Past undertaking terminated?

[TX-MTL]

Hi!

About 10 years ago I successfully sponsored my ex husband from the USA as a permanent resident of Canada. We had been together for 5 years prior to getting married and him landing in Canada as a PR.

His desire was to attend school in Florida, so about 5 months after landing, my ex husband moved back to the USA to persue a PR status for me in the USA. Sadly however, in the meantime stress and other factors caused a breakdown of the relationship. He and his father withdrew their green card sponsorship of me 4 weeks before my interview date, and we were finally officially divorced in 2010. It’s been many years since that sad and stressful event in my young life, but I now find myself again in a seriously great relationship with a wonderful Texan who agrees with me that we need to be together in life forever.

MY QUESTIONS:

1. Ex husband never collected welfare or anything during his short stint as a Canadian landed immigrant. He left Canada permanently shortly after landing (like, spent less than 6 months here). Is his status considered revoked? If yes, do I have to provide proof of the fact that my undertaking is terminated?

2. Will the fact that I’ve already sponsored a hubby from the USA look “suspicious” to officials? As with my ex, my intentions are true. I’m already amassing evidence of our almost constant daily correspondence, photos, visits etc.

I would be crushed and infuriated if my past heartbreak and relationship failure were to interfere with my dreams of having my true love come to live with me up here. Any input is appreciated. Thank you!

 

[emeritus]

Hi!

About 10 years ago I successfully sponsored my ex husband from the USA as a permanent resident of Canada. We had been together for 5 years prior to getting married and him landing in Canada as a PR.

His desire was to attend school in Florida, so about 5 months after landing, my ex husband moved back to the USA to persue a PR status for me in the USA. Sadly however, in the meantime stress and other factors caused a breakdown of the relationship. He and his father withdrew their green card sponsorship of me 4 weeks before my interview date, and we were finally officially divorced in 2010. It’s been many years since that sad and stressful event in my young life, but I now find myself again in a seriously great relationship with a wonderful Texan who agrees with me that we need to be together in life forever.

MY QUESTIONS:

1. Ex husband never collected welfare or anything during his short stint as a Canadian landed immigrant. He left Canada permanently shortly after landing (like, spent less than 6 months here). Is his status considered revoked? If yes, do I have to provide proof of the fact that my undertaking is terminated?

2. Will the fact that I’ve already sponsored a hubby from the USA look “suspicious” to officials? As with my ex, my intentions are true. I’m already amassing evidence of our almost constant daily correspondence, photos, visits etc.

I would be crushed and infuriated if my past heartbreak and relationship failure were to interfere with my dreams of having my true love come to live with me up here. Any input is appreciated. Thank you!

No, a previous sponsorship undertaking will not affect a new sponsorship. Given that your ex-husband landed 10 years ago, the necessary time to wait before sponsoring again has passed. You will of course have to disclose this past relationship in your future application and that your current partner is aware of it. Your case will be scrutinized more because of this, but there are bigger red flags that could be had. We are just human and our relationships are complicated. Some work, some don't. The officers know that.

Make sure you include the divorce certificate and have all the dates correct. Just because you were able to remarry, doesn't convince the CIC that you have had a legal divorce. Since your ex landed, the sponsorship was completed and cannot be "cancelled or terminated", but given that 10 years have passed, you are no longer responsible for him and he has abandoned PR status. I would make sure he did not reenter and cannot claim anything. Word of advise, be careful who you tell of your intent to sponsor again so that noone can meddle with your case. But I think you should be fine.

 

[JulianaAndrew]

Hi there, again.
1. His status is considered revoked, because he didn't meet the residency obligations (given he was only in Canada as a PR for 6 months). He would have needed to be in Canada as a PR for 3 years out of 5, if I remember correctly. You don't need to provide any proof, when you sponsor your hubby they will be able to see that information in their records. Also, I believe you'll mention it in the forms you fill out anyways.
2. It shouldn't be an issue, nor look suspicious, given that it was a long time ago, and more importantly, a US citizen is rarely a suspect of being in a marriage of convenience with a Canadian, for immigration purposes, because the US has a similar standard of living. So, a US citizen wouldn't gain too much from immigrating to Canada (generally speaking). You really shouldn't worry about this, it won't be an issue for you. Just be honest with everything, and it will be fine.

 

[KBH]

You don’t have anything to worry about. You would still be able to sponsor again even if your ex-husband was still living in Canada as a PR today. As long as three years have past and you are separated, you can sponsor again.

 

[Rob_TO]

Hi there, again.
1. His status is considered revoked, because he didn't meet the residency obligations (given he was only in Canada as a PR for 6 months). He would have needed to be in Canada as a PR for 3 years out of 5, if I remember correctly. You don't need to provide any proof, when you sponsor your hubby they will be able to see that information in their records. Also, I believe you'll mention it in the forms you fill out anyways.
.

This is not correct. Status is not automatically revoked by not meeting the RO. PR status is only revoked if there is an action initiated by CBSA or IRCC due to crossing the border and having RO violation discovered, applying for something with IRCC, etc etc. A US citizen who simply goes back to USA is most likely still a PR no matter the time that has passed.

Regardless, the sponsor undertaking would have ended after 3 years anyways.

And RO requirement is 2 of every 5 years in Canada.

 

[JulianaAndrew]

This is not correct. Status is not automatically revoked by not meeting the RO. PR status is only revoked if there is an action initiated by CBSA or IRCC due to crossing the border and having RO violation discovered, applying for something with IRCC, etc etc. A US citizen who simply goes back to USA is most likely still a PR no matter the time that has passed.

Regardless, the sponsor undertaking would have ended after 3 years anyways.

And RO requirement is 2 of every 5 years in Canada.

Interesting, thank you for correcting me. Is that for US citizens or for everyone? And, is it only if you get caught? I assume you'd have problems entering Canada as a PR without meeting RO, no?

 

[Rob_TO]

Interesting, thank you for correcting me. Is that for US citizens or for everyone? And, is it only if you get caught? I assume you'd have problems entering Canada as a PR without meeting RO, no?

It's for everyone.

Yes, basically you only lose PR status if you're caught. Typically trying to enter Canada without meeting RO will cause CBSA to "catch" you, although since US citizens are visa and eTA exempt they can often sneak back into Canada without being detected as a PR, and could live here 2 years to come back into compliance with the RO and renew their PR cards.

 

[JulianaAndrew]

It's for everyone.

Yes, basically you only lose PR status if you're caught. Typically trying to enter Canada without meeting RO will cause CBSA to "catch" you, although since US citizens are visa and eTA exempt they can often sneak back into Canada without being detected as a PR, and could live here 2 years to come back into compliance with the RO and renew their PR cards.

That is really interesting!

 

[jordo]

I've married twice and sponsored twice. Both are American citizens. I had no issues in the second sponsorship despite a tighter time frame than yours.

The key is to not omit the details CIC will ask for and to show the visa officer your good layers of relationship evidence.

 

[MuhammadS18]

Hi everyone, i have submitted my wife Immigration papers recently in mississauga office and waiting for AOR1 and SA from them, i have been in canada for 3 years in the last 5 years and have no issues whatsoever regarding RO, need to ask, would be an issue if i go back home to stay with my wife after getting AOR1 and SA till my wife get her PR status ? Any response would be appreciated. Thanks

 

[zardoz]

Hi everyone, i have submitted my wife Immigration papers recently in mississauga office and waiting for AOR1 and SA from them, i have been in canada for 3 years in the last 5 years and have no issues whatsoever regarding RO, need to ask, would be an issue if i go back home to stay with my wife after getting AOR1 and SA till my wife get her PR status ? Any response would be appreciated. Thanks

If you are not a Canadian citizen, you MUST reside in Canada during the application process. Leaving Canada is likely to make you ineligible to sponsor and your application could be denied. So, yes, it would be an issue.

 

[MuhammadS18]

Yes i am permanent resident and awaiting my canadian citizenship due this year, i completely understood your point, however need to ask you again what if i go for vacations like 3 to 4 weeks only and will return, would that be an issue too ?

Many thanks for your help indeed. Regards

 

[jordo]

Yes i am permanent resident and awaiting my canadian citizenship due this year, i completely understood your point, however need to ask you again what if i go for vacations like 3 to 4 weeks only and will return, would that be an issue too ?

Many thanks for your help indeed. Regards

Absences from Canada should be limited to 1 or 2 weeks max at a time.

 

[MuhammadS18]

Absences from Canada should be limited to 1 or 2 weeks max at a time.

Would you mind sharing any reference to the above info, appreciated.

 

[zardoz]

Would you mind sharing any reference to the above info, appreciated.

You won't find an official statement of this anywhere. It's really just a matter of common sense. You don't want IRCC to get the idea that you are living outside Canada and more than a couple of weeks is a an unusual vacation time.