spouse withdraws sponsorship
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royl22
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« on: May 08, 2009, 11:02:39 am »

I came into BC from the US September 2005 with my common law spouse (PR) of six years sponsoring my residency. I applied for PR in March 2007 and all went well with initial approval and issuance of a work permit but no PR card yet.
My spouse and I split up in April 2008 and she sent a letter to Immigration in May 2008 to withdraw her sponsorship.  I talked to Immigration call centre, they confirm receipt of her letter but no action has been taken on it...still no action taken at one year.
Most information I've read on the web, including official immigration Canada manuals, state that sponsorship can be withdrawn up to time the PR is issued; however, I also read in the Immigration website that there are valid and invalid reasons for withdrawing sponsorship and Immigration can in fact reject the withdrawal.
Any experiences in this area?
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PMM
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« Reply #1 on: May 08, 2009, 12:49:10 pm »

Hi

I came into BC from the US September 2005 with my common law spouse (PR) of six years sponsoring my residency. I applied for PR in March 2007 and all went well with initial approval and issuance of a work permit but no PR card yet.
My spouse and I split up in April 2008 and she sent a letter to Immigration in May 2008 to withdraw her sponsorship.  I talked to Immigration call centre, they confirm receipt of her letter but no action has been taken on it...still no action taken at one year.
Most information I've read on the web, including official immigration Canada manuals, state that sponsorship can be withdrawn up to time the PR is issued; however, I also read in the Immigration website that there are valid and invalid reasons for withdrawing sponsorship and Immigration can in fact reject the withdrawal.
Any experiences in this area?

The sponsor doesn't require a reason to withdraw the sponsorship, and they don't have to explain their reason to CIC either.

PMM
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PMM
jurassic
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« Reply #2 on: May 08, 2009, 02:37:23 pm »

PMM are you sure?

check this

http://www.owjn.org/index.php?option=com_content&view=article&id=106&Itemid=67

http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
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ariell
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« Reply #3 on: May 08, 2009, 03:22:23 pm »

PMM is absolutely correct. You can withdraw your sponsorship application at any point BEFORE permanent resident status is granted. Until then, the applicant is still a resident of their home country with no legal status in Canada. The link you provided lists your obligations once your spouse attains PR status.

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jurassic
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« Reply #4 on: May 10, 2009, 05:57:02 pm »

If the sponsored person is outside Canada, when is he/she considered to attain "permanent resident status". Is it after he/she
gets his/her permanent resident visa? Is it after he/she lands in Canada?

How about that for an in-land sponsored person?

I am trying to understand what is the final point after which a sponsored person no longer has to live in fear as far as
possible withdrawal of sponsoring is concerned.
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PMM
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« Reply #5 on: May 10, 2009, 06:18:48 pm »

Hi

If the sponsored person is outside Canada, when is he/she considered to attain "permanent resident status". Is it after he/she
gets his/her permanent resident visa? Is it after he/she lands in Canada?

How about that for an in-land sponsored person?

I am trying to understand what is the final point after which a sponsored person no longer has to live in fear as far as
possible withdrawal of sponsoring is concerned.

Either case, when they "land"

PMM
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PMM
jurassic
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« Reply #6 on: May 11, 2009, 04:24:57 pm »

Some more relevant info here

http://www.salamtoronto.org/immFamily.htm
"
Can I withdraw my sponsorship later?
If you decide to withdraw your sponsorship after the CPC begins processing the application for permanent residence, you will not receive a refund. If CIC has already issued a visa, or your relative or family member has already become a permanent resident, you cannot withdraw your sponsorship; you are obliged to support your relative or family member.
"

http://www.migrationlaw.com/news.php?category=Weekly+Column&headline=Right+to+withdraw+sponsorship+denied%3A+Immigration+department+regulations+create+barriers+for+Canadian+sponsors+%E2%80%93+by+Guidy+Mamann
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royl22
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« Reply #7 on: May 18, 2009, 01:42:47 pm »

Thank you all.
The last link is the most interesting in that it contradicts what the other responses suggest, saying, rather,that a sponsor  withdrawal is not automatic after a certain point in the app process. In my case, I was over one year into the application process having received a work permit and applying to renew that permit. I just made a new post because this does not seem to be a certain a thing as some suggested.
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PMM
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« Reply #8 on: May 18, 2009, 05:13:02 pm »

Hi

Thank you all.
The last link is the most interesting in that it contradicts what the other responses suggest, saying, rather,that a sponsor  withdrawal is not automatic after a certain point in the app process. In my case, I was over one year into the application process having received a work permit and applying to renew that permit. I just made a new post because this does not seem to be a certain a thing as some suggested.

Except that is an Immigration consultants take on the matter.  I suggest you read what CIC says about withdrawals.  http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf  Sec. 5.40

PMM
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PMM
royl22
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« Reply #9 on: May 19, 2009, 08:17:30 am »

I have read the IP2 manual a few times and in 5.40 among several statements is:
 "An undertaking is not automatically withdrawn upon the request of the sponsor; the CPC must agree to the withdrawal".
Also, in 12.2 " A sponsor may withdraw an undertaking after processing of the permanent residence has begun. However, CIC must give consent before an undertaking can be set aside".

In my case CPC sent me a letter asking me to respond to the withdrawal of my spouse, they did not say my application has been refused.
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royl22
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« Reply #10 on: May 19, 2009, 08:26:19 am »

I forgot to mention, since CPC is asking me to repond, what can I say to them that would have any impact on the situation?
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rjessome
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« Reply #11 on: May 19, 2009, 11:56:20 am »

I'm no lawyer and you've asked this question on other forums but did not indicate that you had received a letter from CIC.  So this is NOT legal advice just my opinion of what I would do in your situation.  Be truthful in your response and indicate that you and your partner have indeed split but ask for consideration under humanitarian and compassionate grounds.  Indicate that you have established yourself in Canada, are gainfully employed, have integrated into your community, etc.  I would send a letter from your employer, landlord, community groups you may belong to, etc.  I would also research caselaw on Canlii.org to see if there are any other cases similar to your own that would support your situation.  Also, I would hire a lawyer.  Good luck.
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royl22
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« Reply #12 on: May 19, 2009, 12:24:22 pm »

Thank you for your reply.  I am contacting lawyers. 
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jurassic
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« Reply #13 on: May 20, 2009, 07:05:14 pm »

Don't give up and find a good lawyer who will get the CIC to interpret the case in the
"spirit" of law not just its letter. To begin with, that's why the phrases such as "the case processing
center must agree" etc.

If the law is not implemented in correct "spirit", well God save Canada from the crooks who
go on virgin hunting in the third world countries in the name of marriages and then return to Canada
only to revoke their sponsorship.

Hope seniors members - BCGuy, Leon, PMM and others can provide some pointers to *good* lawyers.
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