Can My Sponsor Cancel My Visa? Visa Sponsorship

All over the world, it is known that visa sponsorship plays a crucial role in the immigration process. It plays a role in work setting, study, and even in family reunification

A visa sponsor is someone or an organization that shoulders the responsibility for a foreign national’s stay in a country. This sponsor could be an employer, a university accepting you as a student, or a spouse bringing you over to live together.

But there’s the question of “what happens if things go wrong?”. Can your sponsor cancel your visa, leaving you in a precarious situation? In this article, we will explore the question and shed light on all areas surrounding the question. By the end of this article you should know the following;

The answer to the question
What you should do if your sponsor cancels your visa

Let’s dive in!

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Everything You Need to Know About Visa Sponsorship

As we have mentioned, a visa sponsor may be an employer offering you a job, a university accepting you as a student, or a spouse bringing you over to live together. The sponsor’s role is important in the visa process because they provide the necessary support and assurances to the immigration authorities.

There are different types of sponsorship arrangements and here’s what you should know;

Sponsorship arrangements vary based on the purpose of the visa.
In employment-based visas, your employer sponsors you to work in their company.
If you’re on a student visa, your educational institution acts as your sponsor.
For family or partner visas, your spouse or partner sponsors you, ensuring your stay in the country as part of your relationship.
Each type of sponsorship comes with specific obligations and conditions, both for the sponsor and the visa holder.

Being a sponsor is not just about the name, they have significant responsibilities. The responsibilities of a sponsor include ensuring that you, as an applicant, oblige with the terms of your visa. The terms of the visa revolve around maintaining employment, attending classes, or living together as a couple.

Your sponsor may also be financially responsible for you, covering certain expenses or ensuring you do not become a public burden. However, they must also comply with the country’s immigration laws and regulations, or face the measures, including fines, loss of sponsorship privileges, or even legal action.

Legal justifications for cancellation

Several valid reasons can justify a sponsor’s decision to cancel a visa. For employment-based visas, job termination is a common reason. If your employment ends, the sponsor (your employer) might inform immigration authorities, leading to the cancellation of your visa. Misconduct or breach of contract are other reasons. For spouse or partner visas, the end of the relationship often triggers cancellation. If the relationship is no longer valid, the sponsoring partner may seek to have the visa cancelled.

However, you should know that sponsors cannot visa at their whim. There are different limitations in place to protect visa holders. If a sponsor tries to cancel a visa without legal grounds, the visa holder may challenge the decision through legal channels.

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Legal Processes and Considerations

Sponsors have specific legal rights when it comes to visa cancellation, but these rights come with limitations. A sponsor must follow the proper legal procedures, which often involve notifying the immigration authorities, providing reasons for the cancellation, and submitting the necessary documentation. However, they cannot bypass these steps or cancel a visa without cause. The law protects visa holders from arbitrary or unfair cancellations.

2. The visa holder’s rights

If your sponsor initiates visa cancellation, you still have rights. First, you must be officially notified of the cancellation. This notification usually comes from immigration authorities, not the sponsor directly. You also have the right to challenge the cancellation if you believe it’s unjust. For example, if your employer cancels your visa unfairly, you might have grounds to appeal the decision, especially if it violates employment laws or your contract.

3. Timeline and procedures for cancellation

The visa cancellation process varies depending on the country and visa type. Generally, once a sponsor initiates the cancellation, it can take anywhere from a few days to several weeks for the process to complete. During this time, you may have a grace period to resolve your situation, such as finding a new sponsor or appealing the decision. Immigration authorities usually require formal documentation from the sponsor, explaining why the visa should be cancelled. After cancellation, you may need to leave the country or apply for a different visa to remain legally.

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1. Loss of legal status

One of the most significant impacts of visa cancellation is the loss of legal status. Without a valid visa, your presence in the country becomes illegal. This status loss can affect every aspect of your life, from employment to housing. Employers are typically required to terminate your employment if your visa is canceled. Additionally, landlords may not be able to legally rent to you, which could result in eviction. Therefore, maintaining legal status is crucial to avoid these harsh consequences.

2. Financial and personal consequences

Visa cancellation often comes with financial burdens. You may lose your income if your job is tied to your visa, and finding new employment could be difficult without legal status. Furthermore, you may need to bear the costs of leaving the country on short notice, including travel expenses and settling outstanding bills. On a personal level, visa cancellation can disrupt your life plans, separate you from your family, and force you to leave behind established social connections.

How to Prevent Visa Cancellation

1. Maintaining Compliance with Sponsorship Terms

One of the best ways to prevent visa cancellation is to ensure compliance with all sponsorship terms. In employment-based scenarios, this means fulfilling your job duties, adhering to company policies, and maintaining a good relationship with your employer. For student visas, this involves attending classes regularly, meeting academic requirements, and complying with any conditions set by your educational institution. For spouse or partners, it means maintaining the relationship in good faith. Compliance with these terms is critical to keeping your visa valid and secure.

Open and proactive communication with your sponsor can prevent misunderstandings that might lead to visa cancellation. If you foresee any issues that might affect your visa status, such as changes in employment or personal circumstances, it’s wise to discuss these with your sponsor. Clear communication can help resolve potential problems before they escalate to the point of cancellation. Moreover, keeping your sponsor informed about your status shows responsibility and may lead to greater support from them.

3. Seeking Legal Counsel

If you suspect that your sponsor might cancel your visa or if issues arise, seeking legal advice early can make a significant difference. An immigration lawyer can guide you through your rights, explain the potential consequences, and help you explore options to retain your visa status. Legal counsel can also assist in challenging a cancellation if it occurs. Given the complexities of immigration laws, having professional guidance can protect your interests and help you navigate the process smoothly.

Conclusion

Visa sponsorship is a very important aspect in your plan for moving to a new country. You should know that it comes with risks such as the chance that your sponsor might cancel your visa. This is why you need to understand the responsibilities of your sponsor and how the legal process works.

In a case where you think your visa might be at risk of being cancelled, it is necessary to work towards preventing it. Necessary steps involve maintaining good communication with your sponsor, fulfilling all job-related duties, and staying informed about your visa status. The more informed you are, the better you can protect your visa and continue working or living in your host country without unnecessary stress.

In the unfortunate event that your visa does get cancelled, acting quickly is crucial. Seeking legal advice right away can help you understand your options and find the best course of action. By staying proactive and informed, you can better secure your future and continue your journey in the new country with fewer disruptions.