lifeisajourney

Back in January 2016 we started the long process to sponsor my parents so they would have options about where they wanted to be long term. A lot of time passed, a lot of paperwork, lots of fees and quite a bit of anxiety, finally we received notification last month that they had been approved and my parents need to re-enter Canada by July 2019 to activate their permanent residency. My parents' relationship has deteriorated over the past few years and their current war of words has escalated to the point that my dad is refusing to re-enter Canada before July 2019 just to upset my mum. As my dad is the lead name on the application he has to re-enter first, so if he doesn't she can't activate her permanent residency. Does anyone know if and how my mum could sever her application from my dad's so that she could activate her permanent residency without him? Thanks for any advice.

Former Lancastrian

Short answer she would have to wait until after July 2019 and then reapply on her own and go through the process again with no guarantees of being chosen. I won't mention what the other option is as its not a nice one.

BristolUK

Okay, this may not be an answer, but doesn't this sort of thing raise an issue about human rights and/or equality?

This isn't like a couple gaining PR on the grounds of employment for one of them. Why do they not have equal right to activate first? Or alone?

If this gets in the way of the OP's potential answers can the thread be split?

Siouxie

One person has to be designated the Principal Applicant. It could have been either of them. The Principal Applicant must land 1st.
Can I sponsor more than one person through the Parents and Grandparents Program?
Glossary

Siouxie

Could you appeal to him in as much as he will be depriving you / your children of the opportunity to have your Mother / their Grandmother with you.. or even include him in the appeal and say how much you want HIM to be here? Perhaps if he believes you really want him here he will put the malicious/vindictive attitude against your Mum to one side and 'land' so that HIS PR status remains.. worth a try.

From what I read you would need to notify them of the divorce and withdraw the application for your Father and make a new application for your Mother - but hopefully someone else can give you more hopeful information. Legislation dictates that the Principal Applicant must land first, unless deceased.

I hope you are able to sort it out - what a mess and so sad that things would reach that point.

lifeisajourney

Thanks to all for your advice. I'm hoping that he will see sense. But as we all know couples lash out and hurt each other wherever they can when they're angry and hurt. If he actually follows through with his threat it would certainly be a disaster for all.

BristolUK

Yes, but 'why' is what I'm wondering. For admin purposes I can see the need to distinguish between the two, but why for rights and responsibilities?
I can think of numerous situations where in the case of a couple something can be done for both by either and they can change their mind which one does it.

They both get PR status, and after the landing either can come and go as they please. Seems a bit fussy to insist on one "through the door" before the other for the landing only.

It's just me and my "just because it's this way doesn't mean it should be" ways

Rebel that I am

lifeisajourney

An update. After lots of talking with both parents, tears, accusations and angst, my dad "landed" in February this year and seems to be here to stay for good (my parents own a house in Canada). My mum then "landed" at the beginning of May and is living with us for a month, then back to the UK to ponder her future. It's very sad and complicated to have your parents split up, no matter what age they are or what age you are. But at least they now both have options for their future, most likely apart rather than as a couple, which was the whole point in sponsoring them in the first place.

crofty82

christmasoompa

Glad to hear he landed and they at least both have some time now to figure out where they want to be.

Hope that their relationship improves, even if just a little bit, to make it easier for you.

Best of luck.

scilly

Glad to hear that they have both landed, and both now have the option of here or there.

What I wanted to say was sometimes splitting up with an older couple seems to result in a better relationship.

My much older brother and his wife (both dead now) fought like the proverbial cats and dogs from the moment they met until one day in the 1980s when his wife walked out and refused to go back. She first got a live-in job, then became live-in carer for one of her parents, and then "inherited" the lease on that council flat when the parent died, being a pensioner herself by that point. Brother continued to live in the marital house. BUT they went out for a meal at least once a week, brother took her shopping on Saturday, and they would go away for weekends together at least once a month. Brother in fact died on one of their weekends away ....... which led to all kinds of jurisdictional problems.

Their relationship for those last 6 or 7 years were better than at any other time.

So there may be hope yet that your parents may learn to live apart but be happy with each other .......... which would be great for you and your family.

Siouxie

So very pleased to hear that both your parents 'landed' in the end... all you can hope for are baby steps towards a more united family in the future. Inviting both of them to childrens birthday parties, Christmas, Easter family gatherings may just give them the push they need to at least tolerate each other for a few hours to start with. Would your parents be willing to perhaps divide the house they both own in Canada or sell it and buy 2 linked properties perhaps... that way they would have their independence but still be available to the whole family. Thinking 'duplex' or similar!

Best of luck and baby steps... don't give up hope that they will be able to reach a point of mutual respect and understanding - if only to attend 'family' gatherings or babysitting

DandNHill

It looks like it's your Mum who is going to be unsettled and unsure of her future. I see you are in Dundas...if she wants to make some friends here I'm sure there will be some of us to plan a get together with her... I always enjoy a good gossip with a fellow Brit! PM if you want to arrange anything.

Pollyana

Guessing a little here, but Australia used to have a similar rule, though it is rarely seen now. The reasoning was that the main applicant is the one who meets the criteria for that visa, everyone else is a dependent, and they do not have to meet all (or sometimes any) of those criteria, they get visas just because they are family. If the main applicant does not enter first then it is possible that the entire family, none of whom actually qualify for that visa themelves, get to enter and have permanent residence while the original applicant just stays n the home country.
Example -father qualifies for the visa through his skills, mother (no Skills) and 6 small children as dependents. Father does not bother to activate his visa, stays at home. The rest of the family move. That results in no gain for the new country except a bunch of children needing schooling and a mother who does not work cos she looks after the younger kids all day. By insisting that the main applicant enters they are going some way to ensuring migrants can support their own families.

Less applicable with parent visas of course, but thats the general thinking behind the rule.

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To the OP - gad you got it sorted in the end