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Complex Breakdown of Sponsorship of Child

SoithAsalOlc

Member
Aug 20, 2018
13
0
Hello everyone,

I have a complicated sponsorship situation, and I really need some help.

My husband sponsored his recently 22 year old daughter to come to Canada from Brazil, she lands here end of March. Things have been a bit complicated, since she was not doing anything to prepare for her new life in Canada. Not taking my offer to practice English with her, not looking up schools or jobs she wants to do, nothing. We want to support her as much as possible, but the rule was only if she also does some of the work herself and some of the research herself. She has not been since she feels it was us made the application so it is us that should make her life for her here.

She is now saying that she will live with us both and she wont pay anything, look for work, or help with household costs during the 3 years that my husband is responsible for her. She says she wants to take advantage of the free ride, and that she will take my husband to court if he denies her these services, since that is her right under the sponsorship.

The issue is, we really do not have any money. My husband got really sick with COVID last year (triple vaxed but has an immune disease), and he has been struggling with long COVID so he is currently unable to work. I am the one paying for everything, and I work for an NGO so I really only make enough for our monthly basic needs. We live in a very tiny studio apartment, and we don't ever go out or get expensive food. I am now really worried since my husband won't have any way of paying back things if she decides to wrack up debt, and I don't know how I am going to pay for a third mouth here under what I make. I am also really worried how her living with us with this attitude in such a tiny space will be, especially since I work from home so we will be together all the time.

The question is, is she obligated to also search for work or support herself under the sponsorship agreement? Is there anything we can do to protect ourselves here? Can we cancel the application before she lands in Canada (really don't want to since she is young and being spoiled, but I also don't want to find my husband and myself in a situation where we have to go to court for immigration debt)?

Please any advice would be welcome, thank you.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello everyone,

I have a complicated sponsorship situation, and I really need some help.

My husband sponsored his recently 22 year old daughter to come to Canada from Brazil, she lands here end of March. Things have been a bit complicated, since she was not doing anything to prepare for her new life in Canada. Not taking my offer to practice English with her, not looking up schools or jobs she wants to do, nothing. We want to support her as much as possible, but the rule was only if she also does some of the work herself and some of the research herself. She has not been since she feels it was us made the application so it is us that should make her life for her here.

She is now saying that she will live with us both and she wont pay anything, look for work, or help with household costs during the 3 years that my husband is responsible for her. She says she wants to take advantage of the free ride, and that she will take my husband to court if he denies her these services, since that is her right under the sponsorship.

The issue is, we really do not have any money. My husband got really sick with COVID last year (triple vaxed but has an immune disease), and he has been struggling with long COVID so he is currently unable to work. I am the one paying for everything, and I work for an NGO so I really only make enough for our monthly basic needs. We live in a very tiny studio apartment, and we don't ever go out or get expensive food. I am now really worried since my husband won't have any way of paying back things if she decides to wrack up debt, and I don't know how I am going to pay for a third mouth here under what I make. I am also really worried how her living with us with this attitude in such a tiny space will be, especially since I work from home so we will be together all the time.

The question is, is she obligated to also search for work or support herself under the sponsorship agreement? Is there anything we can do to protect ourselves here? Can we cancel the application before she lands in Canada (really don't want to since she is young and being spoiled, but I also don't want to find my husband and myself in a situation where we have to go to court for immigration debt)?

Please any advice would be welcome, thank you.
- If you want to cancel the visa before she lands, your husband would need to be the one to do it. Be aware that if he cancels, he will not be able to sponsor her for PR in the futue since his daughter will have aged out. This is her only opportunity to get PR through her father.
- She is not obligated to search for work or support herself under the sponsorship agreement. Under the sponsorship agreement, your husband and you (assuming you co-signed) are financially responsible for her for 3 years after she lands and becomes a PR. This means that if she goes on social assistance at any time during this three year period, you will need to repay this money to the government. To qualify for social assistance, you generally need to prove that you've at least attempted to look for a job.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hello everyone,

I have a complicated sponsorship situation, and I really need some help.

My husband sponsored his recently 22 year old daughter to come to Canada from Brazil, she lands here end of March. Things have been a bit complicated, since she was not doing anything to prepare for her new life in Canada. Not taking my offer to practice English with her, not looking up schools or jobs she wants to do, nothing. We want to support her as much as possible, but the rule was only if she also does some of the work herself and some of the research herself. She has not been since she feels it was us made the application so it is us that should make her life for her here.

She is now saying that she will live with us both and she wont pay anything, look for work, or help with household costs during the 3 years that my husband is responsible for her. She says she wants to take advantage of the free ride, and that she will take my husband to court if he denies her these services, since that is her right under the sponsorship.

The issue is, we really do not have any money. My husband got really sick with COVID last year (triple vaxed but has an immune disease), and he has been struggling with long COVID so he is currently unable to work. I am the one paying for everything, and I work for an NGO so I really only make enough for our monthly basic needs. We live in a very tiny studio apartment, and we don't ever go out or get expensive food. I am now really worried since my husband won't have any way of paying back things if she decides to wrack up debt, and I don't know how I am going to pay for a third mouth here under what I make. I am also really worried how her living with us with this attitude in such a tiny space will be, especially since I work from home so we will be together all the time.

The question is, is she obligated to also search for work or support herself under the sponsorship agreement? Is there anything we can do to protect ourselves here? Can we cancel the application before she lands in Canada (really don't want to since she is young and being spoiled, but I also don't want to find my husband and myself in a situation where we have to go to court for immigration debt)?

Please any advice would be welcome, thank you.
Just to add / clarify... She cannot "take you to court" for failing to support her. What she CAN do is go on social assistance. You'll then be responsible for paying this money back.
 
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SoithAsalOlc

Member
Aug 20, 2018
13
0
- If you want to cancel the visa before she lands, your husband would need to be the one to do it. Be aware that if he cancels, he will not be able to sponsor her for PR in the futue since his daughter will have aged out. This is her only opportunity to get PR through her father.
- She is not obligated to search for work or support herself under the sponsorship agreement. Under the sponsorship agreement, your husband and you (assuming you co-signed) are financially responsible for her for 3 years after she lands and becomes a PR. This means that if she goes on social assistance at any time during this three year period, you will need to repay this money to the government. To qualify for social assistance, you generally need to prove that you've at least attempted to look for a job.
I really do not want to cancel the application, since even with all of this happening I really want her to have the opportunity at a better life. Even if she comes here and decides to not work ever, or if she adds tension to our living space, she has the ability to do that? We cannot ask her to find a job, or to find another living space?

Also, good to know on the court thing. I saw in the sponsorship agreement that she could sue my husband for supports if we do not offer them.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I really do not want to cancel the application, since even with all of this happening I really want her to have the opportunity at a better life. Even if she comes here and decides to not work ever, or if she adds tension to our living space, she has the ability to do that? We cannot ask her to find a job, or to find another living space?

Also, good to know on the court thing. I saw in the sponsorship agreement that she could sue my husband for supports if we do not offer them.
You cannot force someone to find a job. You can certainly kick her out and tell her she needs to find her own place to live. Just as you don't have the right to force her to find a job, she doesn't have the right to live at your place. It's your place. Your choice who lives there.

I don't know where you saw in the sponsorship agreement that she can sue. Can you quote that section and where you found that?

Again, the risk is that she goes on social assitance and you end up being on the hook for repaying 3 years of social assistance payments. Legally, you will be responsible for repaying this money and that's what you agreed to by signing the sponsorship agreement. This is not a small amount of money. I don't know where you live. However over three years, this could amount to $25,000+.
 

armoured

VIP Member
Feb 1, 2015
17,294
8,892
We cannot ask her to find a job, or to find another living space?
You can kick her out, you can ask her to do whatever you want - but as an adult, you can't 'make' her work - or do much of anything, really. What you can do is stop supporting her, including letting her live with you.

After which, if she gets assistance from the government, you will be on the hook to repay.

Now to be clear: social assistance is not a bed of roses in Canada either. She may not like those conditions.

But ultimately, you are signing up to sponsor, and you'll be on the hook, but the rest is mostly between you family members. Apart from the undertakings you signed, it's not really a government matter.
 
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SoithAsalOlc

Member
Aug 20, 2018
13
0
You cannot force someone to find a job. You can certainly kick her out and tell her she needs to find her own place to live. Just as you don't have the right to force her to find a job, she doesn't have the right to live at your place. It's your place. Your choice who lives there.

I don't know where you saw in the sponsorship agreement that she can sue. Can you quote that section and where you found that?

Again, the risk is that she goes on social assitance and you end up being on the hook for repaying 3 years of social assistance payments. Legally, you will be responsible for repaying this money and that's what you agreed to by signing the sponsorship agreement. This is not a small amount of money. I don't know where you live. However over three years, this could amount to $25,000+.
In the IMM1344 it says in the Undertaking section "If the sponsor...do not provide support as required, the sponsored person can take legal action." which I took meaning to sue.

That is a lot of money. Seems like we have a very crappy decision to make.
 

scylla

VIP Member
Jun 8, 2010
95,881
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
In the IMM1344 it says in the Undertaking section "If the sponsor...do not provide support as required, the sponsored person can take legal action." which I took meaning to sue.

That is a lot of money. Seems like we have a very crappy decision to make.
Ah - I have to admit I wasn't aware of that. She would need money to hire a lawyer. That isn't cheap in Canada. IMO your main risk is the social assistance - which is still a substanial risk.
 
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MJSPARV

Hero Member
Sep 17, 2020
406
251
How is the ticket for her to come being paid for? If it's not been bought yet perhaps she needs to be the one to pay for it. Does she have to land by the end of March? Perhaps your husband needs to make it clear that if she doesn't contribute at all she's not welcome to be in the house and show her a breakdown of what she would get from social assistance and what things cost in your town.

Also is it possible that she doesn't want to come and is hoping you'll cancel the sponsorship? I'll be blunt that given her age (she's an adult!) and her threats that I'd be cancelling the sponsorship and if she decides she wants to come to Canada later she can figure out a way to get here on her own. I get that you want to give her a chance at a better life but it sounds like she doesn't want it.
 
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SoithAsalOlc

Member
Aug 20, 2018
13
0
How is the ticket for her to come being paid for? If it's not been bought yet perhaps she needs to be the one to pay for it. Does she have to land by the end of March? Perhaps your husband needs to make it clear that if she doesn't contribute at all she's not welcome to be in the house and show her a breakdown of what she would get from social assistance and what things cost in your town.

Also is it possible that she doesn't want to come and is hoping you'll cancel the sponsorship? I'll be blunt that given her age (she's an adult!) and her threats that I'd be cancelling the sponsorship and if she decides she wants to come to Canada later she can figure out a way to get here on her own. I get that you want to give her a chance at a better life but it sounds like she doesn't want it.
The ticket was paid for already by her mom, non-refundable. She doesn't seem to want to come to Canada, no. She even called it a shitty country. She wants to go to Europe but she has no real plan, so she is coming here instead since it is easier. She wants to travel and be an influencer so this seems to be the first step in her mind I suppose.
 

MJSPARV

Hero Member
Sep 17, 2020
406
251
The ticket was paid for already by her mom, non-refundable. She doesn't seem to want to come to Canada, no. She even called it a shitty country. She wants to go to Europe but she has no real plan, so she is coming here instead since it is easier. She wants to travel and be an influencer so this seems to be the first step in her mind I suppose.
Tough situation for sure. Easy for me to say as my kids are young, but this sounds like some tough love, "no you can't free load and possibly (probably?) put your dad and his wife in dire financial straits" is needed. Good luck!
 
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Copingwithlife

VIP Member
Jul 29, 2018
4,486
2,255
Earth
Hello everyone,

I have a complicated sponsorship situation, and I really need some help.

My husband sponsored his recently 22 year old daughter to come to Canada from Brazil, she lands here end of March. Things have been a bit complicated, since she was not doing anything to prepare for her new life in Canada. Not taking my offer to practice English with her, not looking up schools or jobs she wants to do, nothing. We want to support her as much as possible, but the rule was only if she also does some of the work herself and some of the research herself. She has not been since she feels it was us made the application so it is us that should make her life for her here.

She is now saying that she will live with us both and she wont pay anything, look for work, or help with household costs during the 3 years that my husband is responsible for her. She says she wants to take advantage of the free ride, and that she will take my husband to court if he denies her these services, since that is her right under the sponsorship.

The issue is, we really do not have any money. My husband got really sick with COVID last year (triple vaxed but has an immune disease), and he has been struggling with long COVID so he is currently unable to work. I am the one paying for everything, and I work for an NGO so I really only make enough for our monthly basic needs. We live in a very tiny studio apartment, and we don't ever go out or get expensive food. I am now really worried since my husband won't have any way of paying back things if she decides to wrack up debt, and I don't know how I am going to pay for a third mouth here under what I make. I am also really worried how her living with us with this attitude in such a tiny space will be, especially since I work from home so we will be together all the time.

The question is, is she obligated to also search for work or support herself under the sponsorship agreement? Is there anything we can do to protect ourselves here? Can we cancel the application before she lands in Canada (really don't want to since she is young and being spoiled, but I also don't want to find my husband and myself in a situation where we have to go to court for immigration debt)?

Please any advice would be welcome, thank you.
You mention you’re already are going thru and have gone thru extremely emotionally & financially trying times , and you want to add someone that already sounds like they are going to add to it ????
( Plus living together in a small space ??? - chaos will ensue)
You’ve already set out the rules for her to come . And she’s basically laughing at you. Be lucky you know what’s the deal prior for her to coming
She’s 22, repeat 22 years old . At 22 I was working two full time jobs. She knows the deal . She’s playing you , and sorry to say, sounds like she’s winning
I’d be like “Not today Satan , not today”

Sorry
Fool me once shame on you , fool me twice shame on me
 
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