Sponsor has Dementia, Application refuse???

[SAMANTALA]

Our application was November 20, 2017 Outland Common Law Philippines. Sponsor SA January 30, 2018 Medical Done February 2, 2018 Procedural Fairness March 15 and Phone Interview embassy May 18.

At the interview, I told them the true condition of my husband/sponsor because they asked me how come after his last visit he do not visit me anymore. I do not want to say any alibi or reasons, I do not want to be charge as Misrepresentation, so I told them the truth.

Now, with my sponsor's condition, do you think, the officer will refuse our application???? He is currently at the home care. Because I do not want to wait for the result only to find out they refuse our application. I'm still confused what to do or think of the application. I know my husband needs me but it's the embassy will give me the visa to be with him, but if that won't happen then it's very painful especially to my husband.

Do you know other same situation like mine that their application was approved even though the sponsor is disable?

The interview and procedural fairness was about our common law proofs not the age gap.

 

[starnaenae]

What was the procedural fairness letter for? What did they say in the interview?

 

[mrs_december]

If your husband has dementia, there's a questionable legal argument that he might not have the mental capacity to legally consent to sponsoring you. This is an area where a solid immigration attorney needs to advise you.

 

[SAMANTALA]

What was the procedural fairness letter for? What did they say in the interview?

Procedural Fairness letter requesting to submit written explanation of our common law proofs. In the interview they asked me questions regarding our relationship, like when was our marriage date, his marriage date to ex-wife, how we met, how many visits etc...

 

[starnaenae]

Procedural Fairness letter requesting to submit written explanation of our common law proofs. In the interview they asked me questions regarding our relationship, like when was our marriage date, his marriage date to ex-wife, how we met, how many visits etc...

Not sure what to say. They could be questioning the relationship and now that you told them he has dementia they may question further. Who knows. You will have to wait

 

[Buletruck]

Agreed. You are probably going to need a very good immigration lawyer to respond to PFL. His dementia will certainly bring into question his ability to understand the undertaking he agreed to for sponsorship.

 

[mikeymyke]

You can do nothing but wait now. Its possible they could refuse based on your sponsor's condition or based on whether you've proven you're common law. Nobody will know until you get a letter from them

 

[SAMANTALA]

Thank you guys!

 

[Rob_TO]

Our application was November 20, 2017 Outland Common Law Philippines. Sponsor SA January 30, 2018 Medical Done February 2, 2018 Procedural Fairness March 15 and Phone Interview embassy May 18.

At the interview, I told them the true condition of my husband/sponsor because they asked me how come after his last visit he do not visit me anymore. I do not want to say any alibi or reasons, I do not want to be charge as Misrepresentation, so I told them the truth.

Now, with my sponsor's condition, do you think, the officer will refuse our application???? He is currently at the home care. Because I do not want to wait for the result only to find out they refuse our application. I'm still confused what to do or think of the application. I know my husband needs me but it's the embassy will give me the visa to be with him, but if that won't happen then it's very painful especially to my husband.

Do you know other same situation like mine that their application was approved even though the sponsor is disable?

The interview and procedural fairness was about our common law proofs not the age gap.

If he's your husband so you're married, why are they asking about common-law proofs?

 

[canuck_in_uk]

If he's your husband so you're married, why are they asking about common-law proofs?

She calls him "husband" but they are common-law.

 

[Buletruck]

OP isn’t actually married. Just common law.....

https://www.canadavisa.com/canada-i...t-to-do-if-the-sponsor-is-in-facility.531462/

 

[SAMANTALA]

If he's your husband so you're married, why are they asking about common-law proofs?

Actually we got married November 6, 2012 Philippines but it was invalid for CIC coz his not Divorce yet at the time of the marriage, because he do not know it was not finalize. His Divorce Date was June 24, 2013. So our Spousal Application November 21, 2013 was refused. This was our second application but Common Law this time, November 20, 2017. I noticed the same month of application submission both were "November." I do not know what would be the result this time. I know my husband needs me by his side, but it's the embassy will give the decision.

His friend told me, they were trying to get him a Trustee.

 

[mikeymyke]

His dementia must be really bad for him to be getting a trustee, as he's clearly not of sound mind to make decisions, so they need to get him a trustee to do so. Does the trustee have to be a Canadian, and not you?

It's possible they could refuse the application due to the sponsor not understanding what he's signing. If you look at the declaration on one of the forms he had to sign, it says this:

Declaration: "I understand all the above statements, having asked for and obtained an explanation on every point that was not clear to me"

It's quite possible they may feel he's not of sound mind and could not have made that statement

 

[SAMANTALA]

His dementia must be really bad for him to be getting a trustee, as he's clearly not of sound mind to make decisions, so they need to get him a trustee to do so. Does the trustee have to be a Canadian, and not you?

It's possible they could refuse the application due to the sponsor not understanding what he's signing. If you look at the declaration on one of the forms he had to sign, it says this:

Declaration: "I understand all the above statements, having asked for and obtained an explanation on every point that was not clear to me"

It's quite possible they may feel he's not of sound mind and could not have made that statement

Yes, the trustee is a Canadian. Thanks for the explanation, I will not expect anymore on the outcome of the application, I feel no positive.

 

[KBsandhu]

Yes, the trustee is a Canadian. Thanks for the explanation, I will not expect anymore on the outcome of the application, I feel no positive.

hie, what happened with your application?Did you receive PR?