Cancellation of PR through spousal

[DuberBlue]

That definitely changes it to a 'conditional PR' stance since it was after Oct 2012.

Rob? What happens to an applicant/sponsor if the relationship breaks down before those conditional 2 years are up?

I know it exists, hell, I will also be subject to it once mine application is finalized, but I have NO IDEA what it means. LOL

Like rob said no one really knows.. My gut feeling is that the CIC isn't going to actively follow up on every new PR in two years, but that this new law gives them teeth to make PR status revocable. So within a two-year period a sponsor COULD report a breakdown and the CIC can move to act and cancel a PR status and possibly, even better, issue a removal order.

Of course all that alone doesn't necessarily just happen on the word of the sponsor alone...so maybe there's a due process in there as well.

 

[Alurra71]

Like rob said no one really knows.. My gut feeling is that the CIC isn't going to actively follow up on every new PR in two years, but that this new law gives them teeth to make PR status revocable. So within a two-year period a sponsor COULD report a breakdown and the CIC can move to act and cancel a PR status and possibly, even better, issue a removal order.

Of course all that alone doesn't necessarily just happen on the word of the sponsor alone...so maybe there's a due process in there as well.

You know, what is the point of having the conditional PR if the word of the sponsor alone is not enough? The Sponsor is the one who takes on the responsibility for 3 years to care for this person fully. If they leave the sponsor, the sponsors word alone should be enough for them to either A Step in and remove this persons PR status and deport them back to whence they came or at the very least B Relieve the sponsor of their undertaking because the conditional part has got to mean SOMETHING if they are screwed over, otherwise, it's just a threat and has absolutely no backbone.

If it has no backbone it will not take long before folks realize that and begin abusing the immigration/spousal situation in which this law was specifically created to stop.

 

[DuberBlue]

You know, what is the point of having the conditional PR if the word of the sponsor alone is not enough? The Sponsor is the one who takes on the responsibility for 3 years to care for this person fully. If they leave the sponsor, the sponsors word alone should be enough for them to either A Step in and remove this persons PR status and deport them back to whence they came or at the very least B Relieve the sponsor of their undertaking because the conditional part has got to mean SOMETHING if they are screwed over, otherwise, it's just a threat and has absolutely no backbone.

If it has no backbone it will not take long before folks realize that and begin abusing the immigration/spousal situation in which this law was specifically created to stop.

I was thinking more of the, likely extremely odd, case where the sponsor is the one doing the leaving. It just seemed a bit unfair to me that a sponsor can unilaterally decide to terminate the sponsorship, let's say simply because they don't want to maintain the undertaking...and this would leave the applicant screwed anyways through no fault of their own.

Of course, if this really IS the case, then the sponsorship is still invalid and this should negate PR status anyway. Bottom line is that obviously in a sponsorship undertaking, there has to be a trust on BOTH sides

 

[Rob_TO]

I was thinking more of the, likely extremely odd, case where the sponsor is the one doing the leaving. It just seemed a bit unfair to me that a sponsor can unilaterally decide to terminate the sponsorship, let's say simply because they don't want to maintain the undertaking...and this would leave the applicant screwed anyways through no fault of their own.

Of course, if this really IS the case, then the sponsorship is still invalid and this should negate PR status anyway. Bottom line is that obviously in a sponsorship undertaking, there has to be a trust on BOTH sides

Plus there will be genuine cases where the sponsor is abusive towards the PR holder, and the PR holder will be scared to leave for fear of losing PR and being deported, or sponsor can use this power to continue the abuse.

These cases are probably small in number though, but as i stated I wouldn't be surprised at all if people who faked a relationship to get PR status, makes false abuse allegation claims or files police reports, just so they can get out the conditional PR rules. It will be interesting to see what happens when CIC actually starts dealing with some of these conditional PR cases.

 

[Alurra71]

Plus there will be genuine cases where the sponsor is abusive towards the PR holder, and the PR holder will be scared to leave for fear of losing PR and being deported, or sponsor can use this power to continue the abuse.

These cases are probably small in number though, but as i stated I wouldn't be surprised at all if people who faked a relationship to get PR status, makes false abuse allegation claims or files police reports, just so they can get out the conditional PR rules. It will be interesting to see what happens when CIC actually starts dealing with some of these conditional PR cases.

I thought folks already used those 'excuses' to get out even before conditional was set up! LOL At least I have read of several that did, although I am not sure why, perhaps to get the 'dogs' off their heels for misrepresentation? I dunno *shrugs*

I, personally, think there should be a little bit more than a finger pointing and claiming of abuse when it comes to getting out of a relationship involving PR. If the only reason you wanted to come to Canada in the first place was to be with your oh so loving spouse, then what does it matter if after 2 months of being here they were abusive you wanted out and were sent back home to your own country? You wanted to be here for your spouse, right, not just simply to get into Canada? If a question like that was asked and the PR raised hell over it then it would be a pretty good indicator that the spouse was NOT actually abusive and the PR only wanted to use them to get to Canada.

Too bad common sense is not allowed on the gov't level, eh? LOL

 

[jazzy1991]

how do a person get to know what decision CIC or CBSA has taken on his MOC report or withdrawal of sponsorship