To remove a dependent child from a PR application, you must formally notify IRCC via Webform and re-classify them as non-accompanying. While there is no government fee to update your file, hiring a lawyer to navigate the dangerous “excluded family member” trap usually costs $500 to $1,500 CAD.
When applying for a Canadian family sponsorship, life does not always go according to plan. You might initially include your spouse’s teenage child on the application, fully intending for them to move to Canada. However, circumstances change. The child might decide they want to stay in their home country to finish university, or a messy divorce might result in a foreign family court blocking the child from leaving. 🚨 When this happens, simply ignoring IRCC’s requests for the child’s medical exams or police certificates will cause the entire family’s Permanent Residence (PR) application to stall and eventually be refused.
To save the primary applicant’s file, you must formally withdraw the dependent child from moving to Canada. However, Canadian immigration law contains a massive legal trap known as Section 117(9)(d) of the Immigration and Refugee Protection Regulations. If you completely remove the child from the application to avoid doing their medical exam, you will never be allowed to sponsor them in the future. Because of this severe penalty, most applicants retain an immigration lawyer to properly change the child’s status from “accompanying” to “non-accompanying.”
Step-by-Step Process to Update IRCC
Whether you are managing your application from Ottawa, Edmonton, or Montreal, you must communicate with federal IRCC officers processing your file. Here is how to safely update your dependent’s status.
Step 1: Understanding “Non-Accompanying” Status
You cannot simply erase a child from your family history. 📑 If the child is not coming to Canada, you must update their status on the IMM 0008 form to “Non-Accompanying.” Crucially, even if they are not coming to Canada, IRCC still legally requires non-accompanying dependents to undergo an Immigration Medical Exam (IME). If the other parent refuses to allow the child to take the medical exam, you need a lawyer to draft a statutory declaration explaining the impossibility.
Step 2: Drafting the Letter of Explanation
You must write a formal Letter of Explanation (LOE) to the visa officer. This letter must clearly state the principal applicant’s name, application number, and UCI. You must explain exactly why the child is no longer accompanying you to Canada. If you are unable to get the child medically examined due to a hostile ex-partner, you must include evidence, such as emails or court orders, proving you tried.
Step 3: Submitting via the IRCC Webform
Once your letter and updated forms are ready, you will submit them through the official IRCC Webform. 💻 This is the standard method for updating an application that is already in processing. You will upload your LOE and any supporting evidence as a single PDF document. Make sure to keep a screenshot of the confirmation page.
Step 4: Waiting for IRCC Acknowledgment
IRCC officers will review your Webform submission. If they accept your explanation and statutory declarations regarding the missing medicals, they will officially detach the child from the active PR issuance list, allowing the primary applicant’s PR processing to resume.
How Much Does it Cost in Canada?
There is no direct government fee to submit an update or a Webform to IRCC. 💵 The costs are entirely related to professional legal assistance and potential lost fees.
- IRCC Webform Fee: $0 CAD.
- Lost Government Fees: If IRCC has already started processing the child, the $150 CAD dependent fee is generally non-refundable.
- Law Firm Retainer: A lawyer typically charges $500 to $1,500 CAD to draft the complex legal arguments required to bypass a non-accompanying child’s medical exam.
| Service Required | Estimated Cost (CAD) | Necessity |
|---|---|---|
| IRCC File Update | $0 | Mandatory |
| Legal Letter of Explanation | $500 – $1,500 | Highly Recommended |
| Notarized Statutory Declaration | $50 – $150 | If medicals cannot be done |
How Long Does the Process Take?
After you submit your Webform, IRCC is currently taking about 30 to 60 days to read and attach the update to your file. Do not panic if you do not receive an immediate response. Once processed, the main applicant’s background checks and final PR approval will continue without the dependent.
Frequently Asked Questions (FAQ)
What is the Excluded Family Member rule?
Section 117(9)(d) of the immigration regulations states that if a family member is not declared and medically examined when you become a Permanent Resident, you are legally banned from ever sponsoring them to Canada in the future.
What if my ex-spouse refuses to let the child do a medical exam?
This is common. You must provide IRCC with proof that you made every reasonable effort to get the child examined (e.g., registered mail, lawyer letters). You must sign a declaration understanding that by skipping the medical, you can never sponsor that child.
Will removing my child cancel my spouse’s PR application?
No. Changing a dependent from accompanying to non-accompanying will not cancel the main applicant’s file. In fact, if the child cannot meet the requirements, removing them is the only way to save the spouse’s application.
Can I get a refund for the child’s processing fee?
If you withdraw the child before IRCC begins processing the file, you may be eligible for a $150 CAD refund. If processing has already started, the fee is forfeited.
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