer first thing tomorrow.
JonboyE is offline  

Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.