PGP if 1 parent is inadmissible on medical grounds what happens to other parent?

[nina.roy]

I intend to sponsor both my parents under the PGP scheme. My father has been diabetic for 35+ years and recently developed a heart condition too. My mother on the other hand is healthy.

a) So I wanted to know, if I applied under PGP sponsorship program for their immigration, with mother as primary applicant and father as her dependant, and during medical examination, my father was deemed inadmissible due to medical grounds, then will that cause my mothers application to be rejected as well or can I choose to pursue my mothers application separately at that point? Or must I make a fresh application for my mother alone later on?

b) If incase I decide to appeal the rejection on humanitarian grounds, which can take years to settle, will that hold back my mother's processing too?

Kindly advice, thanks.

 

[zardoz]

Either BOTH parents are admissible or NEITHER of them are. It really is as simple as that.

 

[user828]

I intend to sponsor both my parents under the PGP scheme. My father has been diabetic for 35+ years and recently developed a heart condition too. My mother on the other hand is healthy.

a) So I wanted to know, if I applied under PGP sponsorship program for their immigration, with mother as primary applicant and father as her dependant, and during medical examination, my father was deemed inadmissible due to medical grounds, then will that cause my mothers application to be rejected as well or can I choose to pursue my mothers application separately at that point? Or must I make a fresh application for my mother alone later on?

b) If incase I decide to appeal the rejection on humanitarian grounds, which can take years to settle, will that hold back my mother's processing too?

Kindly advice, thanks.

Like the previous response said. Both have to pass, even if you never included him in original app. The only way around this as if they were legally divorced before making the app for single parent

 

[nina.roy]

Hmm, that does not make any sense. Do you guys have any official CIC link that states if one parent fails medical test, both parents will be refused entry? That sounds incredibly unfair to me. Thanks.

 

[canuck_in_uk]

Hmm, that does not make any sense. Do you guys have any official CIC link that states if one parent fails medical test, both parents will be refused entry? That sounds incredibly unfair to me. Thanks.

ENF 1 Inadmissibility - pages 33-34 - http://www.cic.gc.ca/english/resources/manuals/enf/enf01-eng.pdf

42. A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if
(a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible.
(b) they are an accompanying family member of an inadmissible person.


If your mother was allowed to continue her app after your father was declared inadmissible, she would become a PR. Once she became a PR, she could then immediately sponsor her spouse, your father. As spousal sponsorship is exempt from the medical excessive demand cost threshold, your father's medical conditions wouldn't matter. His health issues could cost a hundred thousand dollars a year and he would still get PR. In order to prevent people from exploiting such a loophole and placing more strain on the Canadian healthcare system, if one family member is inadmissible, CIC refuses everyone in the application.

 

[user828]

Hmm, that does not make any sense. Do you guys have any official CIC link that states if one parent fails medical test, both parents will be refused entry? That sounds incredibly unfair to me. Thanks.

Not only parent, if bro/sis whether accompanying or not can also make PA inadmissable

Yes, its cruel but there's no way around it unless they are divorced. BTW, have they refused the app or you just speculating?

<a href="http://imgur.com/24YEsS0"><img src="http://i.imgur.com/24YEsS0.jpg" title="Hosted by imgur.com" /></a>

 

[Rob_TO]

In some cases when a dependent is uncooperative, or unable to be located, CIC will allow a principal applicant to still get PR as long as they sign a declaration that they are aware the dependent will NEVER be allowed to be sponsored under family class in the future.

I'm not sure if this situation could apply to a set of parents that are still together though, if mother signed a declaration to not include the father as dependent, knowing full well he could never be sponsored later. The reason CIC usually allows this is when situation is beyond control of the applicant, so I'm not sure if this situation of simply failing a medical would warrant it. I don't think CIC wants to be seen as an organization that promotes the splitting up of families, and CIC may also feel that OP would continue with legal/H&C efforts to still try and get the father to immigrate, tying up CIC resources.

 

[nina.roy]

Thank you all for your responses.

BTW, have they refused the app or you just speculating?

I am speculating at this point because I have already submitted a PGP joint application of my parents (with their marriage cert included). I had read somewhere that a person being Diabetic does not disqualify him/her on medical grounds, so I was sure that both my parents would make it. But after my dad developed a heart condition recently, I am not sure he will make it through the medicals now. So I was planning to withdraw my application and reapply for them separately in Jan 2015.

I intend to appeal for my dads situation on humanitarian grounds. At the same time, since my mother is healthy, I don't want my dad's condition to hold her application back.

Yes, its cruel but there's no way around it unless they are divorced.

So if my parents were legally separated, could I still sponsor both my parents in separate applications? Wherein, my mothers application gets processed individually, and my fathers application may get declined on medical grounds, but I could still appeal on humanitarian grounds for him alone. Wouldn't CIC object to the fact that both my divorced parents will be living with me here in Canada?

 

[zardoz]

Thank you all for your responses.
I am speculating at this point because I have already submitted a PGP joint application of my parents (with their marriage cert included). I had read somewhere that a person being Diabetic does not disqualify him/her on medical grounds, so I was sure that both my parents would make it. But after my dad developed a heart condition recently, I am not sure he will make it through the medicals now. So I was planning to withdraw my application and reapply for them separately in Jan 2015.

I intend to appeal for my dads situation on humanitarian grounds. At the same time, since my mother is healthy, I don't want my dad's condition to hold her application back.


So if my parents were legally separated, could I still sponsor both my parents in separate applications? Wherein, my mothers application gets processed individually, and my fathers application may get declined on medical grounds, but I could still appeal on humanitarian grounds for him alone. Wouldn't CIC object to the fact that both my divorced parents will be living with me here in Canada?

I think that you are going down a dark road here... CIC will suspect that it would be a "separation/divorce of convenience" and misrepresentation, especially if they still reside together. I can't comment on the possibility of an H&C appeal...

 

[scylla]

I agree with zardoz. Simply legally separating will very likely not be enough and CIC will suspect this is a "separation of convenience". What you are proposing to do is illegal from a Canadian immigration law perspective. For this to work, they will most likely have to prove that they have physically separated (e.g. no longer living together, no longer have joint assets or bank accounts) and CIC may demand to see a divorce. Keep in mind that if CIC determines the separation has been processing for immigration purposes (as you are planning to do), they could very well make a finding of misrepresentation which carries a 2 year ban from entering Canada and will complicate things significantly for both of your parents.

Don't fake a separation. This could end up being extremely costly for you and your family.

 

[user828]

Agree with both, and forget about HC grounds - I tried that before sponsorship - they see things from side of the spectrum. As long as they know 1 parent is healthy, have ANY family back home, sister, bro etc, then they should be taken care of. I suggest apply normally and wait for meds, heart condition doesn't necessarily mean refusal..there was a user whoz dad had a bypass then went for meds, had another meds and no issue. Since there is long way to go, I suggest focus on treatment and healthy life so when the time comes you can show that he has been doing good for long

With parents, they know at that age - there will always be something, so don;t expect super athletic health results

They are more concerned wit TB etc

 

[nina.roy]

Thank you all, I agree its not worth taking any risks at this point. I always have super-visa as a fall back. Cheers all!

 

[Efc]

Hi Nina,

I am on same boat now. I applied for my parents PR visa. My father has heart disease and diabetic condition for the past few years. My parents got medicals request for PR last week and they went for medical test this week. During medical my parents provided all the records for existing medical conditions and the treatment which they are undergoing. But the doctor concerned about the heart condition.

Now, based on the physician's report, will they reject my parents application? I am bit worried.

Appreciate your reply on this.

Thanks

 

[tweetyishere]

my father is diabetic for +20years and he had a heart surgery 10 years ago and he passed the medical

his condition is stable though so it is a one by one case

don't worry too much

 

[Efc]

Thanks a lot for the response tweetyishere.

I will wait to hear from CIC regarding the status for my case.

Figures crossed!!