Sponsorship Withdrawal before Landing

[Galip]

Hello All,

I have a quick question about the sponsorship withdrawal. A friend of mine is in this situation and I couldn't find the answer in the Guidelines.

The relationship between the sponsored person and her sponsor husband is very shaky and the sponsor husband thinks of seperation. However, the applicant got her COPR and her immigrant visa stamped on her passport but she hasn't landed yet.

In this situation is the sponsor husband able to withdraw his sponsorship before she lands?

If yes, where he could send his request letter? To the Visa Office or the Case Processing Centre?

I'll be happy if you answer this question.

Best regards,

 

[PMM]

Hi

Hello All,

I have a quick question about the sponsorship withdrawal. A friend of mine is in this situation and I couldn't find the answer in the Guidelines.

The relationship between the sponsored person and her sponsor husband is very shaky and the sponsor husband thinks of seperation. However, the applicant got her COPR and her immigrant visa stamped on her passport but she hasn't landed yet.

In this situation is the sponsor husband able to withdraw his sponsorship before she lands?

If yes, where he could send his request letter? To the Visa Office or the Case Processing Centre?

I'll be happy if you answer this question.

Best regards,

1. Yes, as long as she hasn't landed. A copy of the letter faxed/emailed to the Visa office and to Mississauga.

 

[Galip]

Hi


1. Yes, as long as she hasn't landed. A copy of the letter faxed/emailed to the Visa office and to Mississauga.

Thank you very much PMM. I have another quick question if you don't mind.

How about the new 2 years conditional PR rule after landing?

If she lands and they divorce after her landing in two years, is the sponsor husband able to withdraw the sponsorship? In this situation does CIC cancel the sponsored wife's Permanent Resident status?

Best regards,

 

[scylla]

If she lands and they divorce after her landing in two years, is the sponsor husband able to withdraw the sponsorship? In this situation does CIC cancel the sponsored wife's Permanent Resident status?

No - he's not able to withdraw his sponsorship after she lands. And no - CIC will not cancel the sponsored wife's PR status. Conditional PR only applies to applications submitted on/after Oct 25, 2012.

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

 

[hardtowait]

scylla is right!

 

[PMM]

Hi

No - he's not able to withdraw his sponsorship after she lands. And no - CIC will not cancel the sponsored wife's PR status. Conditional PR only applies to applications submitted on/after Oct 25, 2012.

http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

Although if they don't live together, and he reports her, there is a good chance CBSA will look on it as a MOC and report her misrepresentation.

 

[tuyen]

I have a quick question about the sponsorship withdrawal. A friend of mine is in this situation and I couldn't find the answer in the Guidelines.

Unfortunately for your friend, it's too late to change his mind at this point.

The answer can be found in the Sponsorship Guide.

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.

The relationship between the sponsored person and her sponsor husband is very shaky and the sponsor husband thinks of seperation. However, the applicant got her COPR and her immigrant visa stamped on her passport but she hasn't landed yet.

In this situation is the sponsor husband able to withdraw his sponsorship before she lands?

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

 

[rjessome]

Hi


Although if they don't live together, and he reports her, there is a good chance CBSA will look on it as a MOC and report her misrepresentation.

This is right. Sponsorship cannot be withdrawn. The only hope the sponsor would have is if he/she advises CBSA that they havebecome aware that the applicant committed fraud by only marrying him/her to gain entry into Canada, they discovered this after the PR visa was issued, tried to withdraw sponsorship but it was too late, and request that CBSA refuse to “land” the applicant, but instead issue an A44 report under Section 40 or 41 of the Act, or both, whichever applies in this situation. This may or may not work. I’ve heard of one case where it didn’t and one case where it did.

 

[Galip]

Unfortunately for your friend, it's too late to change his mind at this point.

The answer can be found in the Sponsorship Guide.

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

Thank you Tuyen.

This is the most correct information I guess. I see that once COPR and the visa is issued right after the Visa Office completes the process. Even if the partners seperate or divorce before landing nothings changes. It's not very logical and it could be used by spousal sponsorhip fraud people. They should complete the case after landing.

 

[canadianwoman]

When you land, though, you are supposed to report any changes in your circumstances (actually, even before you land). So since they are now separated, wouldn't the applicant have to report this to the visa office, or at least on landing? In which case either the PR visa will be withdrawn, or they won't let her land.
And there was a case like this last year - the Canadian husband sponsor informed CIC he was withdrawing sponsorship, but the wife already had the PR visa and came to Canada anyway (from Pakistan). The border agents would not let her land, and she ended up returning to Pakistan.

I am not sure about this, and would defer to rjessome, PMM, and tuyen, but I do remember that case. Have the rules changed?

 

[PMM]

Hi

Thank you Tuyen.

This is the most correct information I guess. I see that once COPR and the visa is issued right after the Visa Office completes the process. Even if the partners seperate or divorce before landing nothings changes. It's not very logical and it could be used by spousal sponsorhip fraud people. They should complete the case after landing.

Except the Federal Court has ruled that the application commences at the moment it is submitted and that application is still in process until the person "lands" at a Port of Entry"

1. http://decisions.fct-cf.gc.ca/en/2008/2008fc997/2008fc997.html

 

[saint4peace]

Hi PMM: I tried to PM you but it seems your mailbox is FULL. I wanted to know if someone might get 2nd request for "FingerPrinting" by CIC. Like 1st time it was right after Citizenship Test, and 2nd time was with RQ letter and the exact same letter for doing FP again. Does it make sense to you? Or it could be mistaken by CIC? Please advise. or PM me please.

 

[PMM]

Hi

Hi PMM: I tried to PM you but it seems your mailbox is FULL. I wanted to know if someone might get 2nd request for "FingerPrinting" by CIC. Like 1st time it was right after Citizenship Test, and 2nd time was with RQ letter and the exact same letter for doing FP again. Does it make sense to you? Or it could be mistaken by CIC? Please advise. or PM me please.

Pretty unusual, doesn't make sense, especially if you sent the FP prints in the first time. I would "bite the bulletin" and go to one of the approved digital fingerprinters for CIC, Corp of Commissionaires http://www.cic.gc.ca/english/citizenship/fingerprint.asp for the list

 

[tuyen]

Except the Federal Court has ruled that the application commences at the moment it is submitted and that application is still in process until the person "lands" at a Port of Entry"

1. http://decisions.fct-cf.gc.ca/en/2008/2008fc997/2008fc997.html

That case that you referenced involved an applicant who has not yet received his PR visa, therefore it was perfectly within CIC's jurisdiction to cancel his application altogether.

But the matter at hand is of a very different nature, whereby the applicant has already been issued a visa.

Also, I don't see anything in that ruling which states that an application is considered to be in process until landing.

 

[truesmile]

Neither do I. A nice read (not too long), mind you the outcome was not surprising.