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Immigration Issues/Right to enter canada after getting PR - marital issues



I have tried to make my question short so the background may not seem to make complete sense, but this is my story in short: I got married a few months ago (and joined my husband in canada on a tourist visa). i came back to india to submit my passport for PR and should be leaving for landing soon. we have been having marital problems, and on occasion i have threatened to leave him as well. he is now telling me he wants this marriage to end, and since before he has said so, i have been trying to be reconciliatory, telling him we both need to give the relationship an honest try- we have only been married a few months now. even now, i am keen on going to canada and giving this a try, meeting a counsellor and doing everything else we can to make it work. however i am worried that out of anger my husband can do something such that my PR loses validity and he doesnt have to work on the relationship/ take responsibility.
I understand that once i land, my PR is valid and i have rights. I want to know if the sponsor can unilaterally revoke his sponsorship after the PR has been stuck in my passport but before i land.
Additionally, the PR documents state that if i hide the status of my marriage and land, such a landing can be revoked- but i have only an angry email from my sponsor- which too i do not consent to, (and no legal documents showing marital discord) so do i have a legal obligation to report my squabble to the authorities?
I left a well paying job and a whole career and life in another country to be with him, and i still want to give my marriage an honest shot, which is only possible if i go to canada. So would appreciate any guidance/ clarity from your end.

Thanking you in anticipation

ANSWER: Hello,

Thank you for your question. I am very sorry to hear about the problem you are having in your marriage.  However, until a permanent resident visa is issued, your husband (the Sponsor) has the right to withdraw his sponsorship of you as his spouse under the Family Class of immigration to Canada.  It does not matter if there are documents to support the discord of the marriage or not.  It is completely his choice and his right to withdraw as your sponsor and he does not require your consent.  When he applied to sponsor you as his spouse, he signed an UNDERTAKING which is a binding agreement with the federal government that he will provide for your support (food, shelter, etc.) for 3 years from the date you become a permanent resident of Canada.  Since he is solely responsible for this contract, he also has the right to cancel it before it goes into effect.

I really do hope that you and your husband are able to resolve your issues and reconcile.  However, up until you become a permanent resident of Canada, you do not have any rights regarding his ability to revoke his sponsorship of you to become a permanent resident.  

I truly wish you the best of luck.

Roxanne Jessome, RCIC
Regulated Canadian Immigration Consultant

---------- FOLLOW-UP ----------

QUESTION: Thanks roxanne,

I want to know also:
1. am i legally obliged to report my problems to the canadian authorities, as of now?
2. are there any ways of finding out if the sponsorship is being revoked before i leave for canada- or do i just have to hope i dont get sent back?


Hi again,

Your first question is tricky.  If your husband has told you that he does NOT want to be with you anymore and that he is seeking a divorce, technically you are no longer considered a member of the Family Class and should NOT enter Canada as such because you would be misrepresenting yourself. However, if you are just suffering through some marital discord and there is the possibility of reconciliation and you will unite with your husband to work on your marriage when you arrive in Canada, then you are still considered a member of the Family Class and nothing changes.  You don't have to report that you are having problems that have not been resolved yet.

Do you already have your Permanent Resident visa?  If so, your husband may not have revoked his sponsorship of you or he may have tried to revoke it after the PR visa was issued.  If that's the case, then they only way you would find out is at the port of entry to Canada.  The immigration officers at the border may allow you entry but may NOT land you as a permanent resident and will issue a A44 report on inadmissibility and you will have a hearing at Immigration Division.  As a HOLDER of a PR visa you have a right to this.  But they only way you would win at this hearing and be allowed to land as a PR would be if you and your husband reconcile so you could be considered a member of the Family Class.

The question remains however, why would you want to come to Canada if your reason for coming (your marriage) no longer exists?

Roxanne Jessome, RCIC
Regulated Canadian Immigration Consultant

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Roxanne Jessome


I can answer questions pertaining to Canadian Immigration laws, policies and procedures as well as Canadian citizenship.


I am a Regulated Canadian Immigration Consultant specializing in the areas of family classes (spousal sponsorships, parents and grandparents), economic classes (federal skilled worker, provincial nominees, Canada experience class), and temporary entry (temporary foreign workers, visitors) and permanent residency obligations and citizenship requirements.

Immigration Consultants Regulatory Council of Canada Canadian Association of Professional Immigration Consultants

Graduate of the University of British Columbia, Certificate in Immigration Laws, Policies and Procedures.

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