Road To Canada Forums

Can someone help me?

I am about to start the PR process for myself but I have children from previous marriage who will not be joining me in Canada. According to the medical procedure I must have them undergo medical examination or I will not be able to sponsor them at a later date. I know they won't be coming with me but I still want an option of joining me later date just in case.

Okay here is my question..

They state that I need to bring their passports and photocopies of the biographical date pages.. Since their father will not allow them to leave the country at this point I know I will not be able to apply for their passports. It also says "if no passporft is available, provide an offical identity document bearing a photo and the date of birth of the family memeber".

Can someone tell me how I can get the official ID document bering a photo and the date of birth of the family member? Since I had to leave the house, I do not even have their social security cards and its going to be tough to get them from my ex (and asking for their passport application will be almost impossible at this point I am sure..sigh).

One extra question..I have been pretty healthy with no major illnesses..do I still need to provide previous medical reports, prescriptions or treatments?

Thanks for your help in advance! :)

To include them in your application (which you are required to do), you'll have to get the passports or ID documents. If the only way is by talking to your ex, and that is tough, then unfortunately that's what you're going to have to do. If he refuses to cooperate, it's going to make it difficult for your application, but hopefully if you explain the situation (that CIC requires the info for *your* application, not because you are trying to bring the children to Canada) hopefully he will cooperate.

If you absolutely can't get the info, you'll have to document this to CIC, and potentially exclude your children from being able to be sponsored in future. It's possible, if there is no way at all to get the info CIC needs, but that's not a road you want to go down if you can avoid it.

For the medical I'm not sure what requirement to provide previous medical info or prescriptions you're referring to. You have to get an official immigration medical as described in the guide, done by a CIC designated medical practitioner, but that's it.

I was very nervous but I talked to my ex about my situation and surprisingly he agreed to help me get their passports! I am still shocked and happy that he agreed!! I know one year ago this was impossible but now he finally realizes that I am not trying to run outside of the country with the children (and I would never do that anyway). I explained to him that they are still young and if something were to happen to him and he can't take care of them then I need to do it.

Thanks for your reply!!

I'm glad he saw sense and agreed to cooperate. You're quite right, if nothing else, were anything to happen to him it would be in the children's interests that the option of living with their mother not be ruled out.

If he gives you any trouble before you can get this thing completed, you can back up your promise of never running with the children with this information from Section 5.11 the CIC OP2 Processing Manual:

"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."

In most child custody agreements, it takes BOTH parent's authorization for a child to even travel internationally, must less immigrate. The children cannot cross an international border with you without his written, notarized consent AND, without your written authorization, he cannot travel with them internationally either. International travel has to be something you both agree on, no matter where they go or who with. In addition, you would need his written, notarized consent for the children to immigrate - even if he was in agreement. Unless the immigrating parent has court-ordered sole legal and physical custody of the child and the other parent's parental rights have been terminated by law, the PR applicant needs the other parent's authorization before CIC will even consider allowing the children to come to Canada. That should eliminate any questions he might have about your ability to bring them to Canada against his wishes.

On another point - a non-accompanying dependent child does not need a passport to be included on the application, and shouldn't need a passport to get a medical examination. Neither of my sons had passports when they got their medicals done - but they did have drivers' licenses. You should check with the DMP who would be doing the exam to ask about acceptable identification for minors. I'm not suggesting that you don't get them passports - they will need them now just to get back into the States if they ever travel anywhere internationally - but it still shouldn't be a pre-requisite for the medical exam. Also, your authorization will probably be required for your ex to get the children's passports.