Cancelling Sponsorship Last Minute

[Vincywife]

Can I cancel sponsorship after decision made? The letter is not here yet. It was sent on Aug 17th. I've made a big mistake.

 

[CharlieD10]

You can cancel it anytime BEFORE the applicant "lands" as a PR.

 

[aerogurl87]

Can I cancel sponsorship after decision made? The letter is not here yet. It was sent on Aug 17th. I've made a big mistake.

I hate to be nosy, but may I ask what happened?

 

[aman3151]

ohh ???

sad ... y u wana do dis...is evrythng alrite??

 

[Kedeisha]

Isnt it before a visa is issued? That was my understanding as the PR doesn't have to tell the person when they are coming?

http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq10.asp

If you change your mind about sponsoring a family member, you must write a letter to the appropriate Case Processing Centre before a permanent resident visa is issued. Once permanent resident visas are issued, the promise that you and, if applicable, your co-signer, made to support your family member is valid for the term of your application.

The application is an unconditional promise of support. For example, the granting of Canadian citizenship, relationship breakdown or moving to another province does not cancel the application. The application also remains in effect if your financial situation changes and you can no longer afford to provide financial support.

 

[canadianwoman]

There was a recent case where the Canadian husband withdrew sponsorship after his Pakistani wife had the PR visa. She tried to land, but was denied. It seems, though, that she could have appealed.

 

[CharlieD10]

Even if the visa is issued, PR status does NOT take effect until the applicant has landed. As such, a sponsor may withdraw their sponsorship at any time prior that happening. It is not the issuing of the visa that makes someone a PR, it is the process of "landing", that is why PR visas have an expiration date.

Once the person has landed, the sponsor cannot withdraw the sponsorship anymore as the process of sponsoring the person to become a PR is complete. The applicant now has all the rights (and responsibilities) of a PR, and cannot be denied these by the sponsor, only by the government.

 

[Kedeisha]

Based on the answer from the CIC website the answer seems to be before a Visa is issued as after the Visa is issued and u attempt to land before its expiry then the agreement stands, hence why the lady from Pakistan might have been allowed to appeal as she was issued a visa

 

[CharlieD10]

In this case, where the application is Inland, IP 2 states the following:

A withdrawal can only occur before a final decision in taken, meaning:
• with respect to sponsorships of overseas cases, if a permanent resident visa has
not been issued.
• with respect to the spouse or common law-partner in Canada class, up to and
prior to the moment the Confirmation of Permanent Residence status document
is entered into FOSS;

Inland officers have the same discretion as port-of-entry officers in considering the
fact that a sponsor has requested to withdraw a sponsorship undertaking, and that
this may indicate that the sponsor does not intend to fulfil the terms of their
undertaking on behalf of the sponsored applicant.
For inland cases, an approval in principle of the sponsorship undertaking is not a
“final decision “ and does not preclude the successful request to withdraw an
undertaking.

Although a "decision made" letter has been issued in this case, if the landing interview has not yet taken place, the following section of IP 2 may also apply:

(Scenario) The sponsor requests to withdraw their undertaking after the final decision has
been made (either a Confirmation of Permanent Residence issuance has been
entered into FOSS or a visa issued) . The CPC cannot agree to the withdrawal
and the sponsor must honour their undertaking. The CPC-M or CPC-V will
respond to the sponsor indicating that they may not withdraw their undertaking
and must uphold the obligations for that undertaking’s validity period.
However, a sponsor’s request to withdraw an undertaking may be considered as
evidence that the sponsor will not honour it. This information will be considered at
POE and the applicant may not be granted permanent residence on the basis that
circumstances have changed with respect to their application. Should this occur, this
does not mean that the sponsor may withdraw their application nor that a decision
has been made with respect to their request to withdraw.

 

[ddobro2]

I agree. Especially given that this is an Inland application, which takes even longer. Are you really sure you want to cancel this after all the time and energy expended?

ohh ???

sad ... y u wana do dis...is evrythng alrite??

 

[rjessome]

In this case, where the application is Inland, IP 2 states the following:

A withdrawal can only occur before a final decision in taken, meaning:
• with respect to sponsorships of overseas cases, if a permanent resident visa has
not been issued.
• with respect to the spouse or common law-partner in Canada class, up to and
prior to the moment the Confirmation of Permanent Residence status document
is entered into FOSS;

Inland officers have the same discretion as port-of-entry officers in considering the
fact that a sponsor has requested to withdraw a sponsorship undertaking, and that
this may indicate that the sponsor does not intend to fulfil the terms of their
undertaking on behalf of the sponsored applicant.
For inland cases, an approval in principle of the sponsorship undertaking is not a
“final decision “ and does not preclude the successful request to withdraw an
undertaking.

Although a "decision made" letter has been issued in this case, if the landing interview has not yet taken place, the following section of IP 2 may also apply:

(Scenario) The sponsor requests to withdraw their undertaking after the final decision has
been made (either a Confirmation of Permanent Residence issuance has been
entered into FOSS or a visa issued) . The CPC cannot agree to the withdrawal
and the sponsor must honour their undertaking. The CPC-M or CPC-V will
respond to the sponsor indicating that they may not withdraw their undertaking
and must uphold the obligations for that undertaking's validity period.
However, a sponsor's request to withdraw an undertaking may be considered as
evidence that the sponsor will not honour it. This information will be considered at
POE and the applicant may not be granted permanent residence on the basis that
circumstances have changed with respect to their application. Should this occur, this
does not mean that the sponsor may withdraw their application nor that a decision
has been made with respect to their request to withdraw.

This is correct, and also, the holder of the PR visa would still have the right of appeal to the IAD of the IRB per S. 63(2) of IRPA if they tried to land:

(2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

 

[Kaycee1]

I considered the same thing but finally decided to go through with my husband's sponsorship and he landed recently. If you cancel it, that will be permanent, no chance of reconciliation or working things out with your partner!! Make sure you are ABSOLUTELY sure, not just doing this in the heat of the moment!

 

[canadianwoman]

Is this scenario correct?: the applicant has a PR visa and attempts to land, but the sponsor has informed CIC that he/she wants to withdraw sponsorship because the relationship has broken down. The applicant then should tell the border agent about the change in family circumstances. Since the family circumstances have changed, the PR visa is no longer valid. Therefore the border agent does not have to let the applicant land.

 

[PMM]

Hi

Is this scenario correct?: the applicant has a PR visa and attempts to land, but the sponsor has informed CIC that he/she wants to withdraw sponsorship because the relationship has broken down. The applicant then should tell the border agent about the change in family circumstances. Since the family circumstances have changed, the PR visa is no longer valid. Therefore the border agent does not have to let the applicant land.

Right. The Federal Court has ruled basically that the application starts at the time it is submitted and is only complete when the person "lands" So the application can be withdrawn by the sponsor at anytime up to the point of "landing"