sisters case

[amar8580]

hi everyone
my sister came to canada as visitor visa and got married to a canadian citizen.
he has filed for her inland sponsorship application for spouse.
currently she is still on visitor visa as the application hasnt been processed yet.
now they are having problems in the relationship
and now she wants to end it...does she have any rights to file a case against her even though she is on visitor visa and he is a canadian citizen.

 

[Bip31]

You are not very clear about the filing a case against him? What do you mean? If the relationship has broken down then he has to let IRCC know and withdraw the sponsorship.

 

[Buletruck]

As previously stated, she has no immigration rights in Canada as a foreign national if he withdraws his sponsorship. That is his right. In fact, it's his responsibility to withdraw the sponsorship under Canadian law or they would both be committing misrepresentation. She does have legal rights related to the marriage.

 

[scylla]

hi everyone
my sister came to canada as visitor visa and got married to a canadian citizen.
he has filed for her inland sponsorship application for spouse.
currently she is still on visitor visa as the application hasnt been processed yet.
now they are having problems in the relationship
and now she wants to end it...does she have any rights to file a case against her even though she is on visitor visa and he is a canadian citizen.

Her spouse can cancel / withdraw the inland sponsorship application. This is his right.

No - she cannot fight this. He has no obligation to sponsor your sister. Whether he sponsors her or not is his choice.

If he cancels the application and she still wants to become a PR, she will have to qualify and apply on her own through an economic immigration stream like Express Entry.

 

[amar8580]

so even if they did a registered marriage in Canada and by law he is a married to my sister (who is on visitor visa), he still has a option to not file for per PR ?
also she feels betrayed, that he got married to her in india, brought her along with her, then got married to her in canada, and then 4 months later he says he wants to end the marriage.

 

[Bs65]

Other than any obligations that may go with being married in Canada the husband has no obligation to sponsor anyone for PR if they chose not to. Your sister needs to ensure she maintains legal status as a visitor in Canada given that would be her responsibility and not the husbands unfortunately.

 

[scylla]

so even if they did a registered marriage in Canada and by law he is a married to my sister (who is on visitor visa), he still has a option to not file for per PR ?
also she feels betrayed, that he got married to her in india, brought her along with her, then got married to her in canada, and then 4 months later he says he wants to end the marriage.

Yes - he has the option not to file for her PR. Again, whether he files for her PR or not is entirely his choice. Getting married to your sister does not make it mandatory for him to sponsor her.