Fled from Abusive Sponsor

[tabasco73]

What do i do? Immigration was ready to give me an answer all i needed was to apply for my son's passport and renew my crminal check. Now my Husband(sponsor) cancelled his sponsorship out of spite so he could have me deported. But i have 2 children one wich is canadian born citizen and his. He trying to have me deported so that i may never see my daughter again.

can he do this? he already sighned the sponsorship and he was approved a while back. Can he just cancel it just like that? I also lost my status here in canada.

 

[PMM]

Hi

What do i do? Immigration was ready to give me an answer all i needed was to apply for my son's passport and renew my crminal check. Now my Husband(sponsor) cancelled his sponsorship out of spite so he could have me deported. But i have 2 children one wich is canadian born citizen and his. He trying to have me deported so that i may never see my daughter again.

can he do this? he already sighned the sponsorship and he was approved a while back. Can he just cancel it just like that? I also lost my status here in canada.

Yes the sponsor can cancel. You should be seeking legal aid for both the child custody and support as well as your Immigration problems. Suggest that you contact legal aid in the community in which you live, they should either help or point you in the direction of legal help which you will need.

 

[DancingFeather]

A change of plans

:?: Really, can a sponsor cancel once he has signed and it was approved? I don't believe a sponsor should have the right to cancel a sponsorship unless a very substantial reason can be proven. I have a friend who tried to cancel her sponsorship once she caught him in an adultrous act. Immigration said, "No, once it is accepted it cannot be cancelled." So how come you are saying he can?

 

[PMM]

Re: A change of plans

Hi

:?: Really, can a sponsor cancel once he has signed and it was approved? I don't believe a sponsor should have the right to cancel a sponsorship unless a very substantial reason can be proven. I have a friend who tried to cancel her sponsorship once she caught him in an adultrous act. Immigration said, "No, once it is accepted it cannot be cancelled." So how come you are saying he can?

As long as Approval in Principle has not been given (waive provision of the Act) then the sponsor can cancel.

R126 "A decision shall not be made on an application for permanent residence by a foreign national as a member of the spouse or common-law partner in Canada class if the sponsor withdraws their sponsorship application in respect of that foreign national."

 

[DancingFeather]

:?: Then one has to find out where exactly the process is. If it is in the final stages and all was signed..can he still do that. I know here in montreal you cant

 

[tabasco73]

Okay, Well i do already have my approval in principle...immigration called and said they are ready to give me an answer that i just need a new criminal report from the state that I am from and my childs passport.

 

[DancingFeather]

Well, it would have surprised me that immigration would accept that he cancel his sponsorship just because he doesn't want you anymore. There are laws to protect you and there is the humanitarian side that they must look into. They cannot cancel a sponsorship just on a whim, there is an investigation that is done and he has to give a darn good reason and proof of what he says. Immigration are not fools and know how people act. They have seen everything inimaginable.

You can contest because they accepted that he sponsor you so you also have your rights. Don't let anyone convince you otherwise. Go see a lawyer and be protected.

 

[tabasco73]

Actually it hasn't happened yet I checked my application online, and nothing has been cancelled. So i guess it's just my hubby trying to instill fear. Immigration has not called saying sponsorship has been withdrawn.

 

[DancingFeather]

I absolutely agree with you that he is just being more abusive and he knows darn well he cannot cancel his sponsorship without proof of what he would say. You will get your PR..I am positive of that and I would get myself a immigration lawyer to protect you of your rights and against your abusive husband. We do have organisations here that help women in abusive marriages and even supply the lawyer to boot.

So if I were you I would go to one of the womens shelter organizations and tell them what is going on. Your husband will get a little surprise trust me and he won't be abusing you anymore. Matter of fact he better watch himself as he may get into alot of trouble and who knows maybe he would be the one to get deported. Life sometime brings surprises to those who abuse it.

Don't be afraid, here in canada women's rights are valued and women here are very much protected more than anywhere else in the world.

 

[tabasco73]

does the abuse never end?Sponsor/hubby now took me off the checking account so i have no acess to money at all! my sponsor is sponsoring both me and my 11 yearold sonand when i posted my first post, I failed to mention I was already in a women's shelter but knowing wether or not he could cancel sponsorship this far in the process was my main concern. I am notifying Immigration first thing monday morning or this denying me money knowing that i have 2 children with me one that he is sponsoring.

 

[DancingFeather]

Yes, once a man starts to be abusive, there is not end. Not only would I call immigration, because he has to take care of you both no matter what. The laws here clearly state that a man has to provide for you especially he has signed.

For the abuse, have you filed a police report. It is very important that you do file a police report and you can apply for welfare because of the circumstances & he will have the welfare on his back as he will have to repay them. He has to provide for you. Maybe where he comes from he can get away with it..but not here.

Get a lawyer immediately. You will need an immigration lawyer who knows how to handle these things and call the welfare. Talk to the person in charge at the shelter. You can also ask protection from the police. Ask the lawyer that you get that he cannot come in your prescence for so many feet..and very far. Unfortunately, even if the father is abusive sometimes the law is crazy and allows the father to see his children but if he was abusive with the children then you can get whole custody and not allow him to come neare u and the kids.

If you can get this then you will be able to move to another province and even change your names if he is dangerous.

 

[BCbound]

NO the law does not say a man has to provide for you. What your husband has undertaken is to be financially responsible to CANADA for you as your sponsor. A big difference.

I'm beginning to wonder about you feather. How long have you been in Canada?

 

[DancingFeather]

Since when does a married man not required to give alimoney to his wife? It is the law and even women when divorced if they are working and depending on her salary must pay alimoney to the husband if he is keeping the child for support.

I was born in Canada and I should know..I got divorced and my husband had to pay alimony and even threatened by the judge if he didn't pay his salary would be seized. To take precaution, it was taken out of his salary and sent to the court who then sent to me.

Now whether you are married or not and working, you have to supply money for a child or children to whoever has custody. My in house help has never been married and has a child. She has to pay alimony to her ex-live in boyfriend even though he is making 36,000 a year and has the child's allowance also. She is making way less than he is and the lawyer on his side was asking 60$. I told her when she went to court that she could pay ony 30$ because he is making way more than she is and she is on what she is making liable only for 30$ and that is what she is paying.

Actually, he doesnt need the money and doing it just to spite her because she left him on account of abuse.

Now call any lawyer and ask if a married man or not who has a child if he must pay or not and you will see he will tell you he must. Even if he is on welfare he has to pay. It is taken out of his check. I know, because I have a friend who fell on welfare and the money was taken out of his check for the mother of the child.

Now if that was the case, men would be having a whooptedooo time making kids then abandoning them.

YES HE DOES HAVE TO PAY ALIMONEY...IT'S HIS KIDS AND RESPONSIBLITY..plus he must give enough so that she also can survive as she is not working. If she applies for welfare he will have to pay welfare back if he is working.

I don't know from what planet you come from but here on Earth men do pay alimony in Canada. I should know..I got it.

 

[DancingFeather]

:idea: I forgot..he is not only the sponsor...but the husband therefore HE HAS TO PAY alimony to her. If I were her sponsor I would not have to pay alimony if I retracted my sponsorship and only if it is accepted otherwise I would be liable for any debts, welfaire etc that she got for 3 yrs. That is the law

So no matter if her husband retracts the sponsorship which I will be surprised that they will accept it, HE IS still responsible not only as her sponsor if immigration doesnt accept but as her husband as well. No matter what he does one way or the other he has to pay for the children and for her if she is a stay at home mom. That is the law in Canada.

 

[Angie]

Hhmmm it seems BC Bound is opinionated and making personal comments about a few people on this forum.

Surely the forum is about helping people? if you think someone is giving incorrect information then I think there is a more diplomatic way to put it.

Using abusive comments and patronising comments is not what people on this forum need. We are all here to help one another and if not, then dont post here! (BC Bound that means you, I read your comments and then read through your previous posts for other people, to think I actually replied to one of your requests for advice..... wish I hadnt bothered)

Dancing Feather, thanks for passing on your personal experiences at least you were willing to offer some advice.