Sponsorship withdrawal? Conditional PR? What if spouse doesn't sign?

[poeticaesthetic]

No, that's not what I'm saying.

If they can see the withdrawal in the system, they will refuse landing. If they can't see it, they can't refuse landing. Phoning them won't change that. Also, the withdrawal request will be on his file, so CBSA can't share any info with you anyways.

Ahhh, so you're saying they check the information in the system before allowing him to sign provided it is visible to them. That would be ideal! I just wasn't sure what their procedures are for landing and how competent they are...and whether different agents might handle it differently. I hope it will be visible in their system after I call CIC tomorrow! Thank you.

One more thought--say he does go to the border to sign, but he's denied because I withdrew the application. He has to pass through to the US side and come back in order to get it signed (is my understanding). Would this mean that he won't be able to get back into Canada? Does he forfeit his visitor status extension when he crosses the border into the US? Or will they allow him to return?

 

[VioletBlue]

So after you talk to CIC tomorrow and depending on what They say....Maybe telling his mother that Sponsorship is withdrawn and its over and Done with buys you some time? Maybe hearing that will make them NOT even go to the border....it may make them think about it for a few days...so it might buy some time for CIC to put your withdrawal through the system so that even if the Do decide to go and try to land...by then CBSA will see that it's been withdrawn and won't let him land.

Ahhh, so you're saying they check the information in the system before allowing him to sign provided it is visible to them. That would be ideal! I just wasn't sure what their procedures are for landing and how competent they are...and whether different agents might handle it differently. I hope it will be visible in their system after I call CIC tomorrow! Thank you.

One more thought--say he does go to the border to sign, but he's denied because I withdrew the application. He has to pass through to the US side and come back in order to get it signed (is my understanding). Would this mean that he won't be able to get back into Canada? Does he forfeit his visitor status extension when he crosses the border into the US? Or will they allow him to return?

 

[poeticaesthetic]

I have called CIC and they informed me that all I can do beyond what I've done is email CPC-Ottawa and Mississauga with my information and requests, which I did. I was also told it might be too late to withdraw the application, but many of you have said otherwise. I know sometimes the call center gives wrong information; they mostly just seemed unsure as they don't make the decisions. Someone on here said that a person on the forum canceled a sponsorship application while their spouse was on their way over on a flight to land. That's fast. Was that just a phone call? I would really like to know if anyone knows how they did it, because I have been told I have to wait for the visa offices to receive and process my emails. I can't call the visa offices, correct? CIC says my request to withdraw is not in the system yet, so I will have to wait. CBSA can do nothing for me until CIC acknowledges my request. All I have is confirmation that their offices received my emails, but I'm guessing that means nothing to CBSA.

I am not sure what to tell his parents. I would certainly tell them that it's already over and done and explain the conditional permanent residence (whether or not it applies to him--oddly, both the call center agents I've spoken with assumed it applies without even asking me when the application was sent or how long we'd been married). My only concern is that they might go to the border anyway, just to check and see what they can do. Or, failing that, at the very least his parents will have to cross the border to return to the US in a couple days, so they may ask--but I'm guessing they won't be given much information since it is in his private file.

Regardless, I would still really like to know if anyone has any information on the question I asked earlier about him crossing the border hypothetically (copy/pasting):

Say he does go to the border to sign, but he's denied because I withdrew the application and it's in the system at that point. He has to pass through to the US side and come back in order to get it signed (is my understanding). Would this mean that he won't be able to get back into Canada? Does he forfeit his visitor status extension when he crosses the border into the US? Or will they allow him to return?

I'm wondering because even if it's not in their system at the border yet, I could say it is and use this scenario as a way to stop him from going at all. I really am curious what would happen either way though.

 

[Ponga]

If he is still in Vancouver, and simply goes to the border (Peace Arch I guess) to `flag pole', he will not need to enter The U.S. at all. He will tell the U.S. border officer that he is flag polling to land as a PR of Canada. The border officer will then give him an Administrative Refusal (not as scary as it sounds) and turn him around to re-enter Canada. It's strange, but there is an area between the two borders that's a sort of `unknown zone', where a person is neither in Canada or The U.S., so even though he will have, technically, left Canadian soil, he may not step foot into The U.S. at all.


If his PR is denied/canceled/whatever, at the border, I suspect that CBSA will not just let him in without any questions. Besides, once he leaves Canada, any visitor extension requests (or regular visitor status for that matter) would be leaving with him. He would be assessed as if he were any other foreign national seeking entry into Canada. If he is from a country that requires a visa, he'd be in a bit of a mess I suppose.

 

[Ponga]

It still doesn't seem fair that an Inland sponsor can prevent the applicant from landing, by informing the officer at the landing, that s/he does not wish to sponsor...yet an Outland sponsor has little chance, apparently, of stopping a landing, after the COPR has been received, but prior to the actual landing.


*shrug*

 

[poeticaesthetic]

Thanks Ponga. So you're saying he'll still be forfeiting his status, even if he technically doesn't enter the US?

 

[Ponga]

Thanks Ponga. So you're saying he'll still be forfeiting his status, even if he technically doesn't enter the US?

I believe so, because he will have technically left Canada. Maybe someone that knows for sure will chime in.

 

[poeticaesthetic]

Good news, I think I'm out of hot water for a second, as they held off on taking him to the border and can't do it now because they are leaving tomorrow!

CIC may still reject my withdrawal request though. However our relationship status has changed so once that is logged he probably won't be able to sign I'm guessing. Right?

I also had another thought, which may not matter now but, just hypothetically...say he goes to sign the papers somehow BEFORE my requests are noticed/processed, and gets them signed with no issue. I stated in my emails to CIC that we were separated and he would be committing misrepresentation if he signs. Regardless of what they decide on on my withdrawal request, can he get in trouble after the fact from me telling them his intentions (since I sent the emails before he signed) or will they just ignore the fact that he misrepresented once it's already said and done? Maybe no one can tell me the answer to that, but I thought I'd throw it out there...

 

[VioletBlue]

I think CIC is pretty strict about Misrepresentation so he may well be caught lying and his PR revoked...IF he somehow manages to land...But hopefully he won't land at all

 

[canadianwoman]

If he signs the papers and does not disclose that his relationship status has changed, he is committing misrepresentation. Therefore, his PR could be revoked later. However, CIC and CBSA are not very thorough at following up on fraudulent applicants - they just don't have enough people working for them.

I believe that if the above happened, CIC and CBSA did nothing, and he later tried to collect welfare, you might be able to successfully fight this. But it would cost a lot for a lawyer, probably more than the amount of the welfare; you would be something like a test case.

 

[HKG]

What papers is he waiting to sign?
The PR application for spousal sponsorship goes in one packet to Mississauga . The complete packet includes application forms signed by the sponsor and the applicant. Mississauga office assess the sponsor and if found all good, the application is sent to the overseas office (depending on to the country to which applicant belongs) which processes the applicant's PR application. The applicant does not have to sign any forms.

If you want to withdraw the sponsorship use the webform.

 

[VioletBlue]

She is talking about Landing....their application process is finalised...but her ex hasn't Landed yet

 

[poeticaesthetic]

Thanks guys! I did everything I could. Then I told his Mom and him separately...I did bend the truth a little, told them about the conditional PR and change of relationship status/misrepresentation, saying he was no longer eligible, and kind of left out the part where I intentionally withdrew the sponsorship. Shockingly, he took it even better than she did. In fact, he seems more sane than usual...we're actually getting along for once ??? Weird stuff. Must be the solar eclipse/New Moon stuff happening or something. Anyway...they seem to have no intentions of doing anything about it, because they bought it, hook, line, and sinker. I feel kind of strange, because I really don't like lying, and I feel this may be the first time in my life I've settled a score (my intention was actually to protect myself, but that's what it feels like right now). Who knows what will happen later, but for now, the coast seems clear...

One question...will me having told CIC about his abusive/threatening behaviour and/or the fact that he *might* misrepresent cause problems for him later on (whether while he's in Canada or if he tries to come visit in the future)? I only said all that to drive the point home in terms of my reason for withdrawing; I do not wish to cause him additional problems.

 

[VioletBlue]

Was he Truly abusive? Which it seems he Was.....Then those are issues that he is causing for Himself. Whether or not it causes trouble for him later on is not your problem....its His. He needs to get his behavior in check

Thanks guys! I did everything I could. Then I told his Mom and him separately...I did bend the truth a little, told them about the conditional PR and change of relationship status/misrepresentation, saying he was no longer eligible, and kind of left out the part where I intentionally withdrew the sponsorship. Shockingly, he took it even better than she did. In fact, he seems more sane than usual...we're actually getting along for once ??? Weird stuff. Must be the solar eclipse/New Moon stuff happening or something. Anyway...they seem to have no intentions of doing anything about it, because they bought it, hook, line, and sinker. I feel kind of strange, because I really don't like lying, and I feel this may be the first time in my life I've settled a score (my intention was actually to protect myself, but that's what it feels like right now). Who knows what will happen later, but for now, the coast seems clear...

One question...will me having told CIC about his abusive/threatening behaviour and/or the fact that he *might* misrepresent cause problems for him later on (whether while he's in Canada or if he tries to come visit in the future)? I only said all that to drive the point home in terms of my reason for withdrawing; I do not wish to cause him additional problems.

 

[canuck_in_uk]

One question...will me having told CIC about his abusive/threatening behaviour and/or the fact that he *might* misrepresent cause problems for him later on (whether while he's in Canada or if he tries to come visit in the future)? I only said all that to drive the point home in terms of my reason for withdrawing; I do not wish to cause him additional problems.

No, CIC cannot take what you've said and use it against him in any future apps.