Cancellation of PR through spousal

[SIG]

This is not a question I would like to ask and it's heartbreaking but how does one go about cancelling permanent residency? The status says Decision Made and that correspondence will be mailed so is it still okay to proceed with request to not finalize PR.
No children together and we are not married. Applicant here since Sep 2011. Long distance for 2 years priors to that. (just a few visits here)
I saw it coming but I didn't believe it. Now the applicant doesn't want this (funny how it all came out the day the status was updated) and I need to protect myself.
Any advise would be great appreciated

 

[mrFoce]

This is not a question I would like to ask and it's heartbreaking but how does one go about cancelling permanent residency? The status says Decision Made and that correspondence will be mailed so is it still okay to proceed with request to not finalize PR.
No children together and we are not married. Applicant here since Sep 2011. Long distance for 2 years priors to that. (just a few visits here)
I saw it coming but I didn't believe it. Now the applicant doesn't want this (funny how it all came out the day the status was updated) and I need to protect myself.
Any advise would be great appreciated

After decission made there is nothing you can do. Even if the PA and spouse break-up\divorce, at that point they are separate applications and the PA still has to fulfill the sponser requirements.

Unless the PA can show that the 'spouse' was fraudulant (read about that here http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp), there is no way to cancel the application.

 

[screech339]

This is not a question I would like to ask and it's heartbreaking but how does one go about cancelling permanent residency? The status says Decision Made and that correspondence will be mailed so is it still okay to proceed with request to not finalize PR.
No children together and we are not married. Applicant here since Sep 2011. Long distance for 2 years priors to that. (just a few visits here)
I saw it coming but I didn't believe it. Now the applicant doesn't want this (funny how it all came out the day the status was updated) and I need to protect myself.
Any advise would be great appreciated

Assuming you applied inland, I would suggest that you call CIC and tell them you want to cancel the sponsorship. They will update the info as soon as possible. The applicant cannot land inside Canada and get PR status without you showing up.

Once the applicant gets an email from CIC stating that the sponsorship is refused, depending on the applicant's visa. If he/she is under implied status, he/she must leave the moment CIC emailed the applicant that the sponsorship is refused. If applicant has legal visa, ie work, visitor, study visa, he/she can only remain in Canada until visa expires.

If this is done through outland, I am not sure how to proceed with it. Call CIC and explain the situation and see what options you have. The applicant could land in Canada without you knowing it since you are not required to be present at landing.

Screech339

 

[Rob_TO]

After decission made there is nothing you can do. Even if the PA and spouse break-up\divorce, at that point they are separate applications and the PA still has to fulfill the sponser requirements.

Unless the PA can show that the 'spouse' was fraudulant (read about that here http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp), there is no way to cancel the application.

This is not true. Sponsorship can be cancelled right up until the landing date. It is the duty of the applicant to declare if their relationship status has changed when doing the landing interview. If they are no longer in a common-law relationship and the applicant's status is now "single", then the COPR conditions will have changed and COPR should be voided.

If the sponsor informs CIC of this before the applicant lands, then the applicant would be denied PR status when they try to land even if they don't volunteer the info that they broke up with the sponsor (assuming enough time is given to get the info available into the computer system the immigration officer at border or airport will use). It doesn't matter if visa or COPR has already been issued.

 

[SIG]

I would suggest that you call CIC and tell them you want to cancel the sponsorship. They will update the info as soon as possible. Besides the applicant cannot land and get PR status without you showing up.

Once the applicant gets an email from CIC stating that the sponsorship is refused, depending on the applicant's visa. If he/she is under implied status, he/she must leave the moment CIC emailed the applicant that the sponsorship is refused. If applicant has legal visa, ie work, visitor, study visa, he/she can only remain in Canada until visa expires.

Screech339

Thank you so much! That makes me feel much better. I didn't know that I had to be with the applicant and yes the applicant is here only under implied. What a relief.

 

[mrFoce]

This is not true. Sponsorship can be cancelled right up until the landing date. It is the duty of the applicant to declare if their relationship status has changed when doing the landing interview. If they are no longer in a common-law relationship and the applicant's status is now "single", then the COPR conditions will have changed and COPR should be voided.

If the sponsor informs CIC of this before the applicant lands, then the applicant would be denied PR status when they try to land even if they don't volunteer the info that they broke up with the sponsor (assuming enough time if given to get the info available into the computer system the immigration officer at border or airport will use). It doesn't matter if visa or COPR has already been issued.

Alright, I 'll take your word for it. That's not what I heard about this, but I cannot recall my resource anymore. Do you've a resource for this as I can't seem to find mine anymore.

 

[screech339]

Thank you so much! That makes me feel much better. I didn't know that I had to be with the applicant and yes the applicant is here only under implied. What a relief.

No problem. Since it is done inland, I had an applicant on my time sheet that gotten sponsorship refusal after applicant got DM status but hasn't landed yet. The sponsor withdrew the application by mistake even after applicant recieved DM.

Screech339

 

[SIG]

This is not true. Sponsorship can be cancelled right up until the landing date. It is the duty of the applicant to declare if their relationship status has changed when doing the landing interview. If they are no longer in a common-law relationship and the applicant's status is now "single", then the COPR conditions will have changed and COPR should be voided.

If the sponsor informs CIC of this before the applicant lands, then the applicant would be denied PR status when they try to land even if they don't volunteer the info that they broke up with the sponsor (assuming enough time if given to get the info available into the computer system the immigration officer at border or airport will use). It doesn't matter if visa or COPR has already been issued.

This too is good news!
Thank you so much.

 

[Rob_TO]

Alright, I 'll take your word for it. That's not what I heard about this, but I cannot recall my resource anymore. Do you've a resource for this as I can't seem to find mine anymore.

A few cases on this forum: http://www.canadavisa.com/canada-immigration-discussion-board/sponsorship-withdrawal-before-landing-t125624.0.html;msg2157795#msg2157795

Of course lots of this requires the border services officers to act accordingly.

 

[mrFoce]

A few cases on this forum: http://www.canadavisa.com/canada-immigration-discussion-board/sponsorship-withdrawal-before-landing-t125624.0.html;msg2157795#msg2157795

Of course lots of this requires the border services officers to act accordingly.

Thanks for this link, but it seems to support my story? This guy reported her for marriage fraud, which is an exception.

CIC did not accepted my withdrawal stating that i am still bound because a COPR was already issued to her.

May I cancel my undertaking?

If you change your mind about sponsoring your spouse, common-law partner, conjugal partner or dependent children, you must inform CPC-M at CPCM-EXTCOM @ cic.gc.ca of your decision to withdraw your undertaking before the visa office issues permanent resident visas. You must clearly state your name, date of birth and Universal Client Identification (UCI) /Client ID number, if know, in all correspondences.

Once permanent resident visas are issued, the promise you and your co-signer, if applicable, made to support your family is valid for the term of your undertaking.

According to the sponsorship guide, it's too late for him to withdraw the sponsorship. It doesn't matter if she landed or didn't land - what matters is that the sponsorship was approved and the visa has already been issued.

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

Seem to confirm my thoughts on it?

 

[Rob_TO]

Thanks for this link, but it seems to support my story? This guy reported her for marriage fraud, which is an exception.

Seem to confirm my thoughts on it?

No, in all the cases there even though the COPR was issued, border services denied the applicant their PR status. They either allowed them in only as visitor, or forced them to turn back home.

Not sure how important it is if you state the reason is misrepresentation or due to relationship breakdown. It's not like CIC does an investigation as they need to act quickly, so one could just state they suspect misrepresentation so that is the reason for the cancelled sponsorship.

Anyways this is for outland only. The OP here applied inland, so the process to cancel after DM is much easier.

 

[SIG]

Although the applicant is here, just on implied visitor status, it is an outland application. I'll be sure to send an email and will advise you of what they suggest or the rules are.
I cannot see CIC allowing PR through family sponsorship go through if the applicant has made it clear the desire to be here or with me is no longer a priority.
Thank you everyone for sharing your knowledge.

 

[Rob_TO]

Although the applicant is here, just on implied visitor status, it is an outland application. I'll be sure to send an email and will advise you of what they suggest or the rules are.
I cannot see CIC allowing PR through family sponsorship go through if the applicant has made it clear the desire to be here or with me is no longer a priority.
Thank you everyone for sharing your knowledge.

There is no such thing as implied status with an outland application, unless he is in the process of applying for some other kind of visitor/study/work permit and is currently awaiting a response.

 

[Alurra71]

I might be way off base here, but the sponsor is the OP and the applicant no longer wants to be here, so even if the sponsor does not contact CIC, if the applicant never uses the COPR and does not 'land' before expriy, then it's irrelevant. Also, with the new 'conditional' PR wouldn't that imply that if the applicant did somehow manage to land and then the sponsor contacted CIC after that fact, the conditions would kick in and the applicant would then be removed, correct?

 

[screech339]

Although the applicant is here, just on implied visitor status, it is an outland application. I'll be sure to send an email and will advise you of what they suggest or the rules are.
I cannot see CIC allowing PR through family sponsorship go through if the applicant has made it clear the desire to be here or with me is no longer a priority.
Thank you everyone for sharing your knowledge.

Since your application is an outland process, the applicant cannot have "implied visitor status". Implied visitor status are only for inland applicants. So unless the applicant applied for visitor extension before 6 months has expíred. The applicant would be on "implied status" awaiting extension permit. Otherwise if the applicant has not applied to extend assuming he/she get implied status as visitor, he/she is in canada illegally.

Screech339