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Author Topic: Common law sponsor accepted but now separated and returned to country of origin  (Read 371 times)
Jayjay80
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Posts: 2
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« on: August 26, 2011, 11:31:57 am »

I (Canadian)  was with my girlfriend for a long time since she had a student Visa. After living together for a while I decided to help her apply for residency. We did it under Sponsor of common Law spouse. She got it but now 2 years later it did not work out and she returned to the U.S. ( She's American).
Do I have to do anything ? Advise the government ? I declare my taxes every year as being status ''single'' but I do not know If i am obliged to advise them in any way Huh

Thank you !
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Kedeisha
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Posts: 2617
Ratings: +27

« Reply #1 on: August 26, 2011, 12:42:43 pm »

well the sponsorship agreement is valid for 3 yrs as long as she does not collect Canadian welfare you wouldn't owe anything
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September 2011: http://goo.gl/oxFDn
Leon
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« Reply #2 on: August 26, 2011, 12:59:21 pm »

There is nothing you must do.  You are responsible for her financially for 3 years after she got her PR but that only goes if she is in Canada and goes on social assistance.  Then you would be asked to pay it back.  If she wants to keep her PR, she must spend at least 730 days in Canada every 5 years.  That is in her first 5 years as a PR and after that, any rolling 5 year period. 
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
RobsLuv
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Posts: 1824
Ratings: +121
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #3 on: August 26, 2011, 09:09:30 pm »

You are under no obligation to report anything to CIC, or the government in general (given you were filing "single" on your taxes, that obviously doesn't change).  She remains a PR in spite of the relationship ending, but because she is no longer living with you, she has to meet the residency requirements in order to maintain that status.  That means, basically, that if she stays outside of Canada for more than three years, she'll lose her PR status.  But right now she's free to come back whenever . . . however, that only affects you if she collects social assistance benefits before your undertaking expires (3 years from her landing date).

  
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Won appeal 1'10.  Back in process 4'10, new meds req 5'10 - submitted in June.  New FBI submitted 8'10  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
Harju
Star Member
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Posts: 83
Ratings: +4
Category........: FAM
Visa Office......: Seoul
App. Filed.......: 12/09/2010
AOR Received.: 25/10/2010
Passport Req..: 02/11/2011
VISA ISSUED...: 28/11/2011
LANDED..........: 31/12/2011

« Reply #4 on: August 28, 2011, 11:37:28 am »

Immigration law aside, under Family Law some rights and responsibilities end when you stop living together, or when the relationship is formally terminated, others continue beyond termination. It depends on the law of the province you resided in.  I would suggest a consultation with a family law lawyer to determine your exposure to any possible claim on your assets acquired during the relationship and what steps you should take (i.e., filing a dissolution of common-law arrangement).   
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Jayjay80
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Posts: 2
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« Reply #5 on: August 29, 2011, 08:49:45 am »

Wow.. Thank you everybody !!! Awesome responses.

I am amazed and happy about how many people replied.

Yes well she has been over 1 1/2 out of canada now so I guess everything is alright as long as she doesnt come back and doesnt collect wellfare.

Thank you very much once again people.
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