Unfortunately your best option is to wait until your father passes away and then sponsor your mother.
Parents and Grandparents Sponsorship 2018
- Thread starter Amigo30
- Start date
This is a tricky one.
Even if your entry is picked by the lottery, I don't think they can process the applicant so fast. It's likely that it's still some time before they will actually request the medical.
And if her dad is sick, as long as his condition doesn't require excess medical (i.e. if nothing much can be done), he may still pass the medical demand.
From the initial post, it wasn't clear that the parents want to be seperated.
Since HK is visa exempt , the dad could travel to canada and stay for 6 months. Mom could still travel back to HK and keep her PR obligation.
Now we know the story behind. Please leave this option out of the question. I don't think his MIL will divorce her husband in sick bed.
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Actually, sing_tao you should just throw your hat into the lottery. I mean with the lottery system you never know when you are going to win it. It could be one or two years later. It could be next month.
Decide what to do after you win the lottery. Assess the situation then. There are various options you can consider then.
The "divorce" may be just a legal requirement and I am sure husband and wife will understand that. This is a private matter of course for them to work it out. As Miraceljj said, people make use of loopholes all the time. So it's an option.
Yes it is IRCC's business, as it would be blatantly obvious the divorce was only done to facilitate the mom getting sponsored and passing medical portion.
If they re-married and she attempted to sponsor him, there is a good chance IRCC would claim the mom committed fraud/misrepresentation on her own PR app (basically a divorce of convenience) and not only deny the father, but revoke the mom's status.
Sounds like even if your mom could get PR on her own, she will not abandon her husband and come to Canada.
So you can certainly apply for a lottery spot if you meet the income requirement. Thinking a family member will fail a medical, does not exclude you from trying.
If selected and you submit an app for her mom and dad, all will depend on timing. If they ask for medicals while her husband is still alive, as mentioned it will practically guarantee the entire app's refusal. However if app is processing and her husband passes away, then after that point the mom can continue with the app in her own name only. Nobody knows how long it will take to get medical request going forward.
Just make sure the mom is listed as the primary applicant in the app.
Would there be a thoroughly investigation and even a chance to revoke her mon's PR? Yes, definitely. But there isn't any legal issue to reconcile and remarry. And there isn't any law to bar her mom to file the application. And if they can provide required evidences to satisfy the VO, then an approval is inevitable. Although I don't support this kind of behavior, but as long as it is legal, it is fine, is it?
No of course it's not fine. This is a "divorce of convenience". As long as they stayed divorced and she never sponsored him, there would be no issue. But once she attempts to re-marry and sponsor it would be blatantly obvious to any visa-officer they divorced only to skip his medical excessive demand test, and she would be accused of fraud/misrepresentation.
Why would it be blatantly obvious? As you had previously mentioned IRCC does not have the resources to go investigate everyone.
The issues usually arise if the person tries to sponsor a family member that they had not declared or given false information about. If there is no attempt to sponsor said family member IRCC does not have any interest in randomly investigating for no reason.
Exactly. Looking at what sing_tao has posted it looks extremely unlikely they will try to sponsor the father in the future. And knowing this they would be best advised not to.
I think you guys missed this.
Getting divorced is more complication that getting through medical for immigration.
Estate planning, right for medical care...etc.
I think we should leave sing_tao alone... He got more than enough to think here.
This was solely in response to re-marrying and attempting to sponsor him in the future.