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

[poeticaesthetic]

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

I agree with you on principle entirely. I have been unsure of my feelings and that is why I have hesitated. I definitely do not want to misrepresent.

 

[VioletBlue]

Oh WOW! Ouch! I'd hate to be That person...bit I'm sure there was a good reason to cancel....

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.

 

[Rob_TO]

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?

CIC does not care even one bit about his or your parents anymore. Sorry to say but the support letters any family members write for a PR app, mean jack squat after the PR has actually landed in Canada. Nothing in them is enforceable. The ONLY person who is potentially liable for him financially if he goes on welfare, is YOU. They did not sign any legal undertaking with the government, only you did.

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.

Keep in mind also that in any future sponsorship, even if it's after 3 years time, CIC will be fully aware of your first spouse's sponsorship. So in a potential PR application for a future spouse, CIC will be able to see that you were practically already separated when your previous spouse landed as PR. This may cause complications in sponsoring a new spouse.

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.

Cancelling the PR app does not mean he's kicked out of the country. He'll be able to stay with any current visitor status he has, and can still apply to renew that status if he wants. He can also look to stay here legally with a work or study visa, if he qualifies for something.

 

[canadianwoman]

CIC will definitely not hold his parents responsible to support him just because they signed a letter stating they would do so. Likewise, CIC will not expect your parents to help support him. If he lands and becomes a PR, you are the one who is responsible for him if he goes on welfare. Only you.

In addition, actually he no longer has the right to use his PR visa to land and become a PR, because you and he have separated. When he comes to the border to land, the border agent will ask if anything about his family composition has changed, and he should say yes, my wife and I have separated. In which case they should not allow him to land. It is true that if he does not mention this, they will let him land.

 

[poeticaesthetic]

Thank you all so much. After a long and agonizing day talking to my family and a very supportive friend I have drafted up a letter and submitted a withdrawal of sponsorship request using the online form. It is late now but tomorrow I am planning to call CIC to confirm and then call a few border crossings to make sure they are aware of my withdrawal and do not let him sign. Perhaps I can fax them the letter directly. Then I'm going to break it to my spouse. As far as I can gather, he has not been to the border yet. I expect him and his parents to be pretty miffed at me, but I will simply claim that I did it to protect myself because I had to notify CIC of our separation and there are potential repercussions for misrepresentation. If they have more to say then I have a long list of very good reasons as to why this was necessary and in my best interest and why I do not owe him a thing! :'( It's better this way. Thank you all again!

 

[Alurra71]

Thank you all so much. After a long and agonizing day talking to my family and a very supportive friend I have drafted up a letter and submitted a withdrawal of sponsorship request using the online form. It is late now but tomorrow I am planning to call CIC to confirm and then call a few border crossings to make sure they are aware of my withdrawal and do not let him sign. Perhaps I can fax them the letter directly. Then I'm going to break it to my spouse. As far as I can gather, he has not been to the border yet. I expect him and his parents to be pretty miffed at me, but I will simply claim that I did it to protect myself because I had to notify CIC of our separation and there are potential repercussions for misrepresentation. If they have more to say then I have a long list of very good reasons as to why this was necessary and in my best interest and why I do not owe him a thing! :'( It's better this way. Thank you all again!

Best of luck to you. It appears as though you have made a decision based on YOUR best interests, which is imperative at this stage. You are correct, you owe him or his parents absolutely nothing. If they have more to say, or are upset, the onus is on them. They would do nothing different if the shoes were on the other foot, just remember that.

 

[Ponga]

Thank you all so much. After a long and agonizing day talking to my family and a very supportive friend I have drafted up a letter and submitted a withdrawal of sponsorship request using the online form. It is late now but tomorrow I am planning to call CIC to confirm and then call a few border crossings to make sure they are aware of my withdrawal and do not let him sign. Perhaps I can fax them the letter directly. Then I'm going to break it to my spouse. As far as I can gather, he has not been to the border yet. I expect him and his parents to be pretty miffed at me, but I will simply claim that I did it to protect myself because I had to notify CIC of our separation and there are potential repercussions for misrepresentation. If they have more to say then I have a long list of very good reasons as to why this was necessary and in my best interest and why I do not owe him a thing! :'( It's better this way. Thank you all again!

As mentioned previously, you may not be able to withdraw the sponsorship application, because it's already been approved and the COPR document has been issued to him. You probably need to speak with CBSA directly to find out what you need to do to prevent him from landing, since he will need to see CBSA to re-enter Canada.

 

[poeticaesthetic]

As mentioned previously, you may not be able to withdraw the sponsorship application, because it's already been approved and the COPR document has been issued to him. You probably need to speak with CBSA directly to find out what you need to do to prevent him from landing, since he will need to see CBSA to re-enter Canada.

Shoot, I must have missed that part. I will call CIC, hopefully they can help me. And then talk to CBSA.

 

[Ponga]

Shoot, I must have missed that part. I will call CIC, hopefully they can help me. And then talk to CBSA.

I merely said that you may not be able to cancel the application with CIC now.

I would call CBSA ASAP (like today), since they are now your front line in preventing him from landing.

 

[Ponga]

The real question is whether or not you have the same rights as an Inland sponsor would have.

An Inland sponsor must appear with the applicant at the landing interview, because s/he must answer this simple question:
"Do you still wish to sponsor this person?"

Since a sponsor does [obviously] not need to be present at landing for an Outland applicant...you may not have that same right to answer "No!", before he lands.

 

[poeticaesthetic]

Hmm...thanks. CIC is closed today so I cannot speak to any agents. I have contacted CBSA and explained the situation to them, however they have informed me that there is essentially nothing they can do to stop him, no matter how much information I reiterated to them, and they have told me that I need to call CIC during business hours and tell them that I wish to cancel. Which would mean I need to wait until Monday. And I'm not even sure if calling CIC will do anything. Like I said, I submitted a letter stating that I immediately withdraw my sponsorship application (reason being that husband and I have separated due to irreconcilable differences). I have not submitted a separate claim that our relationship status has changed, though it was in the withdrawal request, and I was thinking of submitting a change of relationship separately (however the online form isn't working right now). I don't know if the port of entry will have access to my submissions; my only other option would be to call them and ask if they have that information in their system and inform them of what is going on. Any tips would be appreciated.

 

[Ponga]

Well...all you can do is call CIC first thing Monday and hope that he hasn't landed by then.

Even though he has the COPR in his possession, until it has been signed by him and the immigration officer, it's not over. One of the standard questions that are suppose to be asked (and answered) is if there have been any changes in regards to his immediate family (spouse, children). Certainly being separated from his sponsor would mean a yes answer to that question.


Good luck!

 

[poeticaesthetic]

Well...all you can do is call CIC first thing Monday and hope that he hasn't landed by then.

Even though he has the COPR in his possession, until it has been signed by him and the immigration officer, it's not over. One of the standard questions that are suppose to be asked (and answered) are is if there have been any changes in regards to family. Certainly being separated from his sponsor would mean a yes answer to that question.


Good luck!

Thanks Ponga. I am not sure if he would answer yes to that question; he would probably answer no. Which is why I think it's imperative that I inform them myself. I wonder if it's worth contacting the port of entry, or if I should just wait until Monday after I call CIC? His Mom has been texting me (we’re in contact) and I need to respond to her (nothing seemingly urgent, but I would like to keep in touch so that they don’t attempt anything or suspect anything) but I’m not sure what to tell her about the situation as I haven’t resolved things yet. I had only told her that there may be problems and that I was asking my forum and that they should hold off taking him to sign the papers, which I believe she is respecting for now. I could always tell them what I stated in my previous message, that I needed to inform CIC of the change in our relationship status and that it invalidated the document, and leave them with the impression that everything is already done; but on the off chance that they still attempt to go to the border, they will find that is not the case unless I have contacted the port of entry, though at this rate, I’m unsure whether they can do anything or have access to the files I sent to CIC last night (CBSA said something like they may need to process it, so perhaps the border would not have access until after that time?). I will certainly be calling CIC on Monday regardless. I’m just not sure if I should keep asking him and his folks to hold off (it does say on the COPR that weekends are busy with long wait times at the border, so that could be an excuse; or I could say that I’m still waiting on answers but she might want to know more information), or if I should say that I’ve already done it and things have changed and hope they don’t attempt anything.

As for the written information/requests for withdrawal and/or relationship status change, I could also email CIC directly with this information. I’m not sure if that’s faster or better than using the online form, but it does state in the COPR that they need to be informed of any changes as soon as possible, which is similar to what was stated in an email they sent me earlier when we filed our change of address, to which I could reply. That’s another thing; they issued the COPR before the change of address was processed, so the sponsor address on the COPR is incorrect. The “city of destination” is also incorrect now, although I’m not sure that’s as big a deal. Is it a problem that the address is wrong? I’m wondering if that invalidates the document in any way.

 

[Ponga]

No, the change of address and/or city of destination, are irrelevant regarding your problem.

If he is asked and willingly lies about the fact that you are no longer together, he could be found to have misrepresented himself (as was mentioned in one of the earlier replies in this thread, by someone). This could lead to his PR being revoked, if he does land.

You have every right to blatantly lie to his mother, or anyone else except for CIC/CBSA, of course, while you stall for time to get an answer from CIC. You are the one that has the next 3 years of your life to be concerned about...financial, and otherwise.

 

[CaroM8]

I agree with Ponga. Do whatever you have to do (legally of course) to keep him away from the border until everyone (CBSA, CIC, you) is on the same page! I hope for you that it will be resolved quickly.