+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

In-laws 20yr obligation and Divorce

Ranvir Moore

Full Member
Feb 9, 2018
38
3
Hi all,
Please advise on the following..
Sponsored mother-in-law. She became a citizen and moved out of Canada. Filing for a divorce now. Mother-in-law returns and does not have a medical insurance as she has been out of the country for several years.

I am concerned about my signed sponsorship obligation as it hasn’t been 20 years since her PR. What happens if she goes to see a doctor or end up at the hospital for a procedure?

I know this question might not be exactly related to the family immigration,But any tips or experience on the matter would be highly appreciated. Still learning and getting acquainted with the divorce proceedings and the process.
 

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
Hi all,
Please advise on the following..
Sponsored mother-in-law. She became a citizen and moved out of Canada. Filing for a divorce now. Mother-in-law returns and does not have a medical insurance as she has been out of the country for several years.

I am concerned about my signed sponsorship obligation as it hasn’t been 20 years since her PR. What happens if she goes to see a doctor or end up at the hospital for a procedure?

I know this question might not be exactly related to the family immigration,But any tips or experience on the matter would be highly appreciated. Still learning and getting acquainted with the divorce proceedings and the process.
You continue to be responsible for her for the 20 year period. The fact you are divorcing doesn't chance this. The obligation you signed as a co-sponsor remains in place after divorce.
 

MJSPARV

Hero Member
Sep 17, 2020
406
251
Hi all,
Please advise on the following..
Sponsored mother-in-law. She became a citizen and moved out of Canada. Filing for a divorce now. Mother-in-law returns and does not have a medical insurance as she has been out of the country for several years.

I am concerned about my signed sponsorship obligation as it hasn’t been 20 years since her PR. What happens if she goes to see a doctor or end up at the hospital for a procedure?
If she's a citizen shouldn't she be eligible for provincial health insurance upon her return/after a three month waiting period?
 

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
Would I have the secondary responsibility to pay for the Med bills? As my wife was the main applicant?
I don't see medical bills as being the main issue. The main issue is if they take a form of social assistance / welfare. In that case, yes, you will be responsible for paying this money back along with your wife / ex-wife. Divorce will not remove this obligation.
 

YVR123

VIP Member
Jul 27, 2017
7,415
2,888
Agree with others.
You are still within the under taking period of 20 years. There is no "primary" or "secondary" co-signer. A divoice or seperation will not change the obilgation.

You co-signer to sponsor, so you will be responsible for half of the amount if your MIL claim any social assistance or walfare.
Hospital bill may not be part of that. And she will soon be cover (if not yet) by provincal healthcare if she continue to stay in the province.
 

Ranvir Moore

Full Member
Feb 9, 2018
38
3
Thanks all for your feedback. Truly appreciate it. One less thing for me to worry about.. as my ex would be equally responsible.
 

armoured

VIP Member
Feb 1, 2015
17,293
8,892
Thanks all for your feedback. Truly appreciate it. One less thing for me to worry about.. as my ex would be equally responsible.
If you look at the document you signed, this is all tremendously clear and written in plain English (at least I think so).

"I understand the undertaking remains in effect no matter what may change in my life. For example, if I am divorced ... I will still be responsible to the sponsored person and his or her family members...".

"I understand that I will be in default if a government makes a payment that I have promised to pay in this undertaking. ... all social assistance paid to the sponsored person ... becomes a debt owed by me to [the Crown/the government of Canada/the relevant province.]"

"As a result, the Minister and the province concerned have a right to take enforcement action against me (as sponsor or co-signer) alone, or against both of us."

You should not feel that there is one less thing to worry about; you and your spouse are responsible together or separately, for the full amounts, subject only to the language above (meaning amounts paid). This means that if the government decides to go after you - instead of your spouse, or at same time as your spouse, whatever - they can. It's your problem (despite the fact that you've divorced). You can sue your spouse later if you want, that's your problem (and I have no idea whether or not your ex-spouse would be required to 'share' the amounts paid - again, that's your problem, and costs and difficulty of getting the funds from your former spouse are ... yep, your problem).

The timeframe is also clearly disclosed - so should be no surprise.

[Background: full credit to government for using plain language in this undertaking - but it's clearly a restatement of the common law concept of "joint and several", meaning you're both on the hook, and the other side (government in this case) can go after whomever it chooses to recover what it thinks is owing, and it's up to those on the pointed end of the pétard to "sort it out" amongst themselves.]

On the bright side (from your perspective) - it does seem that the sponsor/co-signers are not expected to cover "public health" expenditures. I don't know how that applies in specific case of citizens who may not yet be covered by provincial health plans, but at least somewhat limited. (Limited at least in terms of time and most likely scope (dollars) as there are mostly no pre-existing condition type issues under public health care - so practically you probably won't be on the hook for the proverbial six million dollar [wo-]man.)

In other words, I think your liability will mostly be limited to what's listed in the document you signed: food, clothing, shelter, fuel, utilities, household supplies [etc] ... and other goods and services, including dental care, eye care, and other health care needs not provided by public health care."

And for the most part, these won't come up unless your MiL somehow gets government to pay for them.

But to reiterate: there's really no mystery in the spnsorship document you signed, it's there in plain English.
 
  • Like
Reactions: YVR123