36 Spousal Financial Responsibility

[doncarlos79]

Hello all,

My son sponsored his spouse from overseas in March 2011 and it took almost 4.5 years for the immigration process to complete. During this we got no communication from CIC except she had an interview in August 2013 and then there was dead silence.

Anyway in June 2015, she was asked to submit a new medical and submit passport. Passport was stamped with visa and she arrived December 2015.

The girls attitude since she got her PR card arrived has changed and is non cooperative and just wants to sit at home on the couch and do nothing. Gives no respect to my son. Basically all she is doing is adding pain and seems to enjoy it.

My questions is my son is responsible for 36 months as per sponsorship agreement for her financial well being.
I want to know what are his rights as the sponsor in Family Class and other than being responsible for her 36 months for her financial well being.
As far as I can if we seeks divorce , it is family law matter.

Can anyone advise is there is anything related to immigration law as per CIC because is already here in Canada?

Anyone who is familiar with this situation (like been through), please advice.

Regards,

Donald

 

[Ponga]

Unfortunately, he IS financially responsible for her for 3 years beyond the date when she became a PR of Canada...however, she has to make a reasonable effort to help herself, financially. I know that it's mentioned somewhere, in the mountain of forms and instruction guides, that the sponsored person must make an effort to `do something besides sitting on the couch'. If/when I find it, I'll post it for you, but it doesn't really change the fact that he is responsible for her.

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp

What does it mean “to sponsor”?

When you agree to be a sponsor, you must sign a contract called an undertaking with the Minister of Citizenship and Immigration (or with the Ministère de l’Immigration, de la Diversité et de l’Inclusion [MIDI] if you live in Québec).

The undertaking is a promise to provide financial support for your spouse or common-law partner’s basic requirements and those of his or her dependent children.

Basic requirements are:

food
clothing
utilities
personal requirements
shelter
fuel
household supplies

This also includes other health care not provided by public health, such as eye and dental care.

The undertaking ensures that these persons and their family members do not have to apply for social assistance. Its length varies according to their age and their relationship to you.

Your obligations as a sponsor begin as soon as the person you are sponsoring and, if applicable, his or her family members arrive in Canada.

Important information: The undertaking is an unconditional promise of support. For example, the granting of Canadian citizenship, divorce, separation or relationship breakdown or moving to another province does not cancel the undertaking. The undertaking also remains in effect even if your financial situation deteriorates.

 

[scylla]

What Ponga said. He's still financially responsible for her for 36 months even if they divorce. What this practically means is that if she goes on welfare at any time during those 36 months, he will be responsible for paying this money back to the government (again, regardless of whether they are still married or not).

He signed a legally binding agreement to support her when he signed the sponsorship papers. This has nothing to do with family law.

 

[Ponga]

What Ponga said. He's still financially responsible for her for 36 months even if they divorce. What this practically means is that if she goes on welfare at any time during those 36 months, he will be responsible for paying this money back to the government (again, regardless of whether they are still married or not).

He signed a legally binding agreement to support her when he signed the sponsorship papers. This has nothing to do with family law.

I just wish I could recall where I saw the part about the sponsored person having to at least make an effort, financially.

Moot point, since it doesn't change the fact that he's financially responsible, but...

 

[impatientwife]

Hello all,

My son sponsored his spouse from overseas in March 2011 and it took almost 4.5 years for the immigration process to complete. During this we got no communication from CIC except she had an interview in August 2013 and then there was dead silence.

Anyway in June 2015, she was asked to submit a new medical and submit passport. Passport was stamped with visa and she arrived December 2015.

The girls attitude since she got her PR card arrived has changed and is non cooperative and just wants to sit at home on the couch and do nothing. Gives no respect to my son. Basically all she is doing is adding pain and seems to enjoy it.

My questions is my son is responsible for 36 months as per sponsorship agreement for her financial well being.
I want to know what are his rights as the sponsor in Family Class and other than being responsible for her 36 months for her financial well being.
As far as I can if we seeks divorce , it is family law matter.

Can anyone advise is there is anything related to immigration law as per CIC because is already here in Canada?

Anyone who is familiar with this situation (like been through), please advice.

Regards,

Donald

Her PR status is conditional for 2 years, he could contact CIC stating the sponsorship has broken down, her pr may be revoked, however if it's not and she remains here and goes on welfare he's responsible to pay back all that money

 

[doncarlos79]

Her PR status is conditional for 2 years, he could contact CIC stating the sponsorship has broken down, her pr may be revoked, however if it's not and she remains here and goes on welfare he's responsible to pay back all that money

She does not come under the conditional PR status for 2 years, he case was filed in March 2011.

 

[Ponga]

Her PR status is conditional for 2 years, he could contact CIC stating the sponsorship has broken down, her pr may be revoked, however if it's not and she remains here and goes on welfare he's responsible to pay back all that money

No, it's not. The application was received by CIC in March 2011, over a year before the Conditional PR requirement was even introduced by CIC.

 

[Aquakitty]

Wow that's an insanely long time for PR.

Let me get psychological for a second. Usually people aren't just lazy, there's usually a reason behind it, like anxiety or depression. Obviously I don't know anything about the situation or her, so I'm just speculating.

Maybe you and your son can have a good discussion with her, find out the root of the issue. If she's having trouble adjusting to Canadian society there are many free ways to get help.

 

[doncarlos79]

Wow that's an insanely long time for PR.

Let me get psychological for a second. Usually people aren't just lazy, there's usually a reason behind it, like anxiety or depression. Obviously I don't know anything about the situation or her, so I'm just speculating.

Maybe you and your son can have a good discussion with her, find out the root of the issue. If she's having trouble adjusting to Canadian society there are many free ways to get help.

I am going to assume that she knows about the 36 months undertaking, eventhough we have not asked her directly.
Discussion he has had with her , it was very clearly from her intention that she wants to do everything possible to break this marriage meaning she wants him to kicks her out , so she can show herself to her family especially as the victim. I am getting an appointment with family lawyer to find out our options.

 

[Alurra71]

I am going to assume that she knows about the 36 months undertaking, eventhough we have not asked her directly.
Discussion he has had with her , it was very clearly from her intention that she wants to do everything possible to break this marriage meaning she wants him to kicks her out , so she can show herself to her family especially as the victim. I am getting an appointment with family lawyer to find out our options.

The statement of yours that I bolded....

I'm sorry if this sounds a bit harsh, but you really need to step out of this relationship. Maybe that is part of the problem, you seem to have inserted yourself firmly into the middle of the married couple and that is never going to go well from either side. You said she pays your son no respect, however, you haven't stated whether he pays her any respect and that DOES matter. Nobody would go through the hell of waiting for their spousal PR for over 4 years and then just give up on the marriage. Maybe you should be trying to edge them toward counseling instead of the divorce lawyer. Let the kids sort it out and you step out of it and your son will come to you when and IF he wants/needs your advice.

I would also reiterate what others have said. You can go to any lawyer you want, but your son is legally bound by the sponsorship contract he signed, to take care of her for 3 years. Nothing is going to stop that situation.

just my two cents worth.

 

[scylla]

I am going to assume that she knows about the 36 months undertaking, eventhough we have not asked her directly.

Whether she knows about the rule or not is completely irrelevant. If she ends up taking welfare during those 36 months because she can't support herself on her own - your son will have to pay the money back. It's not her that triggers this repayment - it's the government that will come after him.

 

[doncarlos79]

The statement of yours that I bolded....

I'm sorry if this sounds a bit harsh, but you really need to step out of this relationship. Maybe that is part of the problem, you seem to have inserted yourself firmly into the middle of the married couple and that is never going to go well from either side. You said she pays your son no respect, however, you haven't stated whether he pays her any respect and that DOES matter. Nobody would go through the hell of waiting for their spousal PR for over 4 years and then just give up on the marriage. Maybe you should be trying to edge them toward counseling instead of the divorce lawyer. Let the kids sort it out and you step out of it and your son will come to you when and IF he wants/needs your advice.

I would also reiterate what others have said. You can go to any lawyer you want, but your son is legally bound by the sponsorship contract he signed, to take care of her for 3 years. Nothing is going to stop that situation.

just my two cents worth.

I have not inserted myself at all but I have overheard and observed. They have gone to a marriage councillor and marriage councillor pointed out lack of communication. To build that he has tried taking to her movies, touristy places etc but that has not lead to improving anything. It is still a one way street, he is making all the efforts but she is not making anything easier at all.

Anyway, we will see what family law lawyer says.

Thanks for the advice and input everyone.

 

[doncarlos79]

Whether she knows about the rule or not is completely irrelevant. If she ends up taking welfare during those 36 months because she can't support herself on her own - your son will have to pay the money back. It's not her that triggers this repayment - it's the government that will come after him.

We are aware of that and thats why I wanted to find out his rights. Have to discuss this with a lawyer.

 

[scylla]

We are aware of that and thats why I wanted to find out his rights. Have to discuss this with a lawyer.

Unfortunately his rights do not extended to getting out of the support agreement he signed when he sponsored his wife. Note that a family lawyer may not be familiar with immigration law and may answer this question incorrectly. This is an immigration law question - not family law. So if you want legal advice on this specific matter - you'll need to engaged a good immigration lawyer (in addition to the family lawyer).

Good luck.

 

[ifeedly]

I would recommend that you go through the following sections of IMM1344E:
1) Undertaking by the sponsor and Co-Signer
2) Obligations of the person sponsored

not only is the undertaking binding but the obligations carry weight too.

These should answer your questions and yes these sections summarize the law.

a lawyer whose office deals with family law and immigration law would be best suited to provide you guidance.
Immigration consultant or immigration lawyer alone will not be sufficient.

and in all this story you have never mentioned once what is the point of view of your son?

and here is a court decision in a similar case you probably would want to have a look at:
Singh v. Singh, 2013 ONSC 6476