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After Landing- can sponsorship be withdrawn

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bentley85 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote bentley85 Quote  Post ReplyReply Direct Link To This Post Topic: After Landing- can sponsorship be withdrawn
    Posted: 25 Nov 2010 at 9:23pm
Due to a marital problem and separation can the sponsor cancel or contact CIC to withdraw support for PR after landed. We had a very messy breakup and due to my problem accepting the breakup I called my ex over and over for two weeks after the breakup over and over and now that my partners knows I wish not to leave Toronto my partners now wants to press charges to get me deported....also she does not want to be responsible for me for three years. 
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YorkFactory View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote YorkFactory Quote  Post ReplyReply Direct Link To This Post Posted: 02 Dec 2010 at 3:12am
No, the sponsor cannot withdraw sponsorship after the sponsored person has landed as a permanent resident.

She signed a legally binding agreement. It's her problem if she doesn't understand that.
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rc View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote rc Quote  Post ReplyReply Direct Link To This Post Posted: 03 Dec 2010 at 1:31am
Yeah basically once you have landed and have been granted PR then the sponsor can't do much. 
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sami55 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sami55 Quote  Post ReplyReply Direct Link To This Post Posted: 04 Dec 2010 at 12:04am
This question has been asked often
Can you cancel the undertaking after it has been approved?
I know this bit does not concern you but it is a relavant point.
If you change your mind after submitting the sponsorship application and undertaking, you must write them a letter BEFORE your spouse or common-law partner is granted permanent resident status. An undertaking can only be withdrawn if the Case Processing Centre in Vegreville (CPC-V) agrees to the withdrawal. If the CPC agrees to the withdrawal, there is no repayment of processing fees for an application for permanent residence and there is no right of appeal.

THIS CONCERNS YOU TWO....
IF your spouse or common-law partner has already been granted permanent resident status, the promise you made to support your spouse or common-law partner will be valid for the term of your undertaking. Under no circumstances does the granting of Canadian citizenship, divorce, separation or moving to another province cancel the undertaking. The undertaking also remains in effect if your financial situation deteriorates.
THE SPONSOR CANNOT have the partner deported just because the relationship has now broken down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 04 Dec 2010 at 3:35am
I agree with all that has been said.

However be aware that the sponsor, or anyone else for that matter (typically someone related to the sponsor), can submit a complaint to CIC or CBSA alleging that a sponsored PR made misrepresentations in the application for PR or during its processing (including during the landing). the form of such complaint is usually along the lines that soon after the PR arrived in Canada it became clear the relationship was not genuine and was only entered into for the purpose of obtaining status in Canada.

It appears that CIC does not pursue very many of these cases, but it is clear that they do some. (For relatively recent example, see posts by LuvCanada in Preserving Permanent Residence Status forum, thread titled "return after exclusion order.") I have no idea what the threshold is, though there are many reports that CIC and CBSA are far too overwhelmed to even investigate let alone pursue most such alleged cases.

If CIC does pursue such a case, and prevails, the PR can be "removed" as inadmissible (inadmissible for having made a misrepresentation in the process of becoming a PR), effectively losing PR status.

Generally I think the risk is highest if the breakdown in the relationship occurs relatively soon after being united in Canada, and then the risk declines the longer in time the relationship lasted up to the breakdown. Some of the more high profile cases in the media have involved cases where the breakup or separation occurred within a couple or three months, though a few are cases in which it did not occur right away (I think there was substantial collateral evidence of the relationship not being genuine though, perhaps even admissions by the PR in the vein of "I never intended to stay with you"), while some cases involve sponsored "partners" who make no attempt at all to so much as pretend there is a relationship once they have landed (in one high profile case, the sponsored PR landed without even letting the sponsor know and actually attempted to conceal having landed from the sponsor).

Edited by dpenabill - 04 Dec 2010 at 3:37am
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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harshal02 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote harshal02 Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 2017 at 1:17am
How can anyone cancel the sponsorship before landing in Canada? I have received a passport request mail from CIC, however I do not wish to sponsor my dependent any more.  Is there a chance of losing my PR status too ?
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colin View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote colin Quote  Post ReplyReply Direct Link To This Post Posted: 22 Mar 2017 at 10:51am
Thank you for your question regarding the sponsorship. If you wish to withdraw the sponsorship application, you must contact the CPC (Case Processing Centre) where you sent your file and inform them that you no longer wish to sponsor your dependent.

This request must be done in writing via CIC's webform http://www.cic.gc.ca/english/contacts/web-form.asp You must include your name, date of birth, complete address date the application was sent, your client ID, the type of application (for example, sponsorship of my spouse) and the reason for the withdraw. You must also upload a copy of your electronic payment receipt or a copy of both sides of the payment receipt (form IMM 5401).

You can also advise the visa office of your wish to no longer sponsor your dependent, that you will not be submitting their passport for that reason and that the CPC was advise of this.

Note that they will not reimburse the fees. The sponsorship application can be withdrawn only if the PR visa is not issued.   Furthermore, this should not affect your PR status.

For more information on this you can review this link:

http://www.immigration.ca/family-sponsorship-immigration-overview/

Colin Singer
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Post Options Post Options   Thanks (0) Thanks(0)   Quote harshal02 Quote  Post ReplyReply Direct Link To This Post Posted: 23 Mar 2017 at 4:46am
Thanks Colin, your advice is valuable...However I would want you to know my case in detail..
I had applied for a PR in the year 2014 , after which I received my visa in 2015. However I did not travel to Canada ,instead got married and applied for spousal sponsorship in the year 2016. I recently received a mail from CIC for passport submission. Right now I am not in a position to sponsor my spouse as our marriage is not working ,therefore I would like to withdraw it.what is the procedure to inform CIC regarding the same.? I havent applied for a divorce yet.
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