Have you sponsored a spouse for permanent residence in Canada? Are you looking to separate from each other? As family lawyers, we understand how divorce and separation cases that involve sponsored spouses can cause stress and anxiety to those involved. There are consequences to separating from a spouse who has been sponsored to get permanent residency in Canada. It’s important to speak to a divorce lawyer who can advise you on your rights and obligations.
Will you still be financially responsible for your spouse and their dependent children?
It depends. During the sponsorship application, the sponsor signs what is called an undertaking, in which he/she agrees to provide their spouse and dependent children with the financial support they need to cover their basic needs for up to 3 years. This means that the sponsor will be required to provide for their sponsored spouse even after a separation or divorce so long as it is within the three years.
What are basic needs as stated in spousal sponsorship applications?
Basic needs include food, shelter, and clothing. These are things needed for everyday living. They may also include health needs such as dental care, eye care, and other medical care requirements not provided as part of public health services.
Do I have to give my spouse money after signing an undertaking?
A financial undertaking doesn’t mean that you owe your sponsored spouse money. However, should you fail to cater to your spouse’s basic needs, he/she may apply for social assistance, and you will be required to pay back this money to the government.
Can you withdraw or cancel the undertaking agreement?
It depends. As a sponsor, you can only withdraw or cancel your undertaking before the visa or permanent residency is issued. After your spouse has obtained the visa or permanent residency, you must support his/her basic needs.
Can you sponsor someone else after the separation?
You may not be eligible to sponsor someone else to immigrate to Canada as your spouse if your former spouse received social assistance from the government and you haven’t repaid this debt.
How many times can you sponsor a spouse to Canada?
The law allows you to sponsor a new spouse for permanent residence so long as you are single and meet all the eligibility requirements of a sponsor.
Is the sponsorship financial support similar to spousal support/alimony?
The main difference between spousal support and sponsorship financial support is that the former is governed under the Divorce Act, whereas the latter is under the Immigration and Refugee Protection Act. This means that if you have sponsored a spouse for permanent residence in Canada, you may have to pay for their basic needs as well as spousal support under family law.
Is there a minimum income for spousal sponsorship?
Spousal sponsorship doesn’t have any minimum requirements. So long as you are not receiving any social assistance or welfare benefits or haven’t filed for bankruptcy or been discharged from previous bankruptcies, you will be required to pay for spousal sponsorship.
Can I sponsor a spouse if receiving disability benefits?
If you are receiving disability benefits, you may still sponsor a spouse because these aren’t considered a form of social assistance.
Can you withdraw your sponsorship application?
The withdrawal can only be made before your spouse becomes a permanent resident of Canada. If the application hasn’t been processed, you may qualify for a refund.
Can you apply to sponsor your spouse to Canada as soon as you get married?
So long as you have proper documentation to show that your marriage is genuine, you can apply immediately after getting married to your spouse or after a year of cohabiting with your common-law partner. The most difficult aspect of such sponsorship applications is convincing the immigration officers that the relationship is real and valid.
How can you prove if your marriage is real and valid?
There are several documents that will be required to prove your relationship is real and valid. They include:
- Joint accounts
- Shared address
- Photographs of the two of you attending social events with other family members and friends
- Copies of communications
If going through the divorce or separation process as a sponsored spouse, it is important to get the help of an experienced lawyer who will educate you on your rights and responsibilities under family law and immigration law.