Cancellation of PR through spousal

[Rob_TO]

if the applicant never uses the COPR and does not 'land' before expriy, then it's irrelevant.

Yes, but who would want to take that risk. Applicant may change their mind in the near future while the COPR is still valid, and attempt to land and get PR status for some other reason, in which case the sponsor would be on the hook. Best to inform CIC of the breakdown in relationship and see if they can block the person from landing in case they try.

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?

Based on the OPs previous posts, I think they mailed the PR app before the Oct 25, 2012 initiation date of the conditional PR program, so the applicant would have full PR status if he lands.

 

[Alurra71]

well, if it is prior to the october cutoff, it can't be by much since they are not married and only would've qualified for common law in Sept 2012

 

[SIG]

It is confusing isn't it.
There is an extension as visitor until early next year. Technically the applicant is a visitor. Application is outland.
I was unaware of the "landing" part. I thought once a decision was made it was final. Permanent residency was valid and complete.

My concern is if he/she was to leave and if he/she tries to come back to Canada, is this possible? Will he/she be living in this country, without my knowledge and duping the system and me.

And yes, one year commonlaw came into affect September 2012.

Also, since applicant is here, how will the applicant land? From the homeland or as simple as crossing the border?

 

[Alurra71]

It is confusing isn't it.
There is an extension as visitor until early next year. Technically the applicant is a visitor. Application is outland.
I was unaware of the "landing" part. I thought once a decision was made it was final. Permanent residency was valid and complete.

My concern is if he/she was to leave and if he/she tries to come back to Canada, is this possible? Will he/she be living in this country, without my knowledge and duping the system and me.

No no, after the decision has been made, the outland applicant will then receive a COPR in the mail at the address they provided. They would then take that document along with the necessary ID and take it to a border crossing. After the COPR is signed and what not, they would THEN be a landed immigrant.

Someone mentioned needing to take your sponsor with you, however, I don't think this applies for those who apply outland, least as far as I've read. Many folks land without their sponsors from an outland application.

One other thing, when was your initial application received by CIC?

 

[Rob_TO]

It is confusing isn't it.
There is an extension as visitor until early next year. Technically the applicant is a visitor. Application is outland.
I was unaware of the "landing" part. I thought once a decision was made it was final. Permanent residency was valid and complete.

My concern is if he/she was to leave and if he/she tries to come back to Canada, is this possible? Will he/she be living in this country, without my knowledge and duping the system and me.

If he got a visitor status extension then that is real status... not implied.

What date did you submit the application to CPC-Mississauga?

And yes, he could try to "land" to become PR, and dupe the system. That's why you need to cancel your sponsorship asap and inform CIC he is now single. Hopefully in this case if he tried to land, he will be denied PR.

It will probably also be good to tell your ex that you've cancelled sponsorship and informed border services, so he will be aware he could be rejected at the border if he tried to use his COPR. Best he doesn't even try.

 

[SIG]

No no, after the decision has been made, the outland applicant will then receive a COPR in the mail at the address they provided. They would then take that document along with the necessary ID and take it to a border crossing. After the COPR is signed and what not, they would THEN be a landed immigrant.

Someone mentioned needing to take your sponsor with you, however, I don't think this applies for those who apply outland, least as far as I've read. Many folks land without their sponsors from an outland application.

One other thing, when was your initial application received by CIC?

Intial application; Sponsorship was approved April 16, 2013. PR application received March 22/13 and Decision Made status Nov 11/13.

 

[Alurra71]

That definitely changes it to a 'conditional PR' stance since it was after Oct 2012.

Rob? What happens to an applicant/sponsor if the relationship breaks down before those conditional 2 years are up?

I know it exists, hell, I will also be subject to it once mine application is finalized, but I have NO IDEA what it means. LOL

 

[screech339]

Intial application; Sponsorship was approved April 16, 2013. PR application received March 22/13 and Decision Made status Nov 11/13.

Assuming the april 16, 2013 is the 1 month sponsorship approval 1st stage, then CIC has received the application long after the oct 25 2012 deadline for 2 year conditional PR. Had the PR followed through, the PR status can be pulled and cancelled.

Screech339

 

[Rob_TO]

That definitely changes it to a 'conditional PR' stance since it was after Oct 2012.

Rob? What happens to an applicant/sponsor if the relationship breaks down before those conditional 2 years are up?

I know it exists, hell, I will also be subject to it once mine application is finalized, but I have NO IDEA what it means. LOL

Yep definitely conditional.

Even if he tried to land, and got PR... sponsor could just report breakdown in the relationship and they are not living together, so his PR would be reviewed and hopefully revoked. However as this is a new rule, nobody really knows how it will be enforced. Also if a PR really wants to stay in Canada desperately, they can lie and try to claim the sponsor somehow abused them, which negates the conditional aspect of it. It's all a grey area that will be tested over the next few years.

It's still best to report the relationship breakdown asap though! Best to ensure he doesn't land in the first place.

 

[RajaJi]

Intial application; Sponsorship was approved April 16, 2013. PR application received March 22/13 and Decision Made status Nov 11/13.

Information from CIC website:
http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

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.

 

[mikeymyke]

Hey you should tell your spouse that she's going to be deported soon, and tell us how her reaction is. Rub it in her face as much as you can, "You can't live in Canada, you can't live in Canada". Make her feel as bad as possible for using you to come here.

 

[PMM]

Hi

Information from CIC website:
http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

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.

That is what CIC says, before the PRV is issued, but the Federal Court has defined the application/sponsor is until the person "lands" meaning the sponsorship can be withdraw up to the point the applicant is actually "landed"


From the Federal Court of Appeal http://decisions.fca-caf.gc.ca/site/fca-caf/decisions/en/item/33803/index.do which defines application, it applies to all Immigration applications not just spousal.

[51] I would therefore answer the second certified question as follows: the phrase "at the time of that application" in paragraph 117(9)(d) of the Regulations contemplates the life of the application from the time when it is initiated by the filing of the authorized form to the time when permanent resident status is granted at a port of entry.

 

[RajaJi]

Hey you should tell your spouse that she's going to be deported soon, and tell us how her reaction is. Rub it in her face as much as you can, "You can't live in Canada, you can't live in Canada". Make her feel as bad as possible for using you to come here.

I will not recommend doing so. It can be considered as an abuse. http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp Since there is a change in relationship, reporting it to CIC is the proper way.

 

[mikeymyke]

Actually you're right, by doing so, it will have the opposite effect, as it will likely make the government offer her a PR because she's a "victim of abuse"

Oh well, at least you can send her a good bye card or something

 

[SIG]

Good morning everyone and thank you!
I actually slept better last night, knowing I can still nip this in the butt now. A shocking, hurtful and sad situation to be in but life goes on. On a more personal note..if it can get...my parents are immigrants, came here on their own and made it on their own so I know what it means to be a proud Canadian. If some person isn't here for the right reasons or playing games or cutting up this wonderful country, no need to allow these people to even walk on this soil. So frustrating!
I will try to get to the correct forms and contact information asap.

Have a great day all.