fed up and urgent

[pampam]

Good day everyone.

I am new to this forum and I need help with something. I have a child from a previous relationship who stays with the father. WHen I had the baby I left him with my ex because I was in school and could not attend to his needs. Its been 6 years since I have seen the child because he never allows me to. Now, my husband wants to sponsor me and he is refusing at all to bring the child for his medicals, neither will he give me his birth certificate, pictures or anything to do with this application. He thinks I want to runaway with him. I have been tried but he wont comply on whatever level, so now I have waited too long and have decided not to put him on my application. I dont want to cause any complications so I am going to exclude and not mention him in my application. Its either that or I dont get to move on with my life. In the event that i put him and they still request his birth certificate or something, its now obvious to me that I will not be able to get it from him nomatter what. I understand the consequences so please do not reinforce them to me, i have made a decision because I have waited for a year and a half now I cant wait nomore. I love my child, but i have to resepect his fathers wishes as well of not wanting to include him in any way. So if i exclude him totally from my application will immigration find out when they are doing their background checks or they wont. Im just curious...

 

[Perfect]

I had almost a similar problem and I just included and sent nothing of the child but a letter stating my situation. I am expecting a few hiccups along the way because of that...ive seen on other forums that some people have been denied because their children were not examined. So its kinda tricky. Im not sure if they catch you but im assuming they wont go looking for a child you did not include although when you want to sponsor the child they will totally deny you under section 117 or somethin like that. Im sure many people have gotten away without mentioning their marital status or children but eventually their decisions come back and haunt them. So think twice...

 

[angelbrat]

Not totally sure about this, as I have no real experience but from reading on forums etc I think you will have to include the child on your application as a dependent.

What I would do, is try and get a legal document showing that your ex husband has full custody of the child, also he can write something to the effect that he will not allow the child medicals etc. You also can stress in your application that you will no way be EVER sponsoring the child in the future. Maybe even get a notarized document stating this fact.

I believe, for your application to be successful, you will have to do and prove to CIC everything and anything, that makes it quite clear to them that you have no legal rights to the child and will not be sponsoring.

I am sure more experienced members will probably have better information for you.

 

[RobsLuv]

If you do not include mention of the child in your application, you can be found to have misrepresented yourself in your application for PR and your application can be refused or, approval (if it happens) can be revoked.

This is a difficult spot to be in. You should, as Perfect advised, include with the application proof that your ex has full custody of the child and that you have no rights for visitation, etc. If you have any legal responsibility for the child - whether that responsibility is currently being enforced or not (in other words, if something happens to the child's father, they will come to you looking for a guardian) CIC is not going to be willing to allow you to just exclude the child from the application. They will try to compel the other parent to have the child examined. The reason for this is because it's in the best interest of the child to be placed with a blood relative if something happens to the custodial parent. If you exclude the child from your application, he will be forever banned from coming to Canada.

It sounds as though you have some level of communication with the father. Maybe you can explain to him that the requirement is not about you bringing the child to Canada now - just preserving your ability to do so if something happens in the future and he needs to come to Canada. CIC is very clear, in fact, about the fact that they will NOT issue a permanent resident visa to a child who is in the custody of the other parent - in other words, even if you were trying to bring this child to Canada, you would be prevented from doing so. The child cannot even cross the border into Canada without his custodial parent's written and notarized authorization. So there is no reason whatsoever for his father to be worried that your adding him to your application means you'll be able to "run away" with him.

Read through the information in the OP2 Processing Guide, beginning with Section 5.9 and ending with 5.12. I would suggest you send the information, and the link (http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf), to your ex and encourage him to allow this, in the best interest of the child. Usually offering to at least pay for the examination helps. Keep copies of all your correspondence with your ex - proof of your efforts to get him to comply, and any refusals on his part. If you cannot get him to cooperate, include those proofs with the application, along with a letter detailing the situation. I do know of one person recently whose PR was refused because their ex would not allow the child to be examined. I asked for clarification regarding which paragraph of the Act was used to support the refusal, but never heard back. Bottom line, CIC is very clear that all custody issues must be resolved BEFORE you submit a PR application.

Applicable info from OP2:

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.
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. . . . . . 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 . . . 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. If these family members are genuinely unavailable or unwilling to be examined, the consequences of not having them examined should be clearly explained to the applicant and reflected in the CAIPS notes. Officers may wish to have applicants sign a statutory declaration indicating they understand the consequences of failing to have the family member examined.

5.12. Exclusion from membership in the family class – R117(9)(d), R117(10) and R117(11) (former OM OP 03-19)
Under both the previous legislation and under IRPA, both the applicant and the applicant's family members, whether accompanying or not, must meet the requirements of the legislation. There are no exceptions to the requirement that all family members must be declared. With few exceptions, this also means that all family members must be examined as part of the process for achieving permanent residence. Officers should be open to the possibility that a client may not be able to make a family member available for examination. If an applicant has done everything in their power to have their family member examined but has failed to do so, and the officer is satisfied that they are aware of the consequences of this (i.e., no future sponsorship possible), then a refusal of their application for non-compliance would not be appropriate. Officers must decide on a case-by-case basis using common sense and good judgment (my note: this becomes the problem!) whether to proceed with an application even if all family members have not been examined. Some scenarios where this may likely occur include where an ex-spouse refuses to allow a child to be examined or an overage dependant refuses to be examined. Proceeding in this way should be a last resort and only after the officer is convinced that the applicant cannot make the family member available for examination. The applicant themselves cannot choose not to have a family member examined.

 

[iarblue]

Im not sure how far you want to go with this but, a family court judge will make him do what ever is in the best interest of the child.He will have to comply if you can prove to the judge this is not for you but for the child if anything was ever to happen to the father.And show the judge the supporting docs like Robslove says about the not being able to take the child from their country without the fathers consent.
If your not wanting to go this far then takes Robsloves advice.

 

[can_usa_97]

I would think you would be able to obtain his birth certificate as his birth mother.
I simply walked into the Register of Deeds with my ID and checkbook and a form I filled out - and walked away with 4 copies.

For myself, I had to send it thru the mail, but all they required was a photocopy of my Drivers license.

At least you could fullfill that portion - to show some sort of good faith attempt.