Is it too late?

[sad.panda]

I'm sponsoring my spouse.
The process has been completed. My spouse mailed in a copy of their passport the other day and CIC has it but our marriage is not working. My spouse is all set up here with a job and an apartment when they land. Just waiting now for the copr which will come to me directly. I see on our spreadsheet there is about a month delay for passport received for usa PA. The deadline to submit the passport has passed.
Is it too late for me to notify CIC of the breakdown? I don't want my spouse here
the tracking has not been activated yet

 

[Sous02]

never too late but please be certain about what you are about to do.

 

[Miraclejj]

I'm sponsoring my spouse.
The process has been completed. My spouse mailed in a copy of their passport the other day and CIC has it but our marriage is not working. My spouse is all set up here with a job and an apartment when they land. Just waiting now for the copr which will come to me directly. I see on our spreadsheet there is about a month delay for passport received for usa PA. The deadline to submit the passport has passed.
Is it too late for me to notify CIC of the breakdown? I don't want my spouse here
the tracking has not been activated yet

Yes, it is too late. The sponsor can willfully withdraw the sponsorship at anytime ONLY before the decision is made. Now since the decision is made, there isn't anything you can do. It is final. Unless you have hard evidences to show that your marriage is either fake or a marriage of convenience, then what you can do is to file a report to CIC. Again, even you filed the report, it is still the discretion of CIC to decide to either launch an investigation, or not to do anything at all. Either way, you cannot stop your husband landing as a PR of Canada.

Well, that is one of the side efforts to remove the conditional PR status, unfortunately.

 

[Wonderland_1010]

[

I'm sponsoring my spouse.
The process has been completed. My spouse mailed in a copy of their passport the other day and CIC has it but our marriage is not working. My spouse is all set up here with a job and an apartment when they land. Just waiting now for the copr which will come to me directly. I see on our spreadsheet there is about a month delay for passport received for usa PA. The deadline to submit the passport has passed.
Is it too late for me to notify CIC of the breakdown? I don't want my spouse here
the tracking has not been activated yet

Yes, it is too late. The sponsor can willfully withdraw the sponsorship at anytime ONLY before the decision is made. Now since the decision is made, there isn't anything you can do. It is final. Unless you have hard evidences to show that your marriage is either fake or a marriage of convenience, then what you can do is to file a report to CIC. Again, even you filed the report, it is still the discretion of CIC to decide to either launch an investigation, or not to do anything at all. Either way, you cannot stop your husband landing as a PR of Canada.

Well, that is one of the side efforts to remove the conditional PR status, unfortunately.

Actually as long your spouse hasn't done the landing procedures, you can always inform CIC about withdrawing your spouse. They aren't considered PR until they land.

 

[Miraclejj]

[




Actually as long your spouse hasn't done the landing procedures, you can always inform CIC about withdrawing your spouse. They aren't considered PR until they land.

I guess you are right about it partially . Sorry for the wrong info I stated above.
"You may only withdraw your application before the Visa has been issued. There are no refunds after processing has started."

 

[Rob_TO]

Yes, it is too late. The sponsor can willfully withdraw the sponsorship at anytime ONLY before the decision is made. Now since the decision is made, there isn't anything you can do. It is final. Unless you have hard evidences to show that your marriage is either fake or a marriage of convenience, then what you can do is to file a report to CIC. Again, even you filed the report, it is still the discretion of CIC to decide to either launch an investigation, or not to do anything at all. Either way, you cannot stop your husband landing as a PR of Canada.

Well, that is one of the side efforts to remove the conditional PR status, unfortunately.

No, the sponsor can attempt to cancel their sponsorship at anytime before the applicant has actually landed as a PR.

There was another case where an applicant already had their COPR in hand, sponsor cancelled their sponsorship by contacting both IRCC and CBSA, and when the applicant tried to do their landing CBSA saw the cancellation on their records and denied the PR landing.

Of course once an applicant gets their COPR, it becomes harder to cancel since CBSA may not get the message in time and if PR does the landing it would be too late. Of course in this case, the sponsor could show proof they initiated official separation process before the landing, which is a major change in circumstances and should have been mentioned by the applicant.

 

[Miraclejj]

No, the sponsor can attempt to cancel their sponsorship at anytime before the applicant has actually landed as a PR.

There was another case where an applicant already had their COPR in hand, sponsor cancelled their sponsorship by contacting both IRCC and CBSA, and when the applicant tried to do their landing CBSA saw the cancellation on their records and denied the PR landing.

Well, the diagram on my ECAS account says differently.
"You may only withdraw your application before the Visa has been issued. There are no refunds after processing has started."

But it is only on the wording, maybe in the reality, that is how CBSA and CIC deal with this kind of issue that the application can be cancelled at any time before landing.

 

[scylla]

Yes, it is too late. The sponsor can willfully withdraw the sponsorship at anytime ONLY before the decision is made. Now since the decision is made, there isn't anything you can do. It is final. Unless you have hard evidences to show that your marriage is either fake or a marriage of convenience, then what you can do is to file a report to CIC. Again, even you filed the report, it is still the discretion of CIC to decide to either launch an investigation, or not to do anything at all. Either way, you cannot stop your husband landing as a PR of Canada.

Well, that is one of the side efforts to remove the conditional PR status, unfortunately.

That's not true. It's never too late until the spouse lands. We've seen cases here where sponsored successfully canceled the visa after the COPR was issued but before the applicant landed in Canada. OP should notify the visa office ASAP.

 

[KBH]

It sounds like OP will have the upper hand since the COPR is coming directly to them in the mail and not to the PA.

 

[YVR123]

Well, the diagram on my ECAS account says differently.
"You may only withdraw your application before the Visa has been issued. There are no refunds after processing has started."

But it is only on the wording, maybe in the reality, that is how CBSA and CIC deal with this kind of issue that the application can be cancelled at any time before landing.

OP may not be looking into refund. He/she may be more concern on the 3 years obligation for the spouse after PR.

 

[Miraclejj]

OP may not be looking into refund. He/she may be more concern on the 3 years obligation for the spouse after PR.

I just copied the whole sentence. I am aware that the whole thing is about when a sponsor can withdraw the application, not the refund part.

 

[YVR123]

I just copied the whole sentence. I am aware that the whole thing is about when a sponsor can withdraw the application, not the refund part.

So it may be too late to "withdraw the application". But OP can still do something to stop the PR landing.

 

[Rob_TO]

Well, the diagram on my ECAS account says differently.
"You may only withdraw your application before the Visa has been issued. There are no refunds after processing has started."

But it is only on the wording, maybe in the reality, that is how CBSA and CIC deal with this kind of issue that the application can be cancelled at any time before landing.

At this point they are not really withdrawing the app, as the app has already been approved. Now they are effectively cancelling their sponsorship.

Also it's not clear what "visa has been issued" means. Many visa-exempt applicants don't even need a PR visa. So maybe Visa = COPR? Or maybe Visa = landing as a PR?

Semantics are not clear from IRCC, but rest assured it has been done previously so is definitely possible.

 

[Miraclejj]

At this point they are not really withdrawing the app, as the app has already been approved. Now they are effectively cancelling their sponsorship.

Also it's not clear what "visa has been issued" means. Many visa-exempt applicants don't even need a PR visa. So maybe Visa = COPR? Or maybe Visa = landing as a PR?

Semantics are not clear from IRCC, but rest assured it has been done previously so is definitely possible.

My spousal application is pending, so the diagram is about outland spousal application process, and the VISA here is obviously COPR. And since their COPR hasn't been issued, I guess she still can withdraw their application.

 

[canuck_in_uk]

A sponsorship application can be cancelled up until the applicant actually lands as a PR.

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=732&top=14

If your sponsored relative becomes a permanent resident before we get your cancellation request, we can’t cancel your application.