How to cancel my husband's dependent children's sponsorshi[

[LaLaLander]

My husband left hist native country more than twenty years ago, obtained citizenship and lived in a third country before coming to Canada in 2009. We got married more than two years ago and I am sponsoring him under the Family/Sponsor class. He already has AIP and an OWP. The problem is his 22 year old daughter, who still lives in the original country. She is not at all co-operative with either us or the embassy, and she is slowing down the process by not doing what she is required to do. (ie. medical, backround check, etc). At the beginning of the process (almost a year ago), she did not do anything, because she stated she did not want to come to canada unless I sponsor her boyfriend too. Since then, she had a child from the boyfriend (which slowed down the process again, as now the newborn had to be included in the sponsorship) and now, she is contemplating coming to Canada after all. However, she still does not do what she needs to do. On top of it all, this girl hates me (the new wife of her father) with a passion. She does not talk to me, unless it is to ask for money. When I post a photo of my husband and my family on facebook, she posts offending comments. She posts photos of my husband's ex on my husband's profile,e tc, etc. It is a nightmare and frankly, if I was resentful for having to have her included in the application at the beginning, I am straight fearful of her coming to Canada now. On the one hand, I am encouraging her to do what she needs to do, so that my husband's file can be finalized, on the other hand, I have nightmares of her getting her visa, showing up at the airport, and me having to be responsible for her and her dependent child for years to come. Can I cancel her sponsorship and exclude her from the sponsorship of my husband without this affecting my husband's application? If yes, how do I go about it?

 

[OhCanadiana]

My husband left hist native country more than twenty years ago, obtained citizenship and lived in a third country before coming to Canada in 2009. We got married more than two years ago and I am sponsoring him under the Family/Sponsor class. He already has AIP and an OWP. The problem is his 22 year old daughter, who still lives in the original country. She is not at all co-operative with either us or the embassy, and she is slowing down the process by not doing what she is required to do. (ie. medical, backround check, etc). At the beginning of the process (almost a year ago), she did not do anything, because she stated she did not want to come to canada unless I sponsor her boyfriend too. Since then, she had a child from the boyfriend (which slowed down the process again, as now the newborn had to be included in the sponsorship) and now, she is contemplating coming to Canada after all. However, she still does not do what she needs to do. On top of it all, this girl hates me (the new wife of her father) with a passion. She does not talk to me, unless it is to ask for money. When I post a photo of my husband and my family on facebook, she posts offending comments. She posts photos of my husband's ex on my husband's profile,e tc, etc. It is a nightmare and frankly, if I was resentful for having to have her included in the application at the beginning, I am straight fearful of her coming to Canada now. On the one hand, I am encouraging her to do what she needs to do, so that my husband's file can be finalized, on the other hand, I have nightmares of her getting her visa, showing up at the airport, and me having to be responsible for her and her dependent child for years to come. Can I cancel her sponsorship and exclude her from the sponsorship of my husband without this affecting my husband's application? If yes, how do I go about it?

Hi - sorry to hear about the challenging situation you have faced.

To answer your question: yes, you may cancel her sponsorship up until the day her visa is issued. I'd reach out both to the visa office (through case specific inquiry for your visa office at http://www.cic.gc.ca/english/information/offices/missions.asp) since it sounds like your application is already at the visa office. I'd also cc Mississauga at the official e-mail address they provide in the instruction manual (CPCM-EXTCOM @ cic.gc.ca) so you cover all the bases.

HOWEVER: Please think through this decision very carefully: if you decide not to include her in the application, neither you nor her father will ever be able to sponsor her to move to Canada (even if she matures and fences are mended). If you are able to include her on the application but not sponsor her, she'd still need to cooperate with any checks the visa office needs to do.

Also may be worth considering, for example, how responsible will you (and her father) be for her even if she doesn't move.

That all being said, if she is living with her boyfriend (it doesn't sound like they are but your post is vague on this subject) then she may not qualify as a dependent since she'd be in a common-law relationship.

Please read the below:

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 begins to process the permanent resident application or 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.

Length of Undertaking

Your obligations as a sponsor begin when your family members enter Canada to remain as permanent residents. The table below will help you determine how long your undertaking will be valid.
Spouse or your common-law or conjugal partner

Length of undertaking is three years after that person becomes a permanent resident.
Dependent child or a dependent child of your spouse, common-law or conjugal partner and is 22 years of age or over on the day he or she becomes a permanent resident

Length of undertaking is three years after that child becomes a permanent resident.

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

 

[LaLaLander]

No, she is not in a common law relationship, at least she claims she is not, and we have no way to confirm this.
You are right, I am very reluctant to cancel her sponsorship altogether, as people DO mature sometimes. However, I have nightmares of her getting her visa and showing up at the airport with child(ren) in tow, and me having to be responsible for her for who knows how long. There is a chance she will get pregnant again and I am going to be adding new dependants of dependant children from now to eternity. I also have nightmares of her NOT complying and my husband's application being cancelled and/or going on forever.

As for us being responsible for her if she does not come: as per the law of her country, my husband has not been responsible since she turned 18. However, my husband and I have always and will always support her, (i.e. we pay for her schooling and send money for her and her child regularly) out of the sense of responsibility as parents.

At this point, this is starting to have a strain on my relationship with my husband, as frankly, I am not happy about being held hostage by an immature 22 year old.

 

[OhCanadiana]

No, she is not in a common law relationship, at least she claims she is not, and we have no way to confirm this.

This means you still have a hard decision on your hands (she's still eligible)

You are right, I am very reluctant to cancel her sponsorship altogether, as people DO mature sometimes.

I imagine this must be very difficult decision, escalated by the difficult situation

However, I have nightmares of her getting her visa and showing up at the airport with child(ren) in tow, and me having to be responsible for her for who knows how long. There is a chance she will get pregnant again and I am going to be adding new dependants of dependant children from now to eternity. I also have nightmares of her NOT complying and my husband's application being cancelled and/or going on forever.

As for us being responsible for her if she does not come: as per the law of her country, my husband has not been responsible since she turned 18. However, my husband and I have always and will always support her, (i.e. we pay for her schooling and send money for her and her child regularly) out of the sense of responsibility as parents.

Understood the first part; my point was more the latter - if you'll support her anyway as parents (good for you for being a loving Mother even when it's super hard!) then you are formalizing a portion of the support for the next 3 years. Scary, perhaps, due to the formality thereof but not something you're not doing anyway. So, the question then becomes is it worth closing the door on her ever being able to move (unless she qualifies on her own as skilled worker or ends up marrying a Canadian)? Are there creative solutions that are worth exploring (e.g., establishing very clear rules for when she moves to Canada to have a fresh start that will set her on the path you and her Father believe makes sense (chance to 'start over' so to speak), having her land but not move until she achieves certain milestones - you may have some leverage here (rare for a 22 year old) as it sounds like you and her Father pay the bills and like she wants to immigrate and some degrees of freedom since maintaining PR status only requires her to be in Canada 2 out of 5 years)?

At this point, this is starting to have a strain on my relationship with my husband, as frankly, I am not happy about being held hostage by an immature 22 year old.

Perhaps it's time to have a conversation with him to see how you can try to work through this together and not make a very difficult process even harder on each other.

Good luck as you figure out what you want to do. Whatever the answer is hopefully feels right to you.

 

[GetUsHome]

I am an evil step-mother that kicked the kid out of the house, cancelled his immigration and am making him pay his school tuition back. Best thing we ever did for him. If he wants to come then he has to earn it himself.

If you toss her off the application don't feel bad about it.