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Withdrawing application after recieving OWP and ETA

blink-182

Newbie
Sep 3, 2020
9
0
Hi all, my husband (PA) and I (Canadian citizen) applied for inland spousal sponsorship back in January 2020. He recently got his OWP and ETA. What can we expect to happen if we withdraw the sponsorship application?

I am under the impression that his owp will remain valid. Will his eta also remain valid? Or does having owp mean he is granted status and can travel without the need for an eta? Should I wait until he receives a SIN number before submitting the request to withdraw? SIN is super important as I would like him to be eligible for OHIP while he lives and works here. Also will it impact him in the future as he will be applying for pr through ee or maybe common law?? Is there any more paperwork I will need to do to withdraw the application or can I just send in the web form? And when can I expect to receive confirmation of withdrawal? Any advice or direction to resources would be greatly appreciated, thanks!!
 

OverIt

Star Member
Feb 1, 2020
108
41
Hi there,


Just write a letter saying you would like to withdraw. HAND SIGN the letter and submit it through web form. Your husband cannot apply through common law as he is already married to you.
 

blink-182

Newbie
Sep 3, 2020
9
0
But if he begins living with someone else and has lived with them for a year and is divorced by then, can he apply for common law? or does it have to be a year after divorce is finalized?

Where do I send the letter and is there a format I should use or a specific department I should address it to?
 

OverIt

Star Member
Feb 1, 2020
108
41
But if he begins living with someone else and has lived with them for a year and is divorced by then, can he apply for common law? or does it have to be a year after divorce is finalized?

Where do I send the letter and is there a format I should use or a specific department I should address it to?
No, “to whom it may concern” is fine. There is no specific format. Write a formal letter requesting that the application be withdrawn and hand sign it. Submit the letter here: https://www.cic.gc.ca/english/contacts/web-form.asp

The withdrawal process is usually completed anywhere from a couple days to a few weeks. IRCC will let you know once the application has been withdrawn.

If he divorces you and lives with another continuously (with no breaks) for a year in a marriage like relationship, he can apply for PR through common law.
 

blink-182

Newbie
Sep 3, 2020
9
0
Thank you so much for your help!!

Just wanted to clarify, so the owp means he has status in Canada and is able to work and travel and apply for OHIP even if there is no pr application anymore?
 

OverIt

Star Member
Feb 1, 2020
108
41
Thank you so much for your help!!

Just wanted to clarify, so the owp means he has status in Canada and is able to work and travel and apply for OHIP even if there is no pr application anymore?
Yes, if his open work permit is approved before you withdraw the PR application, he will have temporary status in Canada.

The PR application makes him eligible to apply for the OWP. However, the OWP is still a different thing on its own. The validity of the OWP is not attached to the PR application.
 

canuck78

VIP Member
Jun 18, 2017
34,894
7,935
Thank you so much for your help!!

Just wanted to clarify, so the owp means he has status in Canada and is able to work and travel and apply for OHIP even if there is no pr application anymore?
Not quite sure what your plans are but if you are found to have tried to manipulate or mislead the immigration system to secure an OWP it can be cancelled.
 

canuck78

VIP Member
Jun 18, 2017
34,894
7,935
No, “to whom it may concern” is fine. There is no specific format. Write a formal letter requesting that the application be withdrawn and hand sign it. Submit the letter here: https://www.cic.gc.ca/english/contacts/web-form.asp

The withdrawal process is usually completed anywhere from a couple days to a few weeks. IRCC will let you know once the application has been withdrawn.

If he divorces you and lives with another continuously (with no breaks) for a year in a marriage like relationship, he can apply for PR through common law.
Expect both people to face a lot of scrutiny if they apply to sponsor other spouses especially given the timing of the past OWP and withdrawal.
 

blink-182

Newbie
Sep 3, 2020
9
0
Not quite sure what your plans are but if you are found to have tried to manipulate or mislead the immigration system to secure an OWP it can be cancelled.
What are the chances of that happening though? I did indeed come to realize I was mislead into a marriage of convenience which at the time I believed was a genuine relationship, hence why I will be withdrawing my application to prevent further implications. Although I need to leave him due to personal and safety reasons, I also want him to be able to have a chance at a life here. Just not as my responsibility.
 

scylla

VIP Member
Jun 8, 2010
72,020
11,396
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Thank you so much for your help!!

Just wanted to clarify, so the owp means he has status in Canada and is able to work and travel and apply for OHIP even if there is no pr application anymore?
OWP allows him to remain in Canada and work. Travel is a different matter. The OWP is not a travel document.
 

scylla

VIP Member
Jun 8, 2010
72,020
11,396
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
But he does have an eta though, does that allow him to travel?
An eTA allows him to return to Canada but does not guarantee re-entery. Right now all of this is quite a bit more complicated due to COVID-19 and travel restrictions. If he left now, no guarantee he would be allowed back. IRCC might say his reasons for travel are non-essential.
 

blink-182

Newbie
Sep 3, 2020
9
0
An eTA allows him to return to Canada but does not guarantee re-entery. Right now all of this is quite a bit more complicated due to COVID-19 and travel restrictions. If he left now, no guarantee he would be allowed back. IRCC might say his reasons for travel are non-essential.
Can he travel within Canada though?
 

scylla

VIP Member
Jun 8, 2010
72,020
11,396
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010