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Divorce before the landing and after COPR

Attak

Hero Member
Dec 29, 2016
269
72
It is not up to IRCC to allow it. The sponsor is giving them CLEAR INSTRUCTIONS that he no longer wants to be responsible for the applicant. Procedurally, IRCC MUST comply.
At what point does a sponsor right to withdrawal is curtailed is it not when a final decision is made? Is landing the final decision or the confirmation of PR
 

jddd

Champion Member
Oct 1, 2017
1,517
565
At what point does a sponsor right to withdrawal is curtailed is it not when a final decision is made? Is landing the final decision or the confirmation of PR
The sponsor has the right to withdraw until the applicant lands. Landing is not a decision process. I thought I explained it enough. Landing is where you get PR.

It seems you are saying that once a COPR is issued then the sponsor has no choice but to be responsible for the applicant. This is Canada, our freedom to make that life changing choice is a right.

Once again, the sponsor has a right to withdraw his sponsorship or change his mind until the applicant becomes a PR during landing.
 
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notpudding

Star Member
Jan 24, 2019
54
50
USA
Category........
FAM
App. Filed.......
26-11-2018
AOR Received.
22-01-2019
"You can withdraw your sponsorship application at any time before the relative you are sponsoring becomes a permanent resident of Canada."

PA is not a PR until COPR is stamped at landing.
 

zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html

Withdraw your sponsorship application
You can withdraw your sponsorship application at any time before your spouse, partner or child becomes a permanent resident of Canada.

To do so, send us your request and include:

  • your name
  • your date of birth
  • your complete address
  • the date the application was sent
  • your client ID number, which is your unique client identifier (UCI) (if you know it)
  • the type of application (for example, sponsorship of my spouse)
  • a copy of the electronic payment receipt
If your sponsored relative becomes a permanent resident before we get your request, you can’t withdraw the application. You’ll have to respect your sponsorship obligations.


DM is not the point in time that you become a Permanent Resident. It requires either a Port of Entry landing or a "landing" at an IRCC office in Canada.
 
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canuck_in_uk

VIP Member
May 4, 2012
31,558
7,196
Visa Office......
London
App. Filed.......
06/12
It is not a straight forward cancellation because they have already confirmed the PR, divorce at that stage will not affect the applicant.
It is a straight forward cancellation. She is NOT a PR and the relationship is over.
 
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Attak

Hero Member
Dec 29, 2016
269
72
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html

Withdraw your sponsorship application
You can withdraw your sponsorship application at any time before your spouse, partner or child becomes a permanent resident of Canada.

To do so, send us your request and include:

  • your name
  • your date of birth
  • your complete address
  • the date the application was sent
  • your client ID number, which is your unique client identifier (UCI) (if you know it)
  • the type of application (for example, sponsorship of my spouse)
  • a copy of the electronic payment receipt
If your sponsored relative becomes a permanent resident before we get your request, you can’t withdraw the application. You’ll have to respect your sponsorship obligations.


DM is not the point in time that you become a Permanent Resident. It requires either a Port of Entry landing or a "landing" at an IRCC office in Canada.
Ok this one is well explained
 

Attak

Hero Member
Dec 29, 2016
269
72
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html

Withdraw your sponsorship application
You can withdraw your sponsorship application at any time before your spouse, partner or child becomes a permanent resident of Canada.

To do so, send us your request and include:

  • your name
  • your date of birth
  • your complete address
  • the date the application was sent
  • your client ID number, which is your unique client identifier (UCI) (if you know it)
  • the type of application (for example, sponsorship of my spouse)
  • a copy of the electronic payment receipt
If your sponsored relative becomes a permanent resident before we get your request, you can’t withdraw the application. You’ll have to respect your sponsorship obligations.


DM is not the point in time that you become a Permanent Resident. It requires either a Port of Entry landing or a "landing" at an IRCC office in Canada.
But in situations where the PA has already acquired the visa to come to Canada and wasn't aware that the sponsor had withdrawn what is the position of the PA. Would they still refuse entry
 

jddd

Champion Member
Oct 1, 2017
1,517
565
But in situations where the PA has already acquired the visa to come to Canada and wasn't aware that the sponsor had withdrawn what is the position of the PA. Would they still refuse entry
Yes they will refuse entry.

Edit: unless there is a valid tourist visa or something and the person can prove he or she will not try to live in Canada.

To clarify, the person will NOT become PR.
 
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zardoz

VIP Member
Feb 2, 2013
13,304
2,166
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
But in situations where the PA has already acquired the visa to come to Canada and wasn't aware that the sponsor had withdrawn what is the position of the PA. Would they still refuse entry
Yes, they will, and have done so in the past, much to the surprise of the PA. They *may* allow them to enter as a visitor on the back of their IM-1 visa but they will confiscate the COPR and void the IM-1.
 
Last edited:

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
The adult thing to do would be to either contact her or communicate through lawyers warning her that due to the divorce you were forced by law to cancel her sponsorship. Not a pleasant thing to do but wouldn't want her to quit her job and pack up her stuff only to get turned back at the airport.
 

JaredWins

Newbie
Mar 10, 2020
3
0
VISA ISSUED...
28-10-2019
Does this apply to being separated too? Where your spouse(wife) is the primary applicant and has landed in Canada only to file for divorce afterwards. Will the husband who has COPR be allowed entry?
 

canuck78

VIP Member
Jun 18, 2017
52,981
12,775
Does this apply to being separated too? Where your spouse(wife) is the primary applicant and has landed in Canada only to file for divorce afterwards. Will the husband who has COPR be allowed entry?
The wife can withdraw the secondary applicant. Did she use points based on your profile?
 

JaredWins

Newbie
Mar 10, 2020
3
0
VISA ISSUED...
28-10-2019
We did everything together and applied. Medical exams,cert verification,proof of funds.Ielts. Everything. Just crazy