Medical Exam for dependent kid who isn't accompany to come Canada

[midorinamu]

Hello,

My husband and I applied for PR under CEC last Nov(AOR received in Jan 10) but our teenager kid(16years old) due to his requesting. I filled in his information and attached his documentation and wrote the reason briefly when I submitted the application. My son won't come here to live but he would visit us though.

I have heard that my kid will also get medical request, even if he dosen't apply for PR because of dependent kid.
My question is what it would happen if he doesn't get a medical exam.
Will our application be rejected if my husband and I only get medical exam except him?

Thanks for you guys time and kindness in advance.

 

[Alberto945]

Who is/are the legal guardian/s?
If you aren't, it should not be a problem, but your teenager will not ever get PR or Citizenship in the future through you.
If you are, he will need to have it done regardless. Not doing so means application rejection.

All family members, accompanying or not, are required to be examined during the
processing of an application unless a properly delegated officer has determined that they
were not required by the Act or the former Act, as applicable, to be examined.
Normally, an inadmissible family member, whether accompanying or not, would render the principal applicant inadmissible [A42,R23]. There are, however, two exceptions described inR23.
The first is the separated spouse of the applicant. The second is a child of the applicant 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 ofLaw).
If an applicant's separated spouse or an applicant's children in the custody of someone else are inadmissible, this would not render the applicant inadmissible. However, as
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 are excluded from the
Family Class in the future pursuant to R117(9)(d) . See OP2 sections 5.10, 5.11 and 5.12
for more information on non -accompanying family members.

 

[midorinamu]

Thanks for replying promptly. I'm his legal guardian, he lives with my parents in my county. However, he doesn't want be a permanent resident and Canada citizen.

 

[Alberto945]

Ok. So he needs to have his examination done. It is not a matter that he wants to be a permanent resident or not, but a requirement by Immigrations authority, which has to be done so you two can get the PR. Otherwise, the rejection of your application is guaranteed. Just let your kid know that it is a bureaucratic step needed so you can get the PR and it doesn't mean that he is getting it too. He will be able to visit you two in the future with a visitor visa.
Good luck.