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OMOSapiens View Drop Down
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    Posted: 02 Jun 2010 at 3:40am
I was just reading a post from Redeagle.
Her sponsor decided to withdraw the application. She called the embassy without even telling him.
I guess this shows us how sometimes we do not know people as much as we think.
I guess to all of us the application means much more then just a VISA and, with pictures and documents, we sent to the embassy dreams and expectations.

I have a question that could be of need for many of us:
Untill when can the sponsor withdraw the application? The CIC site says untill the VISA is issued.
Does this mean when they send your passport back or whenyou actually land in Canada?



Sent to CPC-M Dec 23 2009
Sponsor Approved Jan 19 2010
AOR received March 26 2010
Passport requested May 9 2010
VISA issued May 31 2010
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redeagle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 3:43am
Once the visa has been issued th applicant then needs to land, which can be refused, but to be honest once that visa is in there it doesnt make much difference.
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote OMOSapiens Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 3:54am
So the sponsor could still withdrawn it untill the applicants lands
Sent to CPC-M Dec 23 2009
Sponsor Approved Jan 19 2010
AOR received March 26 2010
Passport requested May 9 2010
VISA issued May 31 2010
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redeagle View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redeagle Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 4:38am
Technically no, but the IO at the point of entry could still refuse access.
"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey.
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kwabena kwabena View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwabena kwabena Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 5:49am
Pls pls pls redeagle, i just cant understand... all this work and ommitment u have put in this relationship? i have read on you and pls tell us is a joke and a dream for us all, i am just shocked,
 
OMO, i guess once the sponsor withdraws it becomes hard and u will need your luck at the POE as IO can give u a tough time. Never heard or read of it here.. 
He was close....
 
I am sorry redeagle.....
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 6:37am
The sponsor can effectively withdraw sponsorship until the visa is issued.

After that, the sponsor cannot withdraw sponsorship or otherwise have the Visa invalidated by choice -- a report of fraud or criminal inadmissibility, or such, could incite CIC to action, maybe, to invalidate the visa, but that would be highly unusual and not at all likely except in very exceptional cases pushed by a motivated, aggressive, and resourceful sponsor (or at least that is what reports over the last two plus years have suggested).

However, technically the applicant must still qualify for the type of PR granted, and for a sponsored partner that means they must continue to be in a continuing, genuine conjugal relationship right up to landing. One of the things a PR is supposed to affirm upon landing is that there has been no change in marital status. Indeed, the applicant is obligated to inform CIC of any change in marital status any time there is such a change right up to landing.

As a practical matter, at that stage CIC does not quibble and but for some reports of cases where a particularly aggressive sponsor has pushed hard, one rarely hears of such cases resulting in the the applicant (one already issued a visa) not landing . . . though generally it appears many simply choose to not land (for many applicants Canada is not necessarily more attractive than their home country, and thus without the relationship drawing them, no reason to come . . . of course that is only because they do not really know or understand Canada, which is a country not to be turned down in my estimation).

There is a bit of twist underscoring this sort of turn of events . . . which happens more frequently than one might have imagined (and as RobsLuv suggests, perhaps the stress of the process has something to do with this), in that common-law applicants versus married applicants may not be in the same position . . . a common-law relationship is based on the fact of the couple being together and committed to one another, and it effectively ends if and when the couple part ways, when the couple are no longer committed, so a break-down in a common-law relationship is of the sort that may have to be reported promptly unless one is willing to fudge and, indeed, upon landing outright deceive (because, as I said, upon landing the applicant is supposed to confirm that there have been no changes in marital status).

A marriage, however, is a commitment in law, an officially legal relationship, and while CIC will recognize the termination of a marriage by separation for at least a full year, short of that time period the relationship remains extant, as in it continues to exist as a legal relationship, even if the couple intend to pursue legal recourse for dissolving it. So a married applicant bearing a spousal sponsored PR visa is not technically deceptive in failing, at the time of landing, to divulge a breakdown in the relationship or change in marital status so long as a divorce or other form of dissolution has not been issued by a proper authority.

As a practical matter I doubt CIC slices the balogna so thinly, but . . .
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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kwabena kwabena View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwabena kwabena Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 6:46am
In this case too can the person ever come to canada if the application has been withdrawn, in this case REDEAGLE's???
 
Will immigration Canada view this in a wrong way as the person is deceptive? and question the person at POE? i am confused.
 
dpenabill u cited fraud and criminal inadmissability. Are u saying frad as the sponsored commited fraud , where? and if criminal inadmissability, how?? pls educate me ..
 
 
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Post Options Post Options   Thanks (0) Thanks(0)   Quote audball Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 11:58am
No, it's not like he was reported for fraudulently applying with a fake relationship.

I'm sure it was cited as being removed for the relationship breaking down and nothing more. There was no wrongdoing by redeagle at all. CIC has no reason to deny him entry

Fraud would be like someone paying a Canadian to sponsor them as their common law partner or spouse. When in fact the relationship is not genuine and they just created evidence to support their case. And they did it just to get into Canada as a PR while lying to CIC all along the way
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 5:40pm
I was describing what may follow if a sponsor wants to take action to withdraw (available up to the issuance of the visa) or stop the applicant from becoming PR (rarely done, but I describe some of the ways it might arise), including reference to circumstances which may be relevant if alleged.

This was in response to the open question posed by the original post in this thread, an abstract question
Quote I have a question that could be of need for many of us:
Untill when can the sponsor withdraw the application? The CIC site says untill the VISA is issued.
Does this mean when they send your passport back or when you actually land in Canada?


I was not commenting on any one person's case.



Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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kwabena kwabena View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote kwabena kwabena Quote  Post ReplyReply Direct Link To This Post Posted: 02 Jun 2010 at 5:53pm
 understand and i am sorry if i went too far ... all has been taken into account as i am learnng on this forum and taking issues on board, i just feel for Redeagle and i just cant believe it and probably its making me ask these sort of question..
all has been understood and thank u all  D and aud...
stay bless
The purpose of education is to replace an empty mind with an open one...
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