Non Accompanying Dependants

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visaplace.com            
Subject: Non Accompanying Dependants
  I am a Canadian citizen married to a US Citizen and will be sponsoring him in the family class.

I need help will the "Non Accompanying Dependents" interpretation. I have read so many different opinions but still looking for more. Husband´s children are 16 & 20 and in custody of their mother. Should issues arise with that situation they have both made it clear they would not want to move to Canada .. they have a large extended family in the US and would opt to stay there. I have read several sites that speak of a "Statutory Declaration" indicating that my husband realizes the consequences of not including the children on the application as non-accompanying dependants but just as additional family members. Also I have noticed that on the Skilled Worker Application out of Buffalo there is actually a section (Appendix A #10)that allows you to waive your rights by way of Form 117(9)(d)Exclusion from Membership in the Family Class

I would greatly appreciate hearing from anyone who has travelled this road or can shed some light on the "grey areas"

Thanks:)

[12-10-2009,12:27]
[**.159.74.141]
Jille
(in reply to: Non Accompanying Dependants)
What exactly do you ask?
Will it be a good idea to exclude them? I have clients in a similar situation and I advised them to have the kids undergo the medicals. Why eliminate options?
What happens if the 16 year old child wishes to come to Canada, go to university here and be close to his/her dad when he/she are 19?
Unless the mother with the custody does not allow the kids to be a part of the process, retain the right to sponsor in the future.

Amir
www.greatnorthimmigration.com

[12-10-2009,13:12]
[***.32.27.28]
Amir
Non Accompanying Dependants (in reply to: Non Accompanying Dependants)
Thanks for your input Amir .. I´m asking for the alternatives .. seems rather a hassle to have both kids go through medicals .. the 20 year old also having to go through criminal background checks. Also neither holds a US passport so yet another hurdle to cross. We have not decided as of yet on our course of action just exploring the what ifs .. I want to know if we provide a "statutory declaration" indictating that we understand the consequences of not having them examined will that decision have negative consequences with regards to our application. If we list them as non accompanying dependants .. provide no medicals.. no criminal checks for the oldest .. no pictures .. no passport information .. will this be detrimental .. I´ve read in other forums where people don´t non accompanying dependants on the Principal Application but rather list them only on the addtional family member form.
[12-10-2009,14:48]
[**.159.74.141]
Jille
(in reply to: Non Accompanying Dependants)
Jille

Focus, Amir´s starts answering you by asking a question! He should know the following.

All dependents have to be medically admissible even if they are non-accompanying. Your kids have to have a medical done.
What your talking about is just a couple of hundred dollars for medicals. If they have no passport they have no passport, so N/A.

Sometimes a parent will (not allow) your own child to do a medical.

If that happens and only if that happens after consultation with the other parent should you even consider eliminating their future options.

The only way around that is to exclude them by signing a stat dec stating your aware they will never receive any points because they were not examined when you applied.

Now lets say one of your kids wish to immigrate later in life and would need those five points they would never get the points. Plus you will not be allowed to sponsor them in the future. So if relationships fall apart and your kid needs Daddy excluding them could be a serious mistake.

Not mentioning them is a lie aka misrepresentation which could exclude you.

If you list them on any form your application will be returned as incomplete because they have had no medicals.

Regulation 117 (9) (d) is not a form.

http://laws.justice.gc.ca/en/showdoc/cr/SOR-2002-227/bo-ga:l_5::bo-ga:l_6/20091006?page=4

117.
(9) A foreign national shall not be considered a member of the family class by virtue of their relationship to a sponsor if,
(d) subject to subsection (10), the sponsor previously made an application for permanent residence and became a permanent resident and, at the time of that application, the foreign national was a non-accompanying family member of the sponsor and was not examined.

****
One moderator on another forum listed her son as a full time student and he was not! Son had been convicted of an offense so since he was a dependent as per the application she was excluded. Her son was only a part time student so her son was not a dependent!

You need to research this more before making any decision.

Hope this explains everything a little clearer.

Wishing you all the best.

Roy
www.cvimmigration.com

[12-10-2009,17:46]
[**.55.216.234]
Roy
(in reply to: Non Accompanying Dependants)
Thank you also Roy .. this whole process seems pretty overwhelming at times. Like I said we´re just weighing our options at this point. I gather from your advice then that if we proceed, including the kids, that medicals, background check for the 20 year old and photos are required however passports are not necessary?

Also, my reference to 117 (9)(d) ... not a form persay however it is a release of sorts attached to the "Skilled Worker" application Buffalo .. Item 10 on the checklist directs you to the release at the bottom of the page which is to be signed and witnessed if you defer your rights to include your dependent children or other relevant family members on your application. I just found it odd that this application gives you the option.

Again .. we are just in the beginning stages .. attempting to make a plan to move forward

Thanks again :) Happy Thanksgiving!!

[12-10-2009,19:43]
[**.55.8.89]
Jille
about 117(9)d (in reply to: Non Accompanying Dependants)
Is this 117(9)d suffering cients can solve or can these excluded family member rejoin?

[07-02-2010,11:06]
[***.199.149.195]
bn bhattarai
(in reply to: Non Accompanying Dependants)
May be an Humanitarian and Compassionate application is the alternate to overcome 117(9)(d) inadmissibility issue but the grounds for H&C must have very compelling reasons before it is granted.

bashali2009@live.com

[08-02-2010,00:53]
[**.237.178.212]
Bash
(in reply to: Non Accompanying Dependants)
very well said mr bash.
[09-02-2010,09:16]
[***.54.17.4]
zippe
guardianship (in reply to: Non Accompanying Dependants)
what if the guardianship lies with maternal grand parents with consent of mother who do not want dependent to go through medicals but coming along with principal applicant with other dependent.
[13-01-2011,03:07]
[***.209.101.156]
irfan
NON-ACCOMPANYING FAMILY MEMBERS DECLARATION (in reply to: Non Accompanying Dependants)
We have a 21 yr old daughter who is in active military and will be for 5+ yrs... so what should we do in this case
[01-04-2011,18:05]
[***.216.7.5]
Patti S
non accompanying dependent (in reply to: Non Accompanying Dependants)
Hello,
Im just wondering if this is a valid reason? The question is. Why dependent is non-accompanying. And i answered. we willl sponsor the child (my husband ´s son)once we are both financially ready.
My spouse sponsorship is still in process.
Im looking forward to your response
Thank u and have a good day
Rachiel

[05-06-2013,00:04]
[***.60.166.177]
rachiel