Yes, Immigration, Refugees and Citizenship Canada (IRCC) legally requires all dependants to undergo an Immigration Medical Exam (IME), even if they are not travelling to Canada with you. If a hostile ex-spouse refuses to allow a child to be examined, you must submit a sworn statutory declaration, acknowledging that you can never sponsor that child in the future.
When applying for Permanent Residency (PR) in Canada, ensuring your paperwork is perfectly aligned is critical. Many applicants living in cities like Toronto, Vancouver, or Calgary mistakenly assume that if a child or spouse is not moving to Canada, they do not need to be involved in the application. Under Canadian immigration law, this is a dangerous misconception that can result in your entire PR application being refused.
Canadian law requires IRCC to assess the health and security of all family members to ensure no one poses a danger to public health or excessive demand on health and social services. 🔍 Navigating custody battles and hostile ex-partners across international borders is highly complex. We strongly suggest utilizing our directory to connect with a Canadian immigration lawyer who can guide you through the legal exemptions and required statutory declarations.
Step-by-Step Guide to Non-Accompanying Dependant Medicals
Whether you are applying through Express Entry, Provincial Nominee Programs, or Family Class sponsorship, the federal rules apply universally. Here is how you must handle the medical requirements for family members staying behind.
Step 1: Declare Everyone on Your Application
You must list your spouse or common-law partner and all dependent children (generally under age 22) on your forms, such as the IMM 5406 Additional Family Information form. You must clearly check the box indicating they are “non-accompanying.” Failing to declare a family member is considered misrepresentation, which carries a 5-year ban from Canada.
Step 2: Generate the Medical Instructions (IMM 1017)
Once your application reaches the medical processing stage, IRCC will issue an IMM 1017 Medical Report form for each declared dependant. The non-accompanying family member must take this form to an approved IRCC Panel Physician in their home country. They cannot use their regular family doctor for this federal assessment. 🖌️
Step 3: Document a Hostile Ex-Spouse Refusal
If you share custody of a child, but your ex-spouse completely refuses to allow the child to attend the medical exam, you are in a difficult situation. You must document your “best efforts” to comply. Keep a record of all emails, text messages, or registered letters sent to your ex-spouse requesting cooperation. The courts expect to see that you genuinely tried to fulfill the IRCC mandate.
Step 4: Draft and Sign a Statutory Declaration
To bypass the medical exam requirement, you must submit a formal Statutory Declaration. This legal document must be sworn before a notary public or commissioner of oaths. It will state that you attempted to have the child examined but were prevented from doing so. Most importantly, it must acknowledge your understanding of Section 117(9)(d) of the Immigration and Refugee Protection Regulations (IRPR).
Step 5: Accept the Lifetime Ban on Future Sponsorship
By using the statutory declaration to waive the medical exam, you trigger the 117(9)(d) rule. This rule legally severs your ability to ever sponsor that non-accompanying family member in the future. If your ex-spouse later agrees to let the child move to Canada, or if the child turns 18 and wishes to join you, you will be permanently barred from sponsoring them as a Family Class member. 🚫
How Much Does the Dependant Medical Process Cost?
Even if they are not coming to Canada, managing the administration of their health clearance involves standard fees. Here are typical CAD estimates as of mid-2026:
| Service / Expense Type | Estimated Cost (CAD) |
|---|---|
| Panel Physician Exam Fee | Generally $150 to $300 CAD per dependant globally. |
| Notary Public (Statutory Declaration) | Typically $40 to $100 CAD depending on your region. |
| Lawyer Fees (Drafting the Declaration) | Usually $300 to $800 CAD to ensure IRCC accepts it. |
| Certified Translation of Custody Papers | Often $50 to $150 CAD per page. |
How Long Does the Process Take?
IRCC typically gives you 30 days from the date of the medical request letter to have your dependants complete the exam. If you are dealing with an uncooperative ex-spouse, you can request an extension via the IRCC Webform, which is often granted for an additional 30 to 60 days. If you submit a statutory declaration, it may add a few weeks of processing time as an officer must manually review and approve the legal waiver.
Frequently Asked Questions (FAQ)
What if my child is over 22 years old?
If your child is 22 or older and does not meet the strict exception for physical or mental dependence, they are no longer considered a dependent child under Canadian law. They do not need to be medically examined for your PR application.
Can IRCC waive the medical for a non-accompanying spouse?
Generally, if you are legally married or in a common-law relationship, the spouse must be examined, even if separated but not yet legally divorced. You would need to show exceptional circumstances (like domestic violence or complete inability to locate them) to have this waived, which requires intensive legal intervention.
Does a non-accompanying dependant need a police certificate?
Yes. Just like the medical exam, any non-accompanying family member who is 18 years of age or older must provide police certificates from any country they have lived in for 6 months or more to prove they are not criminally inadmissible to Canada.
Can I appeal the 117(9)(d) lifetime ban later?
Appealing a 117(9)(d) ban is incredibly difficult. The only potential workaround is applying under Humanitarian and Compassionate (H&C) grounds, arguing that the best interests of the child now dictate they should be allowed into Canada. A law firm is essential for this.
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