Withdraw as a Co-Signer

[rajd99]

I would like to withdraw myself as a co-signer for a family Class Sponsorship. I am a co-signer for my wife sponsoring her parents.

The original sponsorship was filled in 2006 and approved in 2010.

The PR has not been issues, and I want to withdraw my application. CIC tells me that I need the original copy of the agreement and I need all parties to sign an amended copy of this. When I told them I dont have this form and even if I did the other parties will not sign, they told me sorry sir you are bound by this agreement for 10 years.

Can someone please help me, does this mean I have no option but to continue with this agreement. Does this mean that I cannot under any circumstances withdraw, even if I know i cannot financially support them ?

 

[zardoz]

When was the COPR issued and have they "landed" yet?

 

[rajd99]

They have not landed yet. They have submitted application and are still waiting

 

[zardoz]

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E7

What if your co-signer withdraws their financial support

If your spouse or common-law partner withdraws support for the sponsorship application, you or your spouse or common-law partner must write a letter to CPC-M and the visa office before permanent resident visas are issued to the person you are sponsoring and their family members.

You must include an amended copy of your sponsorship application and agreement, initialled by you and your co-signer, removing the co-signer’s support.

We will assess your financial situation to see if you have enough money to support your family without a co-signer. If you do not meet the financial requirements on your own, the application for permanent residence will be refused.

 

[tink23]

They have not landed yet. They have submitted application and are still waiting

Was it the call centre you called? Did you quote your application number/ name, etc. or did you just ask them the question explaining your circumstance? If you simply asked and they didn't have your direct info the call centre may have misunderstood you to say that the visas had been approved (But from what you said I think it's just the sponsorship has been approved and not the actual visas, correct?) It's my understanding that a sponsor can withdraw their sponsorship any time before the visas have been issued (and some say even before landing after visas are approved).

I may not have the facts straight, but that's my understanding of the whole sponsorship agreement.

 

[rajd99]

The sponsorship has just been approved and they have not got the PR yet.

The concern I have is I cannot find the agreement, and if i did I will for sure not get the signatures from signer.

So does this mean I am bound and I cannot withrdaw as a co-signer.

 

[zardoz]

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-after.asp has a section on withdrawing sponsorship, with an email link.
Supply the required reference information and state that you are unilaterally withdrawing your sponsorship, because the application has not been completed yet. Tell them that you no longer can meet the financial requirements. This will kill the application I understand.
Until they "land" you are able to withdraw your sponsorship.

 

[rajd99]

But the CIC agent told me I need to send an amended copy of the agreement with all parties signature. Then only will they consider my withdrawal. This is the concern, as this is impossible and I cannot find the agreement.

 

[zardoz]

I suspect that the agent was assuming that you were looking to amend the sponsorship agreement. I'm suggesting that you cancel it completely and let your wife restart it from the beginning if she won't allow you to amend it. Don't just take an agents verbal reply, put it in writing via an email.

 

[rajd99]

So I just write a letter or email and say that I want to withdraw myself as a co-signer.

The agent told me clearly if you dont amend the agreement with all signatures, i am bound for 10 years.

Do you know if anyone has done this and succeeded ?

 

[zardoz]

So I just write a letter or email and say that I want to withdraw myself as a co-signer.

The agent told me clearly if you dont amend the agreement with all signatures, i am bound for 10 years.

Do you know if anyone has done this and succeeded ?

Yes, write the letter and send the email as well. Also ask an immigration lawyer for a free initial consultation.
You have had the best advice that I can offer you. Sponsorships are withdrawn all the time for domestic and/or financial reasons.

 

[zardoz]

See also http://www.canadavisa.com/canada-immigration-discussion-board/recent-unread-topics/-t117772.0.html;topicseen

 

[rajd99]

Thanks for the link.

The difference with the individual in the link is that they were legally separated and were able to use that as a good reason and show the separation documents as proof.

What reason(s) can I use that they will ensure that I can be removed as a co-signer. The agent I spoke with was very adamant and said firmly that without the amended copy, my application to withdraw myself as a cosigner will be denied.

I will still try, but I also want to ensure I do it correctly. I don't know if there is a criteria for reasons provided where they decide to accept or decline the withdrawal request.

 

[tink23]

Thanks for the link.

The difference with the individual in the link is that they were legally separated and were able to use that as a good reason and show the separation documents as proof.

What reason(s) can I use that they will ensure that I can be removed as a co-signer. The agent I spoke with was very adamant and said firmly that without the amended copy, my application to withdraw myself as a cosigner will be denied.

I will still try, but I also want to ensure I do it correctly. I don't know if there is a criteria for reasons provided where they decide to accept or decline the withdrawal request.

They can't force you to co-sign and remain responsible as a sponsor since the visa hasn't been approved yet. The first thing to do would be to fill out and hand in the form stating that you are withdrawing your sponsorship. After that, worry about amending the sponsorship form. You can't be forced to co-sign and there might be something getting lost in translation when talking with the call centre.

 

[rajd99]

I need to also specify a reason that I am withdrawing. What type of reason does one need to give to ensure a successful withdrawal ?