Collecting Disability Durring Sponsorship Question

[Hound]

Hello,

I have already been approved for sponsorship, and waiting now for the processing. I´m a Canadian, and I live in BC. I collect Disability payments from the Provincial Government.

As a single person I collect a set level monthly payment rate. However, when I become married I must inform the Ministry (Who handles the payments) to let them know I am now married, and I have to add my spouse to my file and my classification changes to ´married´, and my monthly payment rate will go up because there is 2 of us now. So...

The question is, does this count as collecting social assistance benefits AGAINST my spouse? As if she was collecting welfare or some form of social assistance benefits? (Which of course she can´t do during the sponsorship term)

I can´t see this being the case, since she is not the one actually collecting the benefit, I am. But they are giving extra money to me for having a wife.

Is this ok during sponsorship?
Or would I have to pay it back?

I guess my situation is a bit different from the average user here, but any help would be really appreciated. This seems to be a gray area yet might have an easy answer.

Thank you very much!

 

[Doe123]

I will likely be in this situation anytime now. We're already married and need to wait until she has recieved permanent residency to qualify for the increased monthy payment. Does anyone know the answer to this? Thanks.

 

[CdnandTrini]

Reply: Collecting Disability Durring Sponsorship Question

Hi folks, this is from a lawyer's website: http://immigrationcanada.pro/immigration-rules/spousal-sponsorship/ I would still advise you to contact your Member of Parliament (MP) to ensure you are the exception. Most MP's offices have a staff person that deals strictly with immigration inquiries.

"Unlike other sponsorship categories, there is no minimum income test or employment requirement to sponsor a partner or dependent child. As noted however, you can not be receiving social assistance (such as welfare) or you will be disqualified as a sponsor."

There are exceptions for employment insurance and disability payments.

There is still a general obligation to provide the basic necessities of sponsored persons. So even though there are no minimum financial requirements, if you don’t show any ability to support your partner or sponsored children, you may still be rejected.

A good strategy is to include additional information regarding income, assets and investments (including housing) to show you can provide for the basic necessities of the sponsored people joining you in Canada.

 

[amikety]

I'll send Parker your way.

 

[Doe123]

Re: Reply: Collecting Disability Durring Sponsorship Question

Hi folks, this is from a lawyer's website: "not allowed" I would still advise you to contact your Member of Parliament (MP) to ensure you are the exception. Most MP's offices have a staff person that deals strictly with immigration inquiries.

"Unlike other sponsorship categories, there is no minimum income test or employment requirement to sponsor a partner or dependent child. As noted however, you can not be receiving social assistance (such as welfare) or you will be disqualified as a sponsor."

There are exceptions for employment insurance and disability payments.

There is still a general obligation to provide the basic necessities of sponsored persons. So even though there are no minimum financial requirements, if you don't show any ability to support your partner or sponsored children, you may still be rejected.

A good strategy is to include additional information regarding income, assets and investments (including housing) to show you can provide for the basic necessities of the sponsored people joining you in Canada.

It's not a question of sponsership eligibility; but rather if the increase in disability payment would be considered as if my wife (the person sponsered) is receiving income assistance (which is not allowed). This can probably only be answered by someone that's been in this particular situation, unfortionately.

 

[parker24]

Re: Reply: Collecting Disability Durring Sponsorship Question

It's not a question of sponsership eligibility; but rather if the increase in disability payment would be considered as if my wife (the person sponsered) is receiving income assistance (which is not allowed). This can probably only be answered by someone that's been in this particular situation, unfortionately.

Hiya! That would be me! I'm "disabled" (I hate that word!) and my husband just landed this Jan. It's fine to have disability income, I had it since early 2011 and it went fine. The increase is fine as well. It will be increased when you land Feel free to ask me anything about it, while I'm in Ontario, I find the rules are fairly similar.

 

[Doe123]

Re: Reply: Collecting Disability Durring Sponsorship Question

Hiya! That would be me! I'm "disabled" (I hate that word!) and my husband just landed this Jan. It's fine to have disability income, I had it since early 2011 and it went fine. The increase is fine as well. It will be increased when you land Feel free to ask me anything about it, while I'm in Ontario, I find the rules are fairly similar.

Thank you for the help; but may i ask how you are sure that the increase to monthly payments is okay?


I am trying to find a definitive answer so i won't have to pay anything back.

So this is what the following says:

Application to sponsor, sponsorship agreement and undertaking (IMM 1344)

I promise that the sponsored person and his or her family members will not need to apply for social assistance benefits

That would lead me to believe my wife (the person sponsored) would have to be the applicant for the increase of monthly payments to be a problem; but then reading the...

Immigration and Refugee Protection Regulations

“social assistance”
« assistance sociale »
“social assistance” means any benefit in the form of money, goods or services provided to or on behalf of a person by a province under a program of social assistance, including a program of social assistance designated by a province to provide for basic requirements including food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health care, including dental care and eye care.

“social services”
« services sociaux »
“social services” means any social services, such as home care, specialized residence and residential services, special education services, social and vocational rehabilitation services, personal support services and the provision of devices related to those services,
(a) that are intended to assist a person in functioning physically, emotionally, socially, psychologically or vocationally; and
(b) for which the majority of the funding, including funding that provides direct or indirect financial support to an assisted person, is contributed by governments, either directly or through publicly-funded agencies.

it becomes uncertain once again. And then there are these definitions:

Employment and Assistance for Persons with Disabilities Act

"applicant" means the person in a family unit who applies under this Act for disability assistance, hardship assistance or a supplement on behalf of the family unit, and includes
(a) the person's spouse, if the spouse is a dependant, and
(b) the person's adult dependants;

"dependant", in relation to a person, means anyone who resides with the person and who
(a) is the spouse of the person,
(b) is a dependent child of the person, or
(c) indicates a parental responsibility for the person's dependent child;

"family unit" means an applicant or a recipient and his or her dependants;

"recipient" means the person in a family unit to or for whom disability assistance, hardship assistance or a supplement is provided under this Act for the use or benefit of someone in the family unit, and includes
(a) the person's spouse, if the spouse is a dependant, and
(b) the person's adult dependants;

(3) For the purpose of the definition of "dependant", spouses do not reside apart by reason only that a spouse is employed or self-employed in a position that requires the spouse to be away from the residence of the family unit for periods longer than a day. (B.C. Reg. 193/2006)

And this:

Employment and Assistance for Persons with Disabilities Regulation

Purpose of support allowance
3 Any amount provided under this Schedule for support is intended to be used by the recipient to meet the food, clothing and transportation needs of the family unit

I may just end up needing to ask the ministry of social development and/or immigration canada. But i would obviously prefer if someone on these forums has been in this exact situation.

Any more help would be very appreciated!

 

[parker24]

Re: Reply: Collecting Disability Durring Sponsorship Question

Thank you for the help; but may i ask how you are sure that the increase to monthly payments is okay?


I am trying to find a definitive answer so i won't have to pay anything back.

So this is what the following says:

That would lead me to believe my wife (the person sponsored) would have to be the applicant for the increase of monthly payments to be a problem; but then reading the...

it becomes uncertain once again. And then there are these definitions:


And this:


I may just end up needing to ask the ministry of social development and/or immigration canada. But i would obviously prefer if someone on these forums has been in this exact situation.

Any more help would be very appreciated!

Disability is NOT social assistance according to CIC. If you call the call centre to ask, you might get the same woman who was insanely rude to me telling me that I called Immigration, not social services and how I need to stop wasting her time. I had the same question, but after reading here and reading the CIC website, I realized I was alright.

if a sponsor is in receipt of Social Assistance other than Disability Benefits;

http://www.cic.gc.ca/english/department/laws-policy/agreements/bc/bc-2010-annex-d.asp

received government financial assistance for reasons other than a disability

http://www.cic.gc.ca/english/immigrate/sponsor/relatives-apply-who.asp

I'm the sponsor and I have profound hearing loss. My husband has ADHD. So I guess technically, we both have disabilities. My husband was put on my disability and our income payment went up 200 dollars a month.

 

[Doe123]

I believe there may be a misunderstanding. I am not concerned about my [the sponsor] eligibility, but how when my wife [the person being sponsored] is approved for permanent residency, my [and possibly considered our "family unit"] will receive an increase to the monthly payment, and this could be considered that she [the person being sponsored] is recieving social assistance (which is not allowed). I don't understand if the extra money would be considered her's or not, or for her (again, this would presumingly not be allowed). I don't actually even understand why my monthy payment goes up to start with. I don't mean to be difficult or anything. Just want to make sure we are on the same page. I am not very good with this sort of thing. But again, thank you for the help, it's very apprieciated!

 

[dawlex]

I am also curious about this. I too am receiving 'partial' provincial disability benefits and sponsoring my spouse. I have recently rec'd a call from the disability office stating that they need to add my spouse to my benefits now that we are married. I have an additional source of income as well so financially we can manage - albeit tight. I've also addressed my concerns that him being added to my benefits would jeopardize our immigration application if it were to be deemed as social assistance. I would prefer that they not add him, as I assume he would be eligible for a work permit after we receive AIP (hopefully by the end of summer). We have a meeting with disability next week, so I will know more after that.

 

[parker24]

I believe there may be a misunderstanding. I am not concerned about my [the sponsor] eligibility, but how when my wife [the person being sponsored] is approved for permanent residency, my [and possibly considered our "family unit"] will receive an increase to the monthly payment, and this could be considered that she [the person being sponsored] is recieving social assistance (which is not allowed). I don't understand if the extra money would be considered her's or not, or for her (again, this would presumingly not be allowed). I don't actually even understand why my monthy payment goes up to start with. I don't mean to be difficult or anything. Just want to make sure we are on the same page. I am not very good with this sort of thing. But again, thank you for the help, it's very apprieciated!

Like I said, disability is not considered social assistance to CIC. Doesn't matter if you are receiving it or she is. It's not social assistance to them.

 

[Doe123]

Like I said, disability is not considered social assistance to CIC. Doesn't matter if you are receiving it or she is. It's not social assistance to them.

I understand now. But do you have confirmation in writing that disability is not considered social assistance to them? I can not seem to interpret any definitions as that. Also, it would then be my understanding, that she would not be able to receive disability assistance in that case, directly or indirectly because of the monthly increase. I am not purposely trying to disprove you or anything, it just continues to be very large concern of mine that if it really is not allowed, and each of us may be required to pay money back to our provinces.

Again; thank you for everything!

 

[amikety]

This is only a partial from CIC's website: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You may not be eligible to be a sponsor if you:
•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
•defaulted on a court-ordered support order, such as alimony or child support
•receive government financial assistance for reasons other than a disability

It's on the website. You'll be fine.

 

[Doe123]

I am also curious about this. I too am receiving 'partial' provincial disability benefits and sponsoring my spouse. I have recently rec'd a call from the disability office stating that they need to add my spouse to my benefits now that we are married. I have an additional source of income as well so financially we can manage - albeit tight. I've also addressed my concerns that him being added to my benefits would jeopardize our immigration application if it were to be deemed as social assistance. I would prefer that they not add him, as I assume he would be eligible for a work permit after we receive AIP (hopefully by the end of summer). We have a meeting with disability next week, so I will know more after that.

In BC, they added my wife as soon as it was reported that we were married, and the monthly payments do not increase until she officially becomes a permanent resident of canada, to even worry about it. I hope that's somewhat helpful.

 

[Doe123]

This is only a partial from CIC's website: "not allowed"

You may not be eligible to be a sponsor if you:
•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past
•defaulted on a court-ordered support order, such as alimony or child support
•receive government financial assistance for reasons other than a disability

It's on the website. You'll be fine.

But the concern is that she [the person being sponsored] would be considered to be receiving social assistance due to the increase to the monthly disability payments. It's not a concern about if it's okay for myself to be receiving disability assistance. But if the increase to the monthly disability payments is intended to be for my wife or not. That presumingly would not be allowed and considered that she is also recieving disabiltiy assistance (or social assistance). So now the question remains; does the official definition of social assistance include disability? This may require the knowledge of someone in my exact situation.