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Did I Get Duped?

Wakki

Champion Member
Sep 18, 2017
2,995
606
Hello Wakki,

I need help. How do I withdraw the sponsorship application? Is it possible for me to do so without going through the said lawyer again? I don't even have a single copy of the documents and paperwork he submitted- no references, etc.

Also, could you please kindly elaborate more on your suggestion that I should "travel to Canada temporary to maintain your Permanent Residency Obligation and not loose your PR." Do you mean that I should perhaps consider traveling to Canada as soon as possible before July? Are you sure that withdrawing the sponsorship application timely enough could prevent my PR status from being revoked in case I had mistakenly listed my relative's address in Quebec under "residential address?"
If i got you correctly, the PR sponsorship for your wife has been submitted but you just only have not heard from IRCC or your lawyer regarding the status. PR sponsorship requires patience.

  1. When exactly was the PR sponsorship application received at IRCC ?
  2. Did you receive Acknowledgement of Receipt (AOR 1) from IRCC ?
  3. Have you been asked to submit Police Report or Schedule A form ?

The PR sponsorship application status has no effect on your PR status.
Your PR Status only depends on your physical residency in Canada.

You you must live in Canada physically for at least two years within a five-year period to maintain your PR status.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

Do not withdraw the PR Sponsorship application because it has no impact on your PR Status but rather speak with your lawyer for clarity..........its not good for IRCC to reject your application because of misrepresentation.

Just realized you are a Permanent Resident residing outside Canada and you can’t sponsor someone if you are a permanent resident living outside Canada

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html

Speaking with your lawyer, and consider sponsorship withdrawal and nothing prevents you from re-applying.

Speak with your lawyer, and do what's is in your best interest.

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

Star Member
Sep 26, 2017
59
40
If i got you correctly, the PR sponsorship for your wife has been submitted but you just only have not heard from IRCC or your lawyer regarding the status. PR sponsorship requires patience.

  1. When exactly was the PR sponsorship application received at IRCC ?
  2. Did you receive Acknowledgement of Receipt (AOR 1) from IRCC ?
  3. Have you been asked to submit Police Report or Schedule A form ?

The PR sponsorship application status has no effect on your PR status.
Your PR Status only depends on your physical residency in Canada.

You you must live in Canada physically for at least two years within a five-year period to maintain your PR status.
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=727&top=4

Do not withdraw the PR Sponsorship application because it has no impact on your PR Status but rather speak with your lawyer for clarity..........its not good for IRCC to reject your application because of misrepresentation.

I will advice you ask your lawyer to change and inform IRCC that you reside outside Canada, and work with the lawyer to provide proof that you plan to move to Canada.

After speaking with your lawyer, if you sense your application was not properly presented, consider withdrawal and nothing prevents you from re-applying.

Speak with your lawyer.

Refer IRCC.......Who can become a sponsor......

if you are a Canadian citizen living outside Canada, you must show that you plan to live in Canada when your sponsored relative becomes a permanent resident

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/eligibility.html
This only applies to citizens. OP is a permanent resident.

Right below the part you quoted is the relevant part

  • you can’t sponsor someone if you are a permanent resident living outside Canada
 
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Wakki

Champion Member
Sep 18, 2017
2,995
606
This only applies to citizens. OP is a permanent resident.

Right below the part you quoted is the relevant part

  • you can’t sponsor someone if you are a permanent resident living outside Canada
Thanks.....yes are right, the PR can't sponsor when they reside outside Canada
 

Rob_TO

VIP Member
Nov 7, 2012
11,427
1,551
Toronto
Category........
FAM
Visa Office......
Seoul, Korea
App. Filed.......
13-07-2012
AOR Received.
18-08-2012
File Transfer...
21-08-2012
Med's Done....
Sent with App
Passport Req..
N/R - Exempt
VISA ISSUED...
30-10-2012
LANDED..........
16-11-2012
Rob, I don't remember what I put for residential address. My question nonetheless is, is there a formal procedure that I could follow to request that the IRCC withdraws the sponsorship application? I'm not praying for this but if worst case scenario it happened that I did list my relative's address in Montréal as my curent residential address, how would I then know if IRCC decided to revoke my PR status and ban me from entering into Canada? Would that be by email, letter or rather the humiliation of first entering into the border and then being sent away?
They key part is what you put in for this declaration on the form:
4 - Do you reside in Canada and in no other country?

Could someone kindly give me a link to ask that the sponsorship application for my wife should be withdrawn?
http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=732&top=14

Also as noted, make sure you don't spend 3 years outside Canada since you landed as a PR. Once you do you will be in violation of residency obligation, meaning you're unable to sponsor anyone and a chance your own PR status will be in jeopardy. You need to move back to Canada in plenty of time to satisfy the 2 of 5 years residency rule.

The PR sponsorship application status has no effect on your PR status.
Your PR Status only depends on your physical residency in Canada.
If he submitted false declarations/misrepresentation on his PR sponsorship, then yes it could have a big effect on his own PR status if IRCC finds out about it.

Speaking with your lawyer, and consider sponsorship withdrawal and nothing prevents you from re-applying.

Speak with your lawyer, and do what's is in your best interest.
His lawyer sounds like a complete idiot if he didn't even know a PR must be residing in Canada to sponsor, or he advised to lie about where he was living on the app.
I wouldn't trust anything that lawyer said, and would instead fire him and demand a full refund.
 
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akuma2900

Full Member
Jan 15, 2018
31
0
Thanks to each and every one of you for your helpful advice. I have only made visits to Canada for aa little less than a month in 2015 and 2016 ever since I became a permanent resident in July 2017. My hope is that I could still be in good standing PR status wise if I could travel back to Canada before July of this year and stay put right until my PR card expires in 2020. My fight right now is to try to withdraw the spousal application after having been so tricked by the said lawyer. I have never even received at least an acknowledgement of receipt from immigration ever since the lawyer supposedly submitted the paperwork since between June and August of last year. All he cares about is money.
 

akuma2900

Full Member
Jan 15, 2018
31
0
How do I even succeed to make a withdrawal request when I never saw or received the electronic receipt sent to the IRCC and have no references for the document? And what address should I now use on the form? If I had previously used the Quebec address and now use the one here in my home country, wouldn't it set up confusion?
 

Wakki

Champion Member
Sep 18, 2017
2,995
606
How do I even succeed to make a withdrawal request when I never saw or received the electronic receipt sent to the IRCC and have no references for the document? And what address should I now use on the form? If I had previously used the Quebec address and now use the one here in my home country, wouldn't it set up confusion?
Tell your lawyer you want to withdraw the sponsorship application. Let him know you do not want your sponsorship to be rejected because of misrepresentation and you now know as a PR residing outside Canada you are not eligible to sponsor.

You plan to re-apply later. You paid him to represent you and you have a right to determine if to proceed or not.

Ask the lawyer for the IRCC application reference number.

I guess you will likely not get a refund of what you paid to the lawyer but should get a refund of IRCC fee.

Right of Permanent Residence Fee (RPRF) Refund:
https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/fees/refunds/right-permanent-residence-rprf-refund.html

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

akuma2900

Full Member
Jan 15, 2018
31
0
Thanks so much for this, Wakki. The guy is still not responding to my emails and messages on WhatsApp. How long does it take for a spouse to obtain permanent resident status through family sponsorship on average?
 

Miraclejj

Hero Member
Mar 10, 2017
981
373
Thanks so much for this, Wakki. The guy is still not responding to my emails and messages on WhatsApp. How long does it take for a spouse to obtain permanent resident status through family sponsorship on average?
What you can do is to fire your rep and take back your case into your own hands, and then withdraw your case. Hopefully, senior members of this forum can pitch in and post links of the form that you can fire your rep.

For how long the whole process will be, on average it will between 6 months to a year. The 12 months process time posted by IRCC is a target and estimated time frame for 80% of all cases. For each individual case, it really depends on how strong your case is, how many work loads of your respectful VO has, and varies of other factors. We have evidenced people got their PPR within three months, and also there are 2016 applicants are still waiting.