Sponsorship Landed - Cancellation Pro's, Con's, steps to take..

[MisterBob]

** Need Help **


I just sponsored my common-law and she signed for the permanent residence on March 26th last week.

She realizes she doesn't want to be together anymore and she wants to live on her own if she could. She has "conditional permanent residence" - which means she needs to live with me for 2 more years and to be in a marriage-like relationship together which is not the case.

1) Right now, we both agreed in cancelling her permanent residence but the CBSA (CIC told me to call) told me that they can file an investigation into this but it will take anywhere from 6 months to 2 years and mostly around 2 years to complete it.

2) Her work wants sponsor her and told her to change her sponsorship to a work sponsorship (which CIC told me that doesn't work because she's already a permanent residence? But yesterday when I called they said she can apply for either a visitor visa or work permit if she is sponsored by her work if we cancel her permanent residence)

3) How would this affect me for future sponsorships on my part? And how would this affect her? Will it lead to a bad record on her end? Much appreciated.


MisterBob appreciates all you guys! Please don't hesitate to PM me.

 

[Ponga]

Hello...again,

Maybe she should simply renounce her PR and start over with her employer sponsoring her. Here's a link that describes how to do it:
http://www.cic.gc.ca/english/information/applications/guides/5781ETOC.asp

She should enjoy reading this part:

Can I stay in or return to Canada after renouncing my permanent resident status?

If you live in Canada, you will automatically become a temporary resident after renouncing your permanent resident status. You do not need to make a separate application for temporary residence. Your temporary resident status will be valid for six months. To remain in Canada longer, you will have to apply to extend your stay as a visitor before it expires. You will no longer be allowed to work or study without authorization from Citizenship and Immigration Canada (CIC).

The best part, is that it doesn't cost her a dime to do this and, IMHO, is the best way to simply let you off the hook, financially.

 

[Rob_TO]

Note that as soon as she renounces PR status, she become just a visitor so must immediately quit her job. She would then need to wait for her work to sponsor her for a closed work permit, or to get some other kind of work permit (i.e. like a NAFTA permit if she's from the US and qualifies). In order for her to get PR again she will need to qualify and apply so could be years away.

As for you sponsoring again, you can sponsor someone as soon as you end your current sponsorship/undertaking, and get married/common-law to someone new. You can't sponsor anyone though for 3 years while your current partner keeps her PR status.

 

[bigredmoose]

Note that as soon as she renounces PR status, she become just a visitor so must immediately quit her job. She would then need to wait for her work to sponsor her for a closed work permit, or to get some other kind of work permit (i.e. like a NAFTA permit if she's from the US and qualifies). In order for her to get PR again she will need to qualify and apply so could be years away.

As for you sponsoring again, you can sponsor someone as soon as you end your current sponsorship/undertaking, and get married/common-law to someone new. You can't sponsor anyone though for 3 years while your current partner keeps her PR status.

Rob_TO: Do you know if the employer would still have to submit a labour market opinion showing there's a shortage of qualified Canadians? I'm curious if there's a way around that for someone who had the job legitimately before being unable to work due to status changes.

 

[Ponga]

Since it is the PR applicant that has breached the conditions of her Conditional PR (by deciding to terminate the relationship), I don't see how that decision would over-ride the need for her employer to go through the LMIA `hoop'...since it's her fault that her status would be changing.

 

[bigredmoose]

Since it is the PR applicant that has breached the conditions of her Conditional PR (by deciding to terminate the relationship), I don't see how that decision would over-ride the need for her employer to go through the LMIA `hoop'...since it's her fault that her status would be changing.

I would think that regardless of the reason for an employee losing PR status, the employer would need to go through the LMIA process. I was just curious if someone knew otherwise.

 

[truesmile]

This won't be popular (at the very least members will post lip service to the contrary), but you already called and already reported it. Let due process take its' course, let them have at it for two years if that's what it takes. In the meantime, so long as you're not opposed, let her do what she will. And if that means she will work and contribute to society, all the better.

 

[bigredmoose]

This won't be popular (at the very least members will post lip service to the contrary), but you already called and already reported it. Let due process take its' course, let them have at it for two years if that's what it takes. In the meantime, so long as you're not opposed, let her do what she will. And if that means she will work and contribute to society, all the better.

Booooo! No just kidding, that sounds like reasonable advice. OP has done the right thing by advising CIC of the breakdown.

 

[Rob_TO]

Rob_TO: Do you know if the employer would still have to submit a labour market opinion showing there's a shortage of qualified Canadians? I'm curious if there's a way around that for someone who had the job legitimately before being unable to work due to status changes.

Without an approved LMIA, there is no basis that I know of to get a work permit (unless as I mentioned she is American and job falls under NAFTA).

This won't be popular (at the very least members will post lip service to the contrary), but you already called and already reported it. Let due process take its' course, let them have at it for two years if that's what it takes. In the meantime, so long as you're not opposed, let her do what she will. And if that means she will work and contribute to society, all the better.

Certainly a possibility. If the job qualifies, she could work long enough to qualify to apply for skilled worker/CEC/express entry PR (after losing her own PR).

Only main drawbacks here (though unlikely) are her suddenly going on welfare, or him meeting and marrying someone new and needing to sponsor them.

 

[truesmile]

It occurred to me that there's at least one other breach of Condition 51 here on the forum that was reported and who was not removed. So there's also a chance for that too.

 

[MisterBob]

Note that as soon as she renounces PR status, she become just a visitor so must immediately quit her job.

Info I found for renouncing:
Why would I renounce my permanent resident status?
You no longer want to live in Canada permanently.

What happens if I renounce my permanent resident status?
If you renounce your permanent resident status, you will permanently change your status in Canada as of the day your application is approved by an officer. You will no longer be a permanent resident of Canada.

Can I stay in or return to Canada after renouncing my permanent resident status?
If you live in Canada, you will automatically become a temporary resident after renouncing your permanent resident status. Your temporary resident status will be valid for six months.
If you do not live in Canada, you will no longer have the right to travel to or stay in Canada, unless you meet all regular requirements to obtain temporary resident status.

She would then need to wait for her work to sponsor her for a closed work permit, or to get some other kind of work permit (i.e. like a NAFTA permit if she's from the US and qualifies). In order for her to get PR again she will need to qualify and apply so could be years away.

She just wants to get a work permit asap and doesn't care about the permanent residency after renouncing. What's the best way to transition this situation from after renouncing her status. Her work place really wants to keep her and I'm trying to support her through the best I can through this even those she's the one that ended the relationship of 4 years.

Can you please provide a link for this? I really appreciate it as I am the one that has to figure this out right now.

As for you sponsoring again, you can sponsor someone as soon as you end your current sponsorship/undertaking, and get married/common-law to someone new. You can't sponsor anyone though for 3 years while your current partner keeps her PR status.

Thank you. This helps so much as I am worried about that affecting me to sponsor anyone else even though if I chose to. I'm sure I will be more careful to do so again in the future but its always good to know that it does not limit to do so. I'm sure CIC will hesistate to allow me to sponsor someone else and make it a bit more difficult for me if I do choose that route I think.



Questions: How long will it take for officer to approve the application for renouncing status? What's the fastest way to transition this and for her to get a work permit?



And once again.. thank you everyone that is reading this. I am not trying to get answers here without doing research on my own. I am trying my best here and your help really is greatly appreciated to make this so much smoother for me without missing some critical information that I need to know.


Sincerely,
MisterBob

 

[Ponga]

It's nice that you're still willing to help her, but...don't become a doormat!

Remember, until she renounces her PR, YOU are still financially responsible for her!

As Rob_TO mentioned, look into NAFTA opportunities if she's from the U.S. or Mexico.
http://www.canadavisa.com/nafta-work-permits.html

 

[MisterBob]

It's nice that you're still willing to help her, but...don't become a doormat!

Remember, until she renounces her PR, YOU are still financially responsible for her!

As Rob_TO mentioned, look into NAFTA opportunities if she's from the U.S. or Mexico.
http://www.canadavisa.com/nafta-work-permits.html

Pongaaaaaaaa!! you are like my bff right now if you popping up like this LOL!

Yeah.. not trying to be a door mat. Just trying to be the most understanding as I can - and instead of using hatred and guilt, I chose to be better person and understand the situation it has become without using negativity. All people do have some good quality and I try to look at it from that perspective even though she has surprised me with this (from my point of view).

She's a japanese citizen! Like always.. thanks for always replying to my posts Ponga.

 

[Rob_TO]

Info I found for renouncing:
Why would I renounce my permanent resident status?
You no longer want to live in Canada permanently.

What happens if I renounce my permanent resident status?
If you renounce your permanent resident status, you will permanently change your status in Canada as of the day your application is approved by an officer. You will no longer be a permanent resident of Canada.

Can I stay in or return to Canada after renouncing my permanent resident status?
If you live in Canada, you will automatically become a temporary resident after renouncing your permanent resident status. Your temporary resident status will be valid for six months.
If you do not live in Canada, you will no longer have the right to travel to or stay in Canada, unless you meet all regular requirements to obtain temporary resident status.

Right that means she can get 6-months status as a VISITOR only. No working allowed once PR is renounced.

She just wants to get a work permit asap and doesn't care about the permanent residency after renouncing. What's the best way to transition this situation from after renouncing her status. Her work place really wants to keep her and I'm trying to support her through the best I can through this even those she's the one that ended the relationship of 4 years.

Can you please provide a link for this? I really appreciate it as I am the one that has to figure this out right now.

He employer must go through the LMIA process to get her a closed work permit. It will cost them a fee of around $1000, I believe they must officially advertise the job to prove they can't find a suitable Canadian to hire, and may take several months for a decision to be made if the LMIA is successful. I'm not sure if they can begin the general LMIA process before she's renounced her PR. But inbetween that time she loses PR and until a decision is made on any LMIA, she can NOT work there.
http://www.cic.gc.ca/english/hire/offers.asp
http://www.cic.gc.ca/english/work/employers/lmo-basics.asp

Once her PR is renounced she can also apply through the IEC/Working Holiday program for Japanese citizens, to get an open work permit. However that is subject to certain times the program is open, and while spots actually remain.

Also if you haven't actually officially reported the relationship breakdown to CIC/CBSA yet, then if you simply don't mention anything after 2 years her PR will turn into a regular PR so she can then stay forever. And after 3 years your undertaking commitment will end and you could sponsor someone new if you wanted to.

 

[Ponga]

Also if you haven't actually officially reported the relationship breakdown to CIC/CBSA yet, then if you simply don't mention anything after 2 years her PR will turn into a regular PR so she can then stay forever. And after 3 years your undertaking commitment will end and you could sponsor someone new if you wanted to.

Exactly, but...what happens if/when the OP meets someone new and wants to sponsor that person? He and his new partner would now need to wait for those 3 years to pass, before he can do anything.

While it seems like a good idea now to `help her through this', MisterBob needs to realize that his life will go on too!

Such a difficult and heartbreaking situation for sure.