Can my father's spouse be removed from the application

[cansponsor2012]

My situation is quite complicated. I'm not sure if anyone here had the same experience.

I sent the applicatio to sponsor my parents to come in 2009, and my husband co-signed the application. My Mom passed away a few months later. Last year my father got married. I informed CIC, and included my step-mother on the IMM0008 form under the "dependant" section and checked "yes" to indicate she will accompany my father to Canada. Around a month ago, I got the letter from CIC saying I am approved as a sponsor. Now my husband does not want to sponsor my step-mother, but he is still willing to sponsor my father. He said he is going to withdraw if my step-mother cannot be removed from the application. If he withdraws, my income is not enough to support them.

My questions is if it is possible remove my step-mother from the application and how. If my step-mother is not coming, how likely CIC will also refuse my father's application? And if my step-mother does not come with my father this time, is it possible for my father to sponsor her as a spouse in the future?

Many thanks to people who provide any kind response

 

[GetUsHome]

It doesn't seem very practical for you to sponsor just your father and not your stepmother. Assuming of course your stepmother is not a raging b*tch and your husband is doing the country a favor.

By only sponsoring your father your husband now has his wife and in-laws mad at him. That doesn't seem sensible.

You are also taking on the burden of providing for your stepmother in a different country and the costs of your father and stepmother going and seeing each other. Then you will have your father there without anyone to entertain him and you and your husband will have to do it. If he gets sick you guys have to look after him because his wife isn't there, etc.

I have a father without a wife. You do not want to do it.

Anything you do to the application will drag it out it and the fact your stepmother is not coming will seem very odd and raise red flags.
.
That being said I think you and your husband need to reevaluate his stand on the matter.

Good luck

 

[CharlieD10]

Definitely re-evaluate that decision.

Taking your stepmother off the application does not make her go away, after all. You are essentially dividing your father from his spouse and creating more issues than you "solve", some of which GetUsHome pointed out above.

 

[RobsLuv]

Good points - but they aren't really relevant. You don't have the option to take her off the application - she is defined as his dependent by the Immigration and Refugee Protection Act, and so he is required to include her on his application to immigrate, as long as they are legally married. You don't get to choose which of his family members you want included on the application - if family members are defined as his "dependents" under the Act, they have to be included on his application. However - "dependents" do not have to be designated as "accompanying", and if she is not designated as "accompanying", you are not sponsoring her. She would still need to undergo both medical and criminal examination, because that protects her so that he can sponsor her later himself, as his spouse, once he lands. And I think, although I'm not positive, that if she's not designated as "accompanying", she's not included in your calculation for income requirements.

It's important to understand that she does have to be medically and criminally assessed with this application - and, if she is inadmissible (even medically), she makes him inadmissible as well. Otherwise, people would just designate inadmissible partners as "non-accompanying" when they're sponsored, and then sponsor them later as spouses (because spouses are exempt from medical inadmissibility). So that's why she has to be examined, and why she will make him inadmissible if she is inadmissible - so that he can't come here and then get around the inadmissibility by sponsoring her as a spouse.

So, if you want to avoid being financially responsible for her: if they are both willing (because they may be separated for some time after his landing), she can still be included in this application (as required), and undergo medical and criminal evaluation, but as a "non-accompanying" dependent she is not issued a visa and you are not obligated to her in terms of your undertaking. Your father immigrates and she stays behind. You will be responsible for him - and once he's landed, he can apply to sponsor her and he takes responsibility for her undertaking.

 

[scylla]

I agree with almost everything RobsLuv has said.

The one point I'm not 100% sure about is if listing your step-mother as non-accompanying will lower the income requirements. (If this is true, it seems this would be a bit of a loop hole.)

However RobsLuv is correct that you have no choice with regards to including your step-mother. If you want your father's application to be processed, your step-mother must be included on the application (even if she's non-accompanying).

 

[RobsLuv]

I agree with almost everything RobsLuv has said.

The one point I'm not 100% sure about is if listing your step-mother as non-accompanying will lower the income requirements. (If this is true, it seems this would be a bit of a loop hole.)

However RobsLuv is correct that you have no choice with regards to including your step-mother. If you want your father's application to be processed, your step-mother must be included on the application (even if she's non-accompanying).

I'm going to do some research on this and see what I can find. I know where to find it, it's just been a long time since I read it and I'm not sure how it's worded anymore. Will be back.

 

[scylla]

I'm going to do some research on this and see what I can find. I know where to find it, it's just been a long time since I read it and I'm not sure how it's worded anymore. Will be back.

I'm really curious what the answer is. I'm going to do some poking around myself too. Having said that - I trust you to find the correct answer way more than I trust myself.

 

[RobsLuv]

Sorry - I was wrong. From Section 10.1 of the OP2 Processing Manual:

10.1. Financial test - sponsor
CPC-M will indicate where applicable whether or not the financial test is met. This is determined by taking into account the number of persons in Canada for whom the sponsor is responsible, including persons who are the subject of another undertaking signed or co-signed by the sponsor, and the number of persons included on the sponsorship undertaking, including non-accompanying family members.

 

[scylla]

Sorry - I was wrong. From Section 10.1 of the OP2 Processing Manual:

10.1. Financial test - sponsor
CPC-M will indicate where applicable whether or not the financial test is met. This is determined by taking into account the number of persons in Canada for whom the sponsor is responsible, including persons who are the subject of another undertaking signed or co-signed by the sponsor, and the number of persons included on the sponsorship undertaking, including non-accompanying family members.

Wow! That was fast. Thanks!

 

[RobsLuv]

Wow! That was fast. Thanks!

Knew I knew where it was - just had to go find my bookmark!! So, that means that they still have to meet the income requirement for an additional person, but if she is designated "non-accompanying' she won't fall under their undertaking, even if she later comes to Canada sponsored by the father/husband. I guess it just depends on what the original objection of the OP's husband was to co-signing. Since the step-mother is already designated as "accompanying", and the sponsorship approved with the husband as co-signer, it seems the worry may be the financial obligation (or social assistance issue) once she lands. If they were to change her to "non-accompanying", that might satisfy the OP's husband that he is not responsible for her, and then the OP's father can sponsor his wife after he lands.

 

[cansponsor2012]

Thanks to all who replied. You guys are very kind

I totally understand why my husband doesn't want to sponsor my stepmother - after all, he will have to be responsible for her (who he considers to be a near stranger) for ten years after she lands no matter what happens. I am grateful that he is still willing to sponsor my father, so I will not be mad at him (it was my fault not to discuss with him when I added my stepmother on the application). I talked to my father and stepmother about it, and they showed their understanding too. Even if my stepmother doesn't immigrate with father this time, she can still come with my father on a vistor's basis (my stepmother's son is a Canadian citizen, but he'd been living in the States until late last year, and that's why he could not sponsor my stepmother).

My father said if a temporary divorce is necessary, he and my stepmother will do so. But I don't want them to divoice if there are other ways to solve it. Is it possible now for my stepmother to change from "accompanying" to "non-accompanying"? If yes, any advice on how?

 

[cansponsor2012]

If they were to change her to "non-accompanying", that might satisfy the OP's husband that he is not responsible for her, and then the OP's father can sponsor his wife after he lands.

Hi Robsluv, do you know how I can change my stepmother to "non-accompanying"? You also mentioned that if my stepmother is medically inadmissible, she will make my father inadmissible. Is this true even if I change her to "non-accompanying"?

Thank you very much

 

[scylla]

Hi Robsluv, do you know how I can change my stepmother to "non-accompanying"? You also mentioned that if my stepmother is medically inadmissible, she will make my father inadmissible. Is this true even if I change her to "non-accompanying"?

Thank you very much

If your stepmother is inadmissible - your father will be inadmissible as well (it doesn't matter if she's accompanying or non-accompanying). Don't go the temporary divorce route. CIC wised up to these a long time ago. If your father divorces your stepmother and then comes to Canada as a single person, he will never be able to sponsor your stepmother (even if they get married again).

 

[RobsLuv]

All you have to do is have your father and his wife send a registered letter to the embassy processing their application asking that her designation be changed to non-accompanying. And yes, if she is medically inadmissible, she makes him inadmissible as well - even if she is non-accompanying. This prevents applicants from landing, and then sponsoring a previously designated "non-accompanying" partner who would be medically inadmissible otherwise, as a spouse (when spouses are excessive medical demand exempt).

I don't know that I agree that his potential "wife/ex-wife/wife again" would necessarily be banned from being sponsored if they divorced and remarried but, honestly, divorcing her now so that he could immigrate without her - and then re-marrying and applying to sponsor her (especially if she turned out to have a medical condition) would definitely be viewed as immigration fraud and they would both lose the right to permanent status. Even if she didn't have a medical condition, it would look like he tried to get her off the application so he could immigrate, and they would nail them on "non-genuine relationship" when he later applied to sponsor her.

It's okay that your husband does not want to assume the responsibility of a ten year undertaking for a basic stranger - that they will understand. But your father divorcing her, and then remarrying her to sponsor her later, would be a huge red flag and cause all kinds of trouble for them. There are conditions to parent sponsorship that must be met - one of them is the inadmissibility issue and there is no way around it. If it even looks like he was trying to avoid being found inadmissible because of her, it will cause big problems later, so they should be sure to include - with the letter about designating her "non-accompanying" - some plausible explanation for why they're doing so. They can even write that your husband is not comfortable acting as her sponsor, and that your father is immigrating first in order to later take on that responsibility himself. The truth is always better than excuses.

 

[cansponsor2012]

All you have to do is have your father and his wife send a registered letter to the embassy processing their application asking that her designation be changed to non-accompanying. And yes, if she is medically inadmissible, she makes him inadmissible as well - even if she is non-accompanying. This prevents applicants from landing, and then sponsoring a previously designated "non-accompanying" partner who would be medically inadmissible otherwise, as a spouse (when spouses are excessive medical demand exempt).

I don't know that I agree that his potential "wife/ex-wife/wife again" would necessarily be banned from being sponsored if they divorced and remarried but, honestly, divorcing her now so that he could immigrate without her - and then re-marrying and applying to sponsor her (especially if she turned out to have a medical condition) would definitely be viewed as immigration fraud and they would both lose the right to permanent status. Even if she didn't have a medical condition, it would look like he tried to get her off the application so he could immigrate, and they would nail them on "non-genuine relationship" when he later applied to sponsor her.

It's okay that your husband does not want to assume the responsibility of a ten year undertaking for a basic stranger - that they will understand. But your father divorcing her, and then remarrying her to sponsor her later, would be a huge red flag and cause all kinds of trouble for them. There are conditions to parent sponsorship that must be met - one of them is the inadmissibility issue and there is no way around it. If it even looks like he was trying to avoid being found inadmissible because of her, it will cause big problems later, so they should be sure to include - with the letter about designating her "non-accompanying" - some plausible explanation for why they're doing so. They can even write that your husband is not comfortable acting as her sponsor, and that your father is immigrating first in order to later take on that responsibility himself. The truth is always better than excuses.

Thank you very much for your information, RobsLuv!

It seems that changing my stepmother's designation is the only way to satisfy all.

Do you know if there is a financial requirement for spousal sponsorship? My father is retired, and his retirement income is only $1000/month. Who can be the co-sponsor in spousal sponsorship? Can my stepmother's son or I be the co-signer?

Thanks