Parental vs Spousal Sponsorship

[Mapleson]

Hi all,

I think I may have stumbled across a loophole in the parental immigration system. Please advise what you think the validity of it might be.

With married parents, when one would be barred medically for excessive demand (father), would it be possible to complete the process of a parental application for only the healthy parent (mother), and then subsequently completing a spousal application with the newly PR parent (mother) as the spousal sponsor? This would allow the barred parent (father) to by-pass the medical requirements.

Of course this is more convoluted, and the parental super-visa would hopefully be used in the meantime, but is it feasible?

 

[Rob_TO]

Hi all,

I think I may have stumbled across a loophole in the parental immigration system. Please advise what you think the validity of it might be.

With married parents, when one would be barred medically for excessive demand (father), would it be possible to complete the process of a parental application for only the healthy parent (mother), and then subsequently completing a spousal application with the newly PR parent (mother) as the spousal sponsor? This would allow the barred parent (father) to by-pass the medical requirements.

Of course this is more convoluted, and the parental super-visa would hopefully be used in the meantime, but is it feasible?

No it won't work. If parents are married you must sponsor both or none. Both must pass the medical even if one parents is listed as non-accompanying. Any parent failing the medical, causes both parents to be rejected.

 

[Mapleson]

OK, beyond that, what about step-parents? Is it that you must sponsor both parents and any step-parents, including non-accompanying?

 

[Rob_TO]

OK, beyond that, what about step-parents? Is it that you must sponsor both parents and any step-parents, including non-accompanying?

Each set of parents needs to be sponsored under their own application. So they remain separated.

You must be the primary sponsor for your own parents application, and your spouse must be the primary sponsor on application for their own parents. You don't combine them, so step-parents getting accepted or rejected will have no effect on your own parents, and vice versa.

 

[scylla]

OK, beyond that, what about step-parents? Is it that you must sponsor both parents and any step-parents, including non-accompanying?

You're question isn't entirely clear.

Are you asking what would happen if (for example) your father remarried to someone else (who was not your mother) and you wanted to sponsor him for PR? If that's what you're asking, then your step-mother would have to be included as a dependent in your father's sponsorship application. She could be flagged as either accompanying or non-accompanying. Regardless of how she's flagged, she would have to pass the medical along with your father and if either of them could not pass the medical then the entire application would be refused.

You must also have sufficient LICO to cover both your father and step-mother - regardless of whether your step-mother is accompanying or not.

Does that answer your question? Or were you asking something else?

 

[Rob_TO]

Ah ok I think i misinterpreted that last question.

As scylla said, if your biological parents divorce and they re-marry, then the step-mom or step-dad MUST be included in their spouses application.

Also if your biological parents divorce, then you can't sponsor them together if you wanted them both here. They would each need a separate application. So you could choose to sponsor your dad and his new wife with 1 application, and then your mom and her new husband with a 2nd application. In this case obviously your biological mom or dad having their app rejected due to medical, would not affect the other parent since they are divorced and not part of the same application.

 

[Mapleson]

Sorry for the confusion. Scylla understood my meaning correctly. So the basis is that any individual parent can be sponsored, but any spouse/dependent must be included in their application and the application as a whole requires that each individual pass the medical exam.

Thank-you for the clarification.