urgent - Exculding non-accompanying spouse

[familysponsor]

I need urgent help please.

Is it possible to exclude non-accompanying spouse from sponsorship application?

I have sponsored my mom. Immigration has asked my dad to go through medical and police check as well. He has the clearance from the court, however there are records of arrests in the past in Police database. The records have been erased from court all together since they are very OLD (20 to 50 years ago!), but stayed in Police data base.

I am afraid my father's past records make him inadmissible and therefore render my mom inadmissible too. My father has no intention to travel to Canada in futurefor personal and health reasons.

Any help is appreciated.

 

[scylla]

No - you can't exclude your father from the application. Even if your father has no plans to come to Canada, he must pass the medical and security/background check in order for your mother to be approved. If your father is inadmissible for any reason it will automatically make your mother inadmissible as well.

So no - not possible.

 

[Rob_TO]

If the mom and dad were actually separated or in divorce proceedings, then maybe the dad could be excluded entirely from the application with a declaration that they are separated and it's understood he can never be sponsored to Canada in the future?

 

[scylla]

If the mom and dad were actually separated or in divorce proceedings, then maybe the dad could be excluded entirely from the application with a declaration that they are separated and it's understood he can never be sponsored to Canada in the future?

In my opinion they would need to be fully divorced. Otherwise CIC may just say they have separated / started divorce proceedings to facilitate the mother's visa application without the father. It's going to seem extremely strange and suspicious if they suddenly separate or start divorce proceedings at that age and after having been together for such a long time.

 

[familysponsor]

Thank you everyone for your prompt replies. Very helpfull!

We obtained and sent the medical. Also obtained the Certified Police clearance and it is clear. We have sent this as well. However - being stupid or honest - we also sent the old arrests records. Apparently even though criminal records get removed from Justice Office after a certain time has passed (our case 20 to 50 years), the fingerprint and arrests records remain in Police data base.

Now immigration keeps asking for all old document like court rulings and more, which we cant obtain since the court records have been cleared!!!

How should I explain this to them??

 

[scylla]

Did you send the court clearance as well? Is there any other information you can provide to prove the charges have been cleared? Maybe you could hire a lawyer to write a letter to accompany any additional documentation you send to explain the situation and state once again that the charges have been cleared and this is why the records CIC is requesting cannot be provided.

Good luck.

 

[familysponsor]

I have the clean certified clearance for justice office. I guess cic undrestands that, however they insist on seeing the old documents of the past records.. I m sending it again and explaining the situation. and I pray !

Thank you. Will update this with the outcome.