Spouse Withholding Passport, COPR, Landing Document Before Entry

[cehoj]

Hello everyone, a friend of mine is facing serious trouble with respect to their immigration application to Canada. So the story is that they married their spouse a couple of years ago, and have been doing well and the partner in Canada applied for their family-based petition which was successfully approved a couple of months ago, and before they could make an entry, the partner came back to my friend's country (India) by saying that they will accompany them. Then COVID struck and they could not travel back because they could not get tickets together to fly to Canada. Eventually as they were waiting my friend's spouse flew back without informing them and took my friend's passport, COPR, landing document with them and are now demanding that my friend pay a large sum of money and then they will provide the documents. As far as I understand the marriage was clearly in good faith and there weren't any issues earlier.
Well, it's clear that the relationship has broken and a case could be made of extortion/ransom or whatever. But they would want to immigrate to Canada if possible. So, I'm wondering what are my friend's options here:

• As far as I understand the rules, if the spouse withdraws the application, my friend be denied entry at the PoE. Is this true? Is there any way around this even my friend was to go through a legal route in Canada?
• What (if any) action can be taken against the spouse in Canada if my friend can provide evidence?
• If the spouse withdraws the application, would they be able to sponsor someone again within the next 5 years through another marriage?
• Any other suggestions or ideas?

Thank you

 

[ryester]

who are "they"? your friend married more than one person?

 

[scylla]

Hello everyone, a friend of mine is facing serious trouble with respect to their immigration application to Canada. So the story is that they married their spouse a couple of years ago, and have been doing well and the partner in Canada applied for their family-based petition which was successfully approved a couple of months ago, and before they could make an entry, the partner came back to my friend's country (India) by saying that they will accompany them. Then COVID struck and they could not travel back because they could not get tickets together to fly to Canada. Eventually as they were waiting my friend's spouse flew back without informing them and took my friend's passport, COPR, landing document with them and are now demanding that my friend pay a large sum of money and then they will provide the documents. As far as I understand the marriage was clearly in good faith and there weren't any issues earlier.
Well, it's clear that the relationship has broken and a case could be made of extortion/ransom or whatever. But they would want to immigrate to Canada if possible. So, I'm wondering what are my friend's options here:

• As far as I understand the rules, if the spouse withdraws the application, my friend be denied entry at the PoE. Is this true? Is there any way around this even my friend was to go through a legal route in Canada?
• What (if any) action can be taken against the spouse in Canada if my friend can provide evidence?
• If the spouse withdraws the application, would they be able to sponsor someone again within the next 5 years through another marriage?
• Any other suggestions or ideas?

Thank you

- The sponsor can withdraw their sponsorship at any time before the applicant lands. There is no recourse for the applicant from an immigration perspective. The applicant's COPR was approved based on their relationship with the sponsor. If that relationship has fallen apart and the sponsor decides to withdraw their sponsorship, this cancels the applicant's COPR and they can no longer use it to land and become a PR. There is no way around this. The fact your friend is married to a Canadian does not entitle them to PR. They need the sponsor's support (which it looks like they no longer have).
- None from an immigration perspecitve.
- Yes, they will be able to sponsor someone else. The 5 year rule doesn't apply to them.
- If the applicant still wishes to immigrate to Canada then they need to look into qualifying on their own through economic immigration programs like Express Entry.