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Sponsorship withdrawal? Conditional PR? What if spouse doesn't sign?

poeticaesthetic

Star Member
Apr 22, 2013
106
2
Hi all,

I sponsored my husband (a US citizen) for PR last year, and we have now been married for 3 years. He and I have been going through a difficult time and have now separated (actually, our whole relationship has been difficult, it just got worse over time and he became verbally and physically abusive). However, his PR application was approved just before we split (a couple months ago). At the time, I was doing my best to remain on good terms with him and still wanted him to get his approval papers signed, because I love him despite the obvious mental and emotional issues he is dealing with (which he needs to seek help for, but so far hasn't). He has the papers, but has not yet signed them. They expire in May. He may be getting a ride to the border to sign them soon. For various reasons (one of them being that he hurled more verbal abuse and threats at me via text message AFTER he left), I considered withdrawing my sponsorship, however the CIC website states:

"If your application is approved before we get your cancellation request, we cannot cancel your application. You will have to respect your sponsorship obligations."

So my question is: does this apply even if he doesn't sign the papers before the expiration date? He has been going back and forth on it a lot, and is somewhat irresponsible, so there is actually a chance that he may not sign them and may just go back to the US. I'm guessing if he doesn't sign the papers to accept his PR, this will make the application null and void. Am I wrong?

I also found this bit on Conditional PR:

"The sponsored spouse must cohabit in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. If they do not remain in the relationship, the sponsored spouse’s status could be revoked." Since we only sent the application in last year, this rule applies to us. Does this mean that since we are not living together at the moment, and I don't plan on it, that he cannot or should not sign the papers?

It also says:

"If the relationship breaks down, the sponsor remains financially responsible until the end of the three-year undertaking period, irrespective of the cause of the breakdown." But since we had already split up and were living apart before the papers were signed, would this still apply if he signs them after our breakup? I have even planned to file for divorce already once the year is up.

Thanks in advance for your responses!
 

scylla

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Based on what you've said, he hasn't landed yet. If that's the case, you should contact CIC ASAP and withdraw your sponsorship. It's not too late. It's also the right thing to do because: (a) your relationship has broken down and he therefore technically no longer qualifies to get PR through you; (b) you don't want to be stuck paying tens of thousands of dollars over the next three years if he goes on welfare.

I would withdraw your sponsorship without question and do it immediately.
 

poeticaesthetic

Star Member
Apr 22, 2013
106
2
scylla said:
Based on what you've said, he hasn't landed yet. If that's the case, you should contact CIC ASAP and withdraw your sponsorship. It's not too late. It's also the right thing to do because: (a) your relationship has broken down and he therefore technically no longer qualifies to get PR through you; (b) you don't want to be stuck paying tens of thousands of dollars over the next three years if he goes on welfare.

I would withdraw your sponsorship without question and do it immediately.
Thank you for your reply scylla. Honestly his parents are still supporting him and agreed to support him for the next 5 years in a letter we sent with the application, because I am financially unstable right now. My parents sent a letter too but I don't think he will ever hold them to it, or me. Honestly he's pretty anti-bureaucracy so would probably never go through 'proper channels' to do anything...I'm pretty sure he'd never apply for welfare at this point in his life (he wouldn't even apply for disability for his mental issues if he needed it)...he'd be more likely to couch-surf with friends if he was broke or just go back to the States (which he has already talked about doing; though technically his visitor status is approved until February 2017, miraculously). I even had to help him with a lot of the application paperwork because I'm just more used to this kind of stuff. He is a sweet (albeit troubled) person so I have given him the benefit of the doubt for years but he has not sought the help he needs (I think he has Bipolar Disorder as he is genuinely sweet one moment and in a rage the next) and I have tried to be his caretaker, and it has caused us both pain. I eventually had to just leave and care for myself. I still love him as a person and I don't believe he means to act abusive (he tends to shame spiral from it later on and suffers from extreme guilt), but that doesn't excuse it. It also doesn't change the fact that, like you said, our relationship has broken down. Technically it would be illegal for him to accept the PR knowing this, and knowing that we won't be living together, correct? Especially if I file for divorce once the year is up, that pretty much clinches it, doesn't it?

Would you recommend I call CIC to withdraw the application? The website says to use a form instead, I'm not sure what would work best:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=732&top=14

I also just want to double-check: if I do this, will I be absolved of all responsibility for him? And will it tarnish my record, or cause any issues/delays if I choose to sponsor someone again in the future?

Thanks so much for your response :)
 

truesmile

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If they let him "land" (and become PR), then "no" you will not be absolved of all responsibility.
 

scylla

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truesmile said:
If they let him "land" (and become PR), then "no" you will not be absolved of all responsibility.
Agreed. If he becomes a PR - YOU are financially responsible for him for the next three years. You will have no control over whether he goes on welfare or not. If he goes on welfare - this is tens of thousands of dollars each year that YOU will be legally obligated to repay the Canadian government. Are you comfortable with that kind of risk? I sure as heck wouldn't be. But the decision is ultimately yours.
 

poeticaesthetic

Star Member
Apr 22, 2013
106
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I think we may have misunderstood each other. What I meant was, if I withdraw the application at this stage, will I be absolved? I was assuming that if I withdraw, it will go into effect immediately and he will not be able to land.
 

scylla

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poeticaesthetic said:
I think we have misunderstood each other. What I meant was, if I withdraw the application at this stage, will I be absolved? I was assuming that if I withdraw, it will go into effect immediately and he will not be able to land.
Ah - yes, I misunderstood - sorry!

Yes - if you withdraw before he lands, that absolves you of any responsibility (by withdrawing you will cancel his visa and he won't be able to land and become a PR).
 

poeticaesthetic

Star Member
Apr 22, 2013
106
2
scylla said:
Ah - yes, I misunderstood - sorry!

Yes - if you withdraw before he lands, that absolves you of any responsibility (by withdrawing you will cancel his visa and he won't be able to land and become a PR).
Thank you! And it won't tarnish my record or cause future problems sponsoring if I withdraw?
 

scylla

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poeticaesthetic said:
Thank you! And it won't tarnish my record or cause future problems sponsoring if I withdraw?
No - it won't. Just explain in your withdrawl that you are no longer in a relationship. That's a valid reason for dropping your sponsorship.

Letting him land when you are no longer in a relationship is what would tarnish your record for the future.
 

poeticaesthetic

Star Member
Apr 22, 2013
106
2
scylla said:
No - it won't. Just explain in your withdrawl that you are no longer in a relationship. That's a valid reason for dropping your sponsorship.

Letting him land when you are no longer in a relationship is what would tarnish your record for the future.
I see. Thank you scylla. You also mentioned that his visa would end...does that mean that he will lose his previously granted visitor privileges? As soon as I withdraw? That seems a little harsh but I guess I could see that maybe being the case.
 

CDNPR2014

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poeticaesthetic said:
I see. Thank you scylla. You also mentioned that his visa would end...does that mean that he will lose his previously granted visitor privileges? As soon as I withdraw? That seems a little harsh but I guess I could see that maybe being the case.
only his PR visa will be voided. if he's currently in canada as a visitor, he can stay here as a visitor until that ends and will need to go back to us once it's over or apply for an extension. if he stays beyond what he's allowed, he will be in canada illegally. if you withdraw your sponsorship for his pr before he attempts to land, he won't be able to land as a pr. he will still ahve the right to visit canada as long as cbsa allows him to.
 

poeticaesthetic

Star Member
Apr 22, 2013
106
2
CDNPR2014 said:
only his PR visa will be voided. if he's currently in canada as a visitor, he can stay here as a visitor until that ends and will need to go back to us once it's over or apply for an extension. if he stays beyond what he's allowed, he will be in canada illegally. if you withdraw your sponsorship for his pr before he attempts to land, he won't be able to land as a pr. he will still ahve the right to visit canada as long as cbsa allows him to.
Thank you. I'm wondering also, since he has been in Canada for so long on a visitor visa while we have been processing all this (it's been more than 3 years at this point!), if he leaves the country after his visitor visa expires, will he have to be gone for quite some time before they will allow him to visit again?
 

poeticaesthetic

Star Member
Apr 22, 2013
106
2
What is the most efficient way to withdraw? Should I use the web form as the website states, or is there a number I should call instead? This is what I found online:

http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=732&top=14
 

CDNPR2014

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poeticaesthetic said:
Thank you. I'm wondering also, since he has been in Canada for so long on a visitor visa while we have been processing all this (it's been more than 3 years at this point!), if he leaves the country after his visitor visa expires, will he have to be gone for quite some time before they will allow him to visit again?
noone will be able to answer this question. its totally at the descretion of the cbsa officer he meets at the border, and what they believe his intentions to be. if he has honest intentions to visit and he isn't inadmissible for other reasons (working illegally, criminal history, etc) then he will be allowed to visit.
 

poeticaesthetic

Star Member
Apr 22, 2013
106
2
Thank you! Still wondering about the best way to go about the withdrawal as per my last post...web or phone? Is one faster? Time really is of the essence right now as I think he was planning to sign the papers this week/weekend. I found this contact link which says the call center agents cannot make decisions on applications: http://www.cic.gc.ca/english/contacts/call.asp

Does this mean that no matter how I submit my request for withdrawal I will have to wait on a decision? How long of a wait? Is it possible that he could still sign the papers while they're processing my request and get approved?