Not so fast HMP. Your nephew's undertaking will continue to run for the duration specified in the papers. If she's a recently sponsored spouse, it's probably 3 yrs.

This means your nephew can get married again but CANNOT sponsor until those 3 yrs have expired.

If he still wants to go ahead, the application will be refused and he'll have to appeal. I'm always available in case he needs a lawyer

Further, he cannot cancel/revoke the wife's landed immigrant status. He may talk to immigration if there's been fraud or misrepresetation BUT BE CAREFUL your nephew can get into trouble too under current legislation if he knowingly took part in the deception.

Last point, if the wife goes on welfare, your nephew will be liable for it and won't be able to sponsor until he clears the debt to the government.

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Massood Joomratty, LLB(Hons), LLM

http://www.passportcanada.com" target="_blank">Your Canadian Immigration Lawyer

http://www.joomratty.com" rel="nofollow">LINK
+1-604-590-0607

MasoodJi but the question that is puzzling me is this :-

1.) The husband, after getting a divorce, will submit papers to CIC that he wont be responsible for the remaining period of the sponsorship.

2.) IF that happens, what recourse can the wife take ? What will the Govt. do ? You stated that she can apply for welfare.

3.) Is the govt bound by law to give welfare to the wife after she has been divorced (i.e., if she applies)

4.) Can she sue the husband for alimony / child support / share in the property etc. ?

5.) What takes precedence ? That she is a Landed Immigrant, or that she is a sponsored Landed immigrant who has lost her sponsorship ?

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I dont know why something so simple seems complicated for some.
That binding agreement is if the couple stays as couple. If there is a legal divorce the husband is no more the husband and hence can be off the hook. However because of lots of marriages of convenince this has changed and now a days sposorer is stuck.
He can marry the next day and sponsor someone else provided he takes into account the previous sponsorship.
Govt gives welfare based on individual 's condition not based on sex or marital status. A PR is a PR. PERIOD
3. She automatically gets half of his property. Alimony is not allowed but her laywer can push for it on the basis of her "abondenment'

Read this for more details:
http://www.immlawbymoses.com/sponsor.htm

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DIE HARD !

Quote:

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Orginally posted by Chor_Per_Mor

I dont know why something so simple seems complicated for some.


Read this for more details:
http://www.immlawbymoses.com/sponsor.htm</font>

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CPM thats cos.. I am single...never had a first marriage and a first divorce.. So would like to know all the nuances before I take the plunge. Afterall its a costly affair to get married in Canada.. The best recourse is to sign a pre-nuptial .. Thanks for the link

HotelMotelPatel... I would urge you to read that link and carefully understand the situation ur nephew is/will be in.