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

[CDNPR2014]

Thank you! Still wondering about the best way to go about the withdrawal as per my last post...web or phone? Is one faster? Time really is of the essence right now as I think he was planning to sign the papers this week/weekend. I found this contact link which says the call center agents cannot make decisions on applications: http://www.cic.gc.ca/english/contacts/call.asp

Does this mean that no matter how I submit my request for withdrawal I will have to wait on a decision? How long of a wait? Is it possible that he could still sign the papers while they're processing my request and get approved?

i don't have advice about cancelling sponsorship, sorry. i'd imagine they need your written consent so i'm not sure how doing it over the phone will do anything.

if you know what border he would most likely land at, then i would call that office up and make sure they have a copy of your sponsorship withdrawl form, and put in writing you are in the process of canceling your sponsorship and do not wish to be responsible for him as a pr. if the border has this and can connect it to his file (give them the file number/his UCI number), then that may help him not slip through the cracks.

 

[tanigawa]

if you know what border he would most likely land at, then i would call that office up and make sure they have a copy of your sponsorship withdrawl form, and put in writing you are in the process of canceling your sponsorship and do not wish to be responsible for him as a pr. if the border has this and can connect it to his file (give them the file number/his UCI number), then that may help him not slip through the cracks.

This is excellent advice. Do not assume that the CBSA will be immediately informed of your intent to cancel the sponsorship application. Also do not assume that the published method of cancelling your sponsorship is correct--the link on the CIC website may be out of date, and the information you submit might just disappear into a digital black hole. If he simply shows up at the border with a Confirmation of Permanent Residence, then it is up to the individual officer at the border to allow him to land or not. Your cancellation of sponsorship might take months to trickle down through the bureaucracy, unless you take action yourself.

Though my situation is quite different from yours, one thing that I have learned from this process is to never trust CIC to pass on required information in a timely manner. Call up the border crossing(s) where you think he might land, make sure they know about the situation, and call back a few more times to speak with different officers and make sure they give you the same answer.

 

[poeticaesthetic]

Thank you all for the replies. I am in touch with his mother and have asked her to hold off having him sign the paperwork (she's his ride) because there are some problems which I am working out (I didn't say what), and she is complying. This is such an awkward situation on so many levels, I can't believe how uncomfortable I feel regardless of my decision.

I just realized that the Conditional Permanent Residence may not in fact apply to us, as it states that it applies "to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application." We had been married for exactly 2 years and 3 months when the application was submitted. So does that mean that this condition does not apply to us after all, and that we would not have to live together for the next two years for him to receive PR? I'm a little confused on this whole thing. The full text is here: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

Thank you all for your replies and patience.

 

[scylla]

Thank you all for the replies. I am in touch with his mother and have asked her to hold off having him sign the paperwork (she's his ride) because there are some problems which I am working out (I didn't say what), and she is complying. This is such an awkward situation on so many levels, I can't believe how uncomfortable I feel regardless of my decision.

I just realized that the Conditional Permanent Residence may not in fact apply to us, as it states that it applies "to spouses, common-law or conjugal partners in a relationship of two years or less with their sponsor and who have no children in common with their sponsor at the time they submit their sponsorship application." We had been married for exactly 2 years and 3 months when the application was submitted. So does that mean that this condition does not apply to us after all, and that we would not have to live together for the next two years for him to receive PR? I'm a little confused on this whole thing. The full text is here: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-10-26a.asp

Thank you all for your replies and patience.

Correct. It looks like conditional PR does not apply to you. You need to fix this before he lands - or you're on the hook for three years.

 

[TANMEX]

I think it's too late , CIC saying once application is approved they can't cancel it , and that's what happened to your application Approved and finalized .

 

[Ponga]

Finalized means the applicant has landed.

 

[TANMEX]

Finalized means the applicant has landed.

Approved is what we are looking after = this application has been approved , and it's too late to withdraw it .

 

[scylla]

Approved is what we are looking after = this application has been approved , and it's too late to withdraw it .

Nope. Visa can still be canceled. We've seen a few people do it here successfully.

A few years ago we even had one person cancel their spouse's PR visa as that person was in flight to Canada to land.

 

[TANMEX]

Nope. Visa can still be canceled. We've seen a few people do it here successfully.

A few years ago we even had one person cancel their spouse's PR visa as that person was in flight to Canada to land.

good to know .

 

[poeticaesthetic]

Thanks for the additional replies everyone! I was very confused on whether I was still able to withdraw my sponsorship after the approval but before the landing.

Correct. It looks like conditional PR does not apply to you. You need to fix this before he lands - or you're on the hook for three years.

Thanks Scylla. I'm sorting it out. I just want to make sure I understand the situation fully. I read somewhere that it would list any conditions on the COPR. I checked my photocopies and sure enough there are none.

So it's actually legal for us to live apart for the next 2 years after he lands? And CIC doesn't have any problem with that whatsoever? Or will I still be jeopardizing my good standing (and him his status) if we don't patch things up, considering our relationship was in jeopardy and we split BEFORE he signed the papers? What we had worked out is that we were 'taking a break' from each other. But it has since felt like more than that to me given the way he has treated me.

Also, I will still be responsible for him for 3 years even if we get divorced in a year, correct?

 

[Ponga]

Time is your enemy now.

You need to decide whether or not you want him to come into Canada and land, in the hopes that you two work things out in the future, or if you want to stop this (and your financial responsibility for him for 3 years after he lands).

Only you know what you truly want to do, so...do it ASAP.

 

[poeticaesthetic]

Time is your enemy now.

You need to decide whether or not you want him to come into Canada and land, in the hopes that you two work things out in the future, or if you want to stop this (and your financial responsibility for him for 3 years after he lands).

Only you know what you truly want to do, so...do it ASAP.

Thanks Ponga. I know. I can't believe how difficult a decision this has become for me; it is not one I take lightly. I still love this person; I just can't be with him right now and I'm unsure whether I will ever be able to, however I still support his healing either way if he goes through with it (another big 'if'). I want to give him the chance to heal himself and patch things up, but I'm unsure if he will...it is his decision. I suppose I have a lot of sympathy for him, maybe too much. We have been through a lot together and he has been there for me in many ways, though has also been very selfish and cruel at times. I'm hoping Scylla or someone will answer the questions in my last post. If allowing him to land under our current circumstances (separation, etc) is somehow going to jeopardize my good standing or his status, that gives me even more of a reason to withdraw. If not, I am more torn. I thank you all for your patience; I know it must seem a bit ridiculous from the outside.

 

[Rob_TO]

So it's actually legal for us to live apart for the next 2 years after he lands? And CIC doesn't have any problem with that whatsoever? Or will I still be jeopardizing my good standing (and him his status) if we don't patch things up, considering our relationship was in jeopardy and we split BEFORE he signed the papers? What we had worked out is that we were 'taking a break' from each other. But it has since felt like more than that to me given the way he has treated me.

Also, I will still be responsible for him for 3 years even if we get divorced in a year, correct?

Well, technically if you are now separated, then you are supposed to inform CIC. The COPR specifically states you need to inform them if there's a major change in your family situation, and a separation certainly fits that descripton. In this case CBSA would also ask him if there's been any change when he tries to land, so if he says nothing has changed and lands as a PR, that could be considered misrepresentation.

Though in reality, if he lands as a PR and neither you nor him mention anything to CIC/CBSA, then he'll most likley just remain as a PR with no troubles even if you never live together. You really need to check though if "Condition 51" (Conditional PR) is on his COPR. CIC has put this on even with people married over 2 years at time of application.

Finally, if he lands as a PR you are barred from sponsoring anyone else for next 3 years. So in case you happened to meet another foreigner and eventually married them, you may have to wait a bit longer to sponsor them. Not to mention if he landed as a PR and used welfare anytime over the 3 years, you need to pay every penny of it back to the government.

 

[poeticaesthetic]

Well, technically if you are now separated, then you are supposed to inform CIC. The COPR specifically states you need to inform them if there's a major change in your family situation, and a separation certainly fits that descripton. In this case CBSA would also ask him if there's been any change when he tries to land, so if he says nothing has changed and lands as a PR, that could be considered misrepresentation.

Though in reality, if he lands as a PR and neither you nor him mention anything to CIC/CBSA, then he'll most likley just remain as a PR with no troubles even if you never live together. You really need to check though if "Condition 51" (Conditional PR) is on his COPR. CIC has put this on even with people married over 2 years at time of application.

Finally, if he lands as a PR you are barred from sponsoring anyone else for next 3 years. So in case you happened to meet another foreigner and eventually married them, you may have to wait a bit longer to sponsor them. Not to mention if he landed as a PR and used welfare anytime over the 3 years, you need to pay every penny of it back to the government.

Thank you. I appreciate this. I did check and there are no conditions on my copies of his COPR. So I'm guessing if no one says anything he will just be able to go about his normal life if he signs. I want him to be happy, I care that much, so I want to give him a chance to be happy here. Yet I don't want to jeopardize my own happiness if he doesn't choose to care for himself or respect me. This remains to be seen. He has said he wants to get a job once he's approved, but he is very depressed and may not follow through. I don't *think* he will take advantage of welfare as government channels are not his normal way of doing things (it was hard to even go through the immigration process with him, as he really doesn't like jumping through hoops or filling out paperwork). He has mentioned returning to the States as he doesn't feel he has many friends here at the moment and is struggling. His parents agreed to support him for 5 years after he's landed, due to our shaky finances, and sent a letter to CIC detailing this, but I'm unsure whether they will be held accountable by the Canadian government if they do not uphold their end of the deal (they have been supporting him for many years as he has gone through a lot, and they may grow tired of it if he still won't take responsibility after his PR is granted). Any info on this? If they withdraw their support after promising it, will they be held accountable, or will I be left holding the ball? My parents also sent a letter for both of us, so it will be on their shoulders if I can't afford it and his parents won't come through.

It doesn't seem likely that we will be patching things up anytime soon, though it's hard to say for sure. I realize now we moved too quickly and expected too much, and should probably have remained friends for much longer before a relationship was attempted. One thing I did not mention is that I do have feelings for another American (of course), but I have yet to meet this friend in person and am unsure how things will go. Given how quickly I moved last time, I am cautious now and intend to move slowly, but I feel strongly nonetheless. I would hate to want to bring this person here eventually but have to wait because of my undertaking. However, if it doesn't work out, I might feel I moved too hastily, getting my spouse, whom I still love (albeit in a less romantic way at the moment), kicked out of the country without a chance to make it work on the off chance I might want to sponsor someone else in the next 3 years. Of course this is certainly not the only reason; there are still the problems of his abusive and irresponsible behaviours, which are not small things to me and are the main reason we have separated. I am unsure whether us being apart will be the catalyst he needs for change, or if he will continue to struggle without seeking assistance for his mental health issues. It seems to be a slow-moving process.

Thank you all for the responses. I realize I myself may seem somewhat immature in this situation; I think my heart is just too big for my own good and I often put others before myself (I am learning, slowly). I have a lot of thinking to do in a short amount of time. Any additional input is appreciated.

 

[canadausa#11]

Call me a stickler for the rules, and perhaps a bit harsh, but you should not be committing misrepresentation. We complain a lot about marriage fraud a lot on here, and how people lying slows down the whole process for everyone in the long run so this situation should not be treated much differently. He is going to be landing as a PR when he has no right too. Keeping the application just because you think there is a possibility you might get back together at sometime in the future doesn't really cut it I think