Revoking spousal sponsorship

[Kaibigan]

No need to be sorry @scylla . Your opinion is respected, as always.

I suppose I must accept that I am wrong in my view that, if someone in the OP's position can appeal to their spouse to hold off on calling off the sponsorship and the marriage, that is a reasonable course. It would seem, that the common view is that, if there are difficulties in a relationship where PR sponsorship is in the works, best to end it without trying to work things out, lest one be stuck with the 3-year financial obligation. Okay. I get it.

 

[Kaibigan]

Maybe help you with your grammar first

Please begin the lesson. I am here to learn, as much as anything else.

 

[Flyingfast]

Another consideration is that, as a practical matter, she cannot commence divorce proceedings until you have been separated for at least one year.

No true. In Canada you can file for divorce and start the proceedings anytime at the courthouse. Even before you officially separate. The divorce can't be finalized until you reach the 12-month mark or if you prove the relationship was abusive to waive the 12-month period.

 

[Flyingfast]

She should, at least, agree to a period of separation and give you time to get your ducks in a row as a new resident here.

That is called fraud and misrepresentation. Did you know that you are required to inform IRCC of any changes in the relationship, such as separation?

 

[Kaibigan]

No true. In Canada you can file for divorce and start the proceedings anytime at the courthouse. Even before you officially separate. The divorce can't be finalized until you reach the 12-month mark or if you prove the relationship was abusive to waive the 12-month period.

Well, did I not say "As a practical matter" you have to wait for separation for more than one year. While it might be possible to file the proceeding ahead of that date, where does that get one? There can be no divorce until that time has passed. You cannot "waive" the 12 months, but you may obtain a divorce without a 12-month separation period if you plead and prove any of the other grounds under the Divorce Act.

I cannot speak for the rest of Canada, but in BC, divorce proceedings are usually commenced by Notice of Family Claim. Before coming to the prayer for relief part of the form, it asks for relationship history, including date of separation. The form asks if you are seeking a divorce. If you check "yes", then you must complete Sched. 1, which asks for grounds. If based on separation grounds, again, date of separation must be given.

I'll wait for you to tell me what I am missing and how the document will be accepted for filing at any BCSC registry in advance of separation occurring. You seem to suggest that the petition for divorce may be filed, endorsing on the form something like: "We are not yet separated, but we're working on it." I doubt that, but you know a lot more than I do about divorce and how the courts of all provinces deal with the requisite filings. I have law practice experience in BC only, so I am more limited.

Again, I see little practical benefit in filing proceedings before the 12 months have passed, if separation be the grounds. But you have challenged my post, so maybe you can say why I am wrong. It will prove illuminating to all.

 

[Kaibigan]

That is called fraud and misrepresentation. Did you know that you are required to inform IRCC of any changes in the relationship, such as separation?

And just how far does this duty of disclosure extend? Let's say couples have a fight. One goes off in a huff and stays with old roommate or parents for a week. Do they call IRCC?

All right, let's take it a bit further. The couple has been going through a rough patch and agree to separate, but with some thought that a cooling off period, some time apart, might allow them to re-focus on the relationship, unburdened with (for example) some of the fallout of a recent angry exchange of hurtful words, let's say. Again, are couples engaged in the sponsorship process subject to some standard that ordinary couples are not? Can they not take a step back for a time, in hopes of being able to put things together and live in peace yet again? Must they immediately contact the IRCC and report that things have gone bust after being apart for 24 hours, or some other prescribed period?

Are those who do not invite the IRCC into their bedrooms, and who do not precipitously report every ripple in their relationship to the IRCC, guilty of fraud and misrepresentation?

Don't for get my grammar lesson for today, please. I am in the Philippines at present, so 16 hours ahead of BC time. It's 11 p.m. Saturday there; 3 p.m. Sunday here. Not sure where you are, but I accept I might have to wait awhile for my first grammar lesson. I would imagine you have found the lacuna in my knowledge of grammar to be vast, so I expect a series of lessons will be necessary in order to get me up to an at least minimally functional level. Looking forward to it.

 

[Flyingfast]

You are all missing a key point:

In the sponsorship undertaking form, it is clearly noted that the undertaking cannot be taken away by the sponsor, and that the responsibility starts, in the case of an individual already in Canada, when they apply for a temporary resident permit (such as a (open) work permit) after the sponsorship application has been filled.

Since it's been told that the work permit was issued, then the wife's undertaking has already started, and will last until 3 years after the applicant becomes a PR. She has no legal ground to remove the sponsorship by itself. All she can do is message IRCC saying she wants to separate from her husband. It is then up to IRCC to declare the application valid or not valid on the grounds of the relationship between the sponsor and the applicant having changed, but there is specifics policies in place to protect applicants from an abusive relationship with their sponsor.

I'd obviously try my best to mend the relationship if at all possible, but if not, there is some grounds to keep the PR application going.

Not correct at all! The sponsor can withdraw the application at any time for any reason prior to the sponsored person landing.

 

[Xilikon]

You are all missing a key point:

In the sponsorship undertaking form, it is clearly noted that the undertaking cannot be taken away by the sponsor, and that the responsibility starts, in the case of an individual already in Canada, when they apply for a temporary resident permit (such as a (open) work permit) after the sponsorship application has been filled.

Since it's been told that the work permit was issued, then the wife's undertaking has already started, and will last until 3 years after the applicant becomes a PR. She has no legal ground to remove the sponsorship by itself. All she can do is message IRCC saying she wants to separate from her husband. It is then up to IRCC to declare the application valid or not valid on the grounds of the relationship between the sponsor and the applicant having changed, but there is specifics policies in place to protect applicants from an abusive relationship with their sponsor.

I'd obviously try my best to mend the relationship if at all possible, but if not, there are some grounds to keep the PR application going.

You are wrong... Let me tell my own experience :

I was a sponsor in an inland PR application with my then-wife from South Korea in 2018. We moved back together to Canada in June, filed the application in July and got AOR and CSQ requests that I sent to MIFI by the end of August. After struggling with the relationship (it was the living adjustments which became unbearable for me due to her stubbornness). I decided at the end of September to call IRCC to withdraw the application and it was granted but just at the time of the call, the work permit was issued by them but they didn't let this stop me from withdrawing. They just told me that OWP is valid and that she can use it to stay in Canada.

As for the undertaking, as the application was withdrawn, I don't owe her anything but it's a different thing in a court of divorce because a judge can still force you to pay alimony for her if she decides to stay in Canada even on just an OWP or visitor visa. Undertaking starts when the PA lands with a COPR/eCOPR.

For the OP, it's unfortunate what you are experiencing but I will have to agree with others your wife has the right to withdraw anytime as a sponsor so you will have to try via other means like EE or study permit. But you might have some support from the court about divorce and she might have to pay alimony to support your stay in Canada, especially if you have a valid OWP.

 

[scylla]

You are all missing a key point:

In the sponsorship undertaking form, it is clearly noted that the undertaking cannot be taken away by the sponsor, and that the responsibility starts, in the case of an individual already in Canada, when they apply for a temporary resident permit (such as a (open) work permit) after the sponsorship application has been filled.

Since it's been told that the work permit was issued, then the wife's undertaking has already started, and will last until 3 years after the applicant becomes a PR. She has no legal ground to remove the sponsorship by itself. All she can do is message IRCC saying she wants to separate from her husband. It is then up to IRCC to declare the application valid or not valid on the grounds of the relationship between the sponsor and the applicant having changed, but there is specifics policies in place to protect applicants from an abusive relationship with their sponsor.

I'd obviously try my best to mend the relationship if at all possible, but if not, there is some grounds to keep the PR application going.

100% incorrect. Please don't pass on wrong information. The sponsor is entitled to withdraw sponsorship at any time and cancel the application.

It is incorrect that the wife's understaking has already started since the work permit has been issued. The undertaking does not start until the PR application is fully approved and the applicant has landed and officially become a PR.

Once again, the sponsor can absolutely withdraw and cancel at this point in the application. IRCC will process the cancel / withdraw without any reviews.

If you disagree with this, please provide a link to the IRCC website where it states that the undertaking starts when the work permit is issued.

 

[Tarikla]

I stand corrected. Deleted my post, sorry everyone.

 

[YVR123]

I’m absolutely devastated about it we have been living together for a whole year. I do not want the divorce we both just haven’t been able to cope with the pressure of me not being able to generate income. Until just now. I am very much in love with her still and I’m trying to hold myself together.
She is adamant that she wants divorce so what else can I do?
I cannot force someone to love me back

I just want to know if I was going to be forced out of the country straight away etc. I’m terrified.
I would do anything to have my wife and family back. I can assure you that I wouldn’t have gone through this hell this year if it was just a residency.

I’ve managed to turn the person I love against me because of my actions and the fact that my lack of work routine and drive has added to stresses causing the relationship to crumble

I hope this clears things up for you

Your OWP is still valid. Did you look into other immigration route (e.g. EE)

Depending on your age, education, language skill, and work experience, you could immigrate on your own. Others can likely guide you better on the economic stream.
Your OWP likely will allow you to gain some in Canada work experience for that purpose.

 

[canuck78]

No need to be sorry @scylla . Your opinion is respected, as always.

I suppose I must accept that I am wrong in my view that, if someone in the OP's position can appeal to their spouse to hold off on calling off the sponsorship and the marriage, that is a reasonable course. It would seem, that the common view is that, if there are difficulties in a relationship where PR sponsorship is in the works, best to end it without trying to work things out, lest one be stuck with the 3-year financial obligation. Okay. I get it.

It is more than just the 3 year financial obligation. It is the possibility of misrepresentation, the difficulty sponsoring someone else either of them meet someone in future. They would have to wait 3 & 5 years.