What to do if the Sponsor is in facility?

[SAMANTALA]

We are applying Outland Common law, submitted the application last March 10, 2017 but returned application March 30, 2017 due to my expired immigration photos and need more common law proofs. Finally resubmitted the application and delivered November 20, 2017 to CPC-M, were waiting for the AOR.

Now last Nov 13, my sponsor got into accident, fell to the ground got a bruised on forehead rushed to the hospital, diagnosed Dementia/Alzheimer's, he is currently staying in Valleyview Health care facility to monitor his condition.

How this will affect our application? Please give me some advice... Other's were saying to inform CIC about what happened while others says "No", it will complicate the application...

 

[mikeymyke]

This is kind of a unique situation, but IMO, the best thing for you would be to keep quiet about this. I dont think its misrepresentation nor needed to tell CIC about this, as a sponsor's changing health doesnt need to be reported, unlike if he was arrested for domestic violence, moves out of the country, changing family size, etc.

However, I think if they do find out he is ill, thus unable to work or have to go on disability, they might have doubts as to whether he can financially support you, and that could lead to a refusal.

 

[scylla]

I would expect this situation is going to cause complications for your applications. If I remember correctly from your previous threads, there is around a 30 year age gap between yourself and your Canadian spouse. Given that, I think an interview is probably pretty likely. In that interview, you'll need to be honest about his situation if asked. I think you'll also need to be prepared to explain your relationship given the Dementia/Alzheimer's diagnosis. Good luck.

 

[SAMANTALA]

This is kind of a unique situation, but IMO, the best thing for you would be to keep quiet about this. I dont think its misrepresentation nor needed to tell CIC about this, as a sponsor's changing health doesnt need to be reported, unlike if he was arrested for domestic violence, moves out of the country, changing family size, etc.

However, I think if they do find out he is ill, thus unable to work or have to go on disability, they might have doubts as to whether he can financially support you, and that could lead to a refusal.

Let's say I do not inform CIC about his condition but we receive AOR & SA, then later on they found out his condition, so they will refuse the application? Because right now, I was confused what to do, because before he do not want me to work, so he can call me anytime but now this happened to him, my only option is to work abroad for here in Philippines are always on age limit. I really do not know anymore, what's going to happen, though if my sponsor knew that I am going to work abroad, for him or on his perception that is I'm leaving him, which is not, I just want to help myself too...

 

[canuck_in_uk]

Let's say I do not inform CIC about his condition but we receive AOR & SA, then later on they found out his condition, so they will refuse the application? Because right now, I was confused what to do, because before he do not want me to work, so he can call me anytime but now this happened to him, my only option is to work abroad for here in Philippines are always on age limit. I really do not know anymore, what's going to happen, though if my sponsor knew that I am going to work abroad, for him or on his perception that is I'm leaving him, which is not, I just want to help myself too...

If this were just a physical diagnosis, it wouldn't be an issue. However, a diagnosis of dementia and/or Alzheimer's could call into question his legal capacity to enter into a sponsorship agreement with the government of Canada. In my opinion, that qualifies as a significant change in circumstance that must be reported to IRCC. It could also call into question whether you are taking advantage of any potential diminished capacity to come to Canada.

It does seem like you are more worried about your situation than the health of your partner.

 

[Buletruck]

However, a diagnosis of dementia and/or Alzheimer's could call into question his legal capacity to enter into a sponsorship agreement with the government of Canada. In my opinion, that qualifies as a significant change in circumstance that must be reported to IRCC. It could also call into question whether you are taking advantage of any potential diminished capacity to come to Canada.

Agreed. Given that he was diagnosed on November 13th and you submitted your application on November 20th, and depending on what stage his Alzheimer's/dementia is at, I would think there will be significant concerns and roadblocks for your application. At this point, it's highly likely that somewhere, someone is looking at arranging power of attorney for him, which will either now, or in the near future take the responsibility of making legal decisions away from him, including your application. It is likely they would review all recent legal documents to determine if they were sound at the time of signing. This is something that would have to be reported to IRCC.

 

[SAMANTALA]

If this were just a physical diagnosis, it wouldn't be an issue. However, a diagnosis of dementia and/or Alzheimer's could call into question his legal capacity to enter into a sponsorship agreement with the government of Canada. In my opinion, that qualifies as a significant change in circumstance that must be reported to IRCC. It could also call into question whether you are taking advantage of any potential diminished capacity to come to Canada.

It does seem like you are more worried about your situation than the health of your partner.

Ofcourse, I'm worried of his health, but what can I do, the only thing I can do for him is to pray for his healing.. As me here in Philippines, like I said I do not have a work for he do not want me before, also I have my mom 76 yrs old with me at home.

My husband's friend Bob is the one where I get updates of his condition, because he was the one that helped him brought to the hospital until now he is the contact person of my husband in Valleyview. My husband phoned me last Thursday, since then no call yet, he could misplaced again his phone.

 

[SAMANTALA]

Agreed. Given that he was diagnosed on November 13th and you submitted your application on November 20th, and depending on what stage his Alzheimer's/dementia is at, I would think there will be significant concerns and roadblocks for your application. At this point, it's highly likely that somewhere, someone is looking at arranging power of attorney for him, which will either now, or in the near future take the responsibility of making legal decisions away from him, including your application. It is likely they would review all recent legal documents to determine if they were sound at the time of signing. This is something that would have to be reported to IRCC.

He sent to me the whole application to organize base on the guidelines, I'm the one that sent the application to CPC-M, from Philippines to Ontario. He do not know about computer, so I did all the forms, he signs and sent it to me courier that's what we did. As of his Alzheimers condition based on nurses report and I've searched about it, seems like he is in middle stage.

 

[mikeymyke]

There's a strong likelihood that you will be called in for an interview, due largely to the 30 year age gap I presume. And when you're called in, that's when they'll find out about your sponsor's condition. If there was no interview, and the application proceeds normally, its possible you could get PR card even with your sponsor's condition. I don't know if they would revoke your PR after landing, if they found out he got Alzhemiers before submitting the app, as I"ve never heard of that happening before. However, I think its very unlikely your case would proceed without an interview.

Either way, I think you should probably start thinking long term about your future now that your sponsor has diminished mental capacity. Not saying you should divorce him and move on, but if you really love him, perhaps you can find a way to immigrate to Canada permanently (there are lots of Filipinos in Canada who have immigrated here on their own) to take care of him, or you go back to work in Philippines and send money to him to support him. I know he's been primarily taking care of you by telling you to not work and he's been sending money over to you, but as a husband and wife, both have a duty to take care of each other, and especially since your husband is elderly and you're not, you should realize that at some point with his age, he's going to need extra care and attention, and you'll need to be the one to take care of him.

 

[Buletruck]

There is so much fundamentally wrong with this. The OPs significant other is diagnosed with mid term Alzheimer’s, is in what is likely long term care. His health is to the point where he becomes aggravated when alone to the point of messing his room. And yet, a week after being admitted to hospital, the OP submitted a spousal application signed by the spouse, who realistically had no real understanding/comprehension of what he was signing. This is not a disease that just “pops” up overnight. This is a long term disability that impairs judgement. And submitting an application knowing the spouses condition is, to me, misrepresentation. IMM1344 clearly states in the declaration that “I understand all of the above statements, having asked for and obtained an explanation on every point that was not clear to me”. How a patient with this level of Alzheimer’s can do that (and I’ve dealt with people afflicted with the disease) is questionable. Sorry, but this is just wrong.

 

[canuck_in_uk]

He sent to me the whole application to organize base on the guidelines, I'm the one that sent the application to CPC-M, from Philippines to Ontario. He do not know about computer, so I did all the forms, he signs and sent it to me courier that's what we did. As of his Alzheimers condition based on nurses report and I've searched about it, seems like he is in middle stage.

You need to report his medical condition to IRCC. With mid-stage Alzheimer's, it is very possible that your sponsor does not have the legal capacity to consent to sponsor you. As Buletruck said above, with mid-stage, it has been developing for quite some time and there is no way that you could not have noticed. While I am not accusing you of anything, from the outside, it really does look like you are taking advantage of his situation to come to Canada.

 

[mikeymyke]

The sponsor did after all, send her the app, and let her do all the paperwork, maybe its because he doesnt quite understand what he would be filling out

 

[Buletruck]

If he doesn’t understand what he’s filling out, Then it’s quite likely he doesn’t understand what he is committing to. This may all be on the up and up, but really someone knowledgeable with his condition needs to make an assessment that he was completely aware and mentally competent when he signed the application. IRCC also needs to know as these are legal documents that have to be signed with full understanding of the undertaking.

 

[SAMANTALA]

There's a strong likelihood that you will be called in for an interview, due largely to the 30 year age gap I presume. And when you're called in, that's when they'll find out about your sponsor's condition. If there was no interview, and the application proceeds normally, its possible you could get PR card even with your sponsor's condition. I don't know if they would revoke your PR after landing, if they found out he got Alzhemiers before submitting the app, as I"ve never heard of that happening before. However, I think its very unlikely your case would proceed without an interview.

Either way, I think you should probably start thinking long term about your future now that your sponsor has diminished mental capacity. Not saying you should divorce him and move on, but if you really love him, perhaps you can find a way to immigrate to Canada permanently (there are lots of Filipinos in Canada who have immigrated here on their own) to take care of him, or you go back to work in Philippines and send money to him to support him. I know he's been primarily taking care of you by telling you to not work and he's been sending money over to you, but as a husband and wife, both have a duty to take care of each other, and especially since your husband is elderly and you're not, you should realize that at some point with his age, he's going to need extra care and attention, and you'll need to be the one to take care of him.

When is the best time to inform CIC about his condition, when the AOR arrive? Right away, I inform them so that they may REFUSE right away our application because of his condition and that people will not judge me anymore of taking advantage to come to Canada...

 

[SAMANTALA]

You need to report his medical condition to IRCC. With mid-stage Alzheimer's, it is very possible that your sponsor does not have the legal capacity to consent to sponsor you. As Buletruck said above, with mid-stage, it has been developing for quite some time and there is no way that you could not have noticed. While I am not accusing you of anything, from the outside, it really does look like you are taking advantage of his situation to come to Canada.

I've read those forms to him before, we submitted the application last March 10 but it was returned application and finally resubmitted Nov 20. It's very hard if the Sponsor was not the one doing the application, do you think I enjoyed making application all over again since 2013? I know one mistake or wrong answer could lead to refusal ...