Withdrawal of Spousal Sponsorship Application

[StanCan]

Hello everyone,
I successfully withdrew my spousal sponsorship application for several reasons. Of which, my ex was charged for assault against me and I was given evidence that she used me in attempt to gain permanent residence. We have been separated for 3 years and I want to know do I owe any obligations towards her. Additionally, when will the IRCC and CBSA complete their investigation and potentially deport her. Thanks.

 

[armoured]

Hello everyone,
I successfully withdrew my spousal sponsorship application for several reasons. Of which, my ex was charged for assault against me and I was given evidence that she used me in attempt to gain permanent residence. We have been separated for 3 years and I want to know do I owe any obligations towards her. Additionally, when will the IRCC and CBSA complete their investigation and potentially deport her. Thanks.

If you withdrew it before she became a PR, then you should have no obligations towards the government with respect to the sponsorship. Whether you have any obligations towards her as your ex-spouse is a civil matter - between you and her.

As for what IRCC and CBSA do with respect to her case - it is no longer your affair. All you can do is provide information to them about any immigration fraud, but any decision is entirely with the govt.

 

[StanCan]

If you withdrew it before she became a PR, then you should have no obligations towards the government with respect to the sponsorship. Whether you have any obligations towards her as your ex-spouse is a civil matter - between you and her.

As for what IRCC and CBSA do with respect to her case - it is no longer your affair. All you can do is provide information to them about any immigration fraud, but any decision is entirely with the govt.

I sincerely appreciate your response. You wouldn't happen to know how long it would take the government to make a decision would you?

 

[Naturgrl]

I sincerely appreciate your response. You wouldn't happen to know how long it would take the government to make a decision would you?

Did spouse land and become PR? If so then honestly chance that government will investigate and deport person is extremely low. You are responsible for her for the 3 years even if separated. If she is criminally charged and found guilty than she may be deported but it will take years, if it even happens.

 

[scylla]

I sincerely appreciate your response. You wouldn't happen to know how long it would take the government to make a decision would you?

There's no fixed timeline.

 

[armoured]

I sincerely appreciate your response. You wouldn't happen to know how long it would take the government to make a decision would you?

Take a decision on what? You are divorced or not? Did she become a PR / did you withdraw before she became a PR?

Regardless, I repeat my basic point from before: whether the Canadian govt removes your former spouse or lets her stay is, fundamentally, no longer your affair.

 

[StanCan]

Did spouse land and become PR? If so then honestly chance that government will investigate and deport person is extremely low. You are responsible for her for the 3 years even if separated. If she is criminally charged and found guilty than she may be deported but it will take years, if it even happens.

No. We did a spousal sponsorship application in Canada. However, I successfully withdrew my application before they processed and gave her the PR. In the letter they said they would not process further. I then provided the IRCC and CBSA with legitimate evidence that I am a victim of marriage fraud. Additionally, I pointed out to the agencies that my ex never informed them that she was charged with assault against me, that we are separated, and in court over divorce proceedings. I had to this because she has made ridiculous hearsay allegations against me, on top of damaging my reputation and costing me my business.

 

[Joey-Jo]

I would have thought that if you withdrew your application BEFORE she was even accepted as a PR then she stands no chance of staying in the country, especially with an assault case against her. Also I'm kind of confused, how comes she was able to stay for 3 years in Canada if you didn't complete the sponsorship process? Did she have an OWP or something?

 

[StanCan]

I would have thought that if you withdrew your application BEFORE she was even accepted as a PR then she stands no chance of staying in the country, especially with an assault case against her. Also I'm kind of confused, how comes she was able to stay for 3 years in Canada if you didn't complete the sponsorship process? Did she have an OWP or something?

I am just as confused. It has benn 3 years exactly tomorrow since we separated due to her assault on me. Yet, she is still here. It did take a year for my application to be withdrawn due to delays caused by COVID-19. So I suspect and hope that due to the backlog is why the government has not taken action yet

 

[Joey-Jo]

I am just as confused. It has benn 3 years exactly tomorrow since we separated due to her assault on me. Yet, she is still here. It did take a year for my application to be withdrawn due to delays caused by COVID-19. So I suspect and hope that due to the backlog is why the government has not taken action yet

To be honest I wouldn't worry about it - SHE'S the one with a lot of uncertainty going on, as far as you're concerned you've withdrawn the sponsorship application and therefore have ZERO financial responsibility or duty towards her, in fact you NEVER would have in the eyes of the IRCC because the application process was terminated. Does she still live near you or something? Do you feel intimidated by the fact she's still in Canada? Are you actually divorced now or are you just separated?

 

[armoured]

I am just as confused. It has benn 3 years exactly tomorrow since we separated due to her assault on me. Yet, she is still here. It did take a year for my application to be withdrawn due to delays caused by COVID-19. So I suspect and hope that due to the backlog is why the government has not taken action yet

Yes, you are confused.

It is no longer your affair. The government's priorities are different than yours. She may be staying legally, illegally, may have remarried and have a sponsorship ongoing, may have long court cases/waits, etc., or have made a claim for asylum or something that needs to be disposed of somehow.

And most of that has nothing to do with you anymore.

The one aspect that is different is the extent to which your ex is a danger to the public, in which case - of course - removal should (ideally) be expedited. By all means, inform the police (again). Unfortunately the reality is that so-called 'domestic' assaults present lots of problems - amongst which that if the police and courts don't get a conviction, removal from Canada will probably not be prioritized - expensive and complicated. Put differently, if the case is not clear that there's a danger to the public - it won't be prioritized.

Apart from doing your duty to warn the police/IRCC, I repeat: not really your issue anymore. Move on.

 

[StanCan]

To be honest I wouldn't worry about it - SHE'S the one with a lot of uncertainty going on, as far as you're concerned you've withdrawn the sponsorship application and therefore have ZERO financial responsibility or duty towards her, in fact you NEVER would have in the eyes of the IRCC because the application process was terminated. Does she still live near you or something? Do you feel intimidated by the fact she's still in Canada? Are you actually divorced now or are you just separated?

Not divoreced, she refuses to give me a divorce. Not intimidated, annoyed because she defamed and slandered me, along with false accusations ruined my reputatio and business. Thankfully her false accusations, the charges were withdrawn but damage has been done. I was taught not to defend against stupid or crazy. So my hope was ber deportation would be my vindication

 

[Flyingfast]

Not divoreced, she refuses to give me a divorce. Not intimidated, annoyed because she defamed and slandered me, along with false accusations ruined my reputatio and business. Thankfully her false accusations, the charges were withdrawn but damage has been done. I was taught not to defend against stupid or crazy. So my hope was ber deportation would be my vindication

You don't need the permission of the person you are divorcing to get a divorce in Canada. Get a divorce kit and Go to the local provincial courthouse, file the divorce application, and then pay the court sheriff to serve her. She has several weeks to file a response before the judge rules. As long as you have been separated 12 months, there are no children, property of the marriage or someone seeks support, The divorce will be granted regardless of her feelings. If there is children, property and support involved that can drag the process out a long time.

 

[ttanin]

Also Canadian Immigration has a broad view when the allegation of violence is coming from a separated spouse. Its unlikely she will be removed from violence over a spouse allegations. When you say you provided proof of marriage fraud, the evidence would have to be pretty strong for immigration to deport her. If she was 44 and and used another persons passport to enter Canada as a 24 years old, sure that would be deportable. Having an argument with you and may be threatening you would not necessarily be deported. Many relationship fail and people withdraw applications and allegations are fraud are common afterwards. Most of these allegations dont result in anything as far as the immigration is concerned. Get a divorce and move on.

 

[Xilikon]

This rings a lot for me as it is similar. Just get the divorce done and move on. IRCC and CBSA won't do much about it, unfortunately.

Also, don't be surprised if you get hit with alimony despite her status in Canada and it can be costly.