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Obligation to pay for basic necessities for three years

Foolish

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Jan 5, 2015
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Can anyone tell me how much I should be paying my wife that has left me three weeks after coming to canada?
There is a possible breach of Condition 51 but that is a separate issue.
I know that I am financially responsible for three years. How much is a reasonable amount to pay her monthly? I am not allowed to contact her because if the bogus charge she has brought on me.
Should i just use the welfare amount of $650/mo. Is that acceptable?

Thanks
 

rhcohen2014

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being financially responsible for 3 years doesn't mean you are required to send her money. what is meant by being financially responsible for her is in the event you separate during this time and she applies for welfare, you will be responsible to pay it back to the canadian government. if you feel the need to send her money to avoid her applying for welfare, then that is your choice. just know, you are not under any obligation to do so. currently, she is the one in breach of her PR status by knowingly leaving and being under condition 51.
 

Foolish

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Jan 5, 2015
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The condition at the bottom of form IMM1344E says that I "promise" to pay....and that I have a "sponsorship obligation", and If I don't do so then I am in "default". This seems quite clear to me that I MUST pay for her basic requirements if we become separated.
At the moment she has filed a charge of assault on me and has left me, so we are separated. I have not yet notified CIC of her condition 51 breach but am planning to do so after consulting my lawyer. My understanding is that CIC will contact her somehow to get her side of the story and will likely waive the condition 51 breach until the court case is completed. She has also filed separation papers on me in an attempt to initiate a separation agreement and to presumably get some cash flowing in her direction. This seems premature since the assault trial will likely find me not guilty, in which case she will be obliged to come back to me under the conditions of her PR. After consulting my lawyer of course, I would think a good course of action would be to ignore the separation proposal until the assault trial is over but to pay her some reasonable amount of money (welfare amount??) so she doesn't go on social assistance.

Comments/recommendations??
 

rhcohen2014

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Foolish said:
The condition at the bottom of form IMM1344E says that I "promise" to pay....and that I have a "sponsorship obligation", and If I don't do so then I am in "default". This seems quite clear to me that I MUST pay for her basic requirements if we become separated.
At the moment she has filed a charge of assault on me and has left me, so we are separated. I have not yet notified CIC of her condition 51 breach but am planning to do so after consulting my lawyer. My understanding is that CIC will contact her somehow to get her side of the story and will likely waive the condition 51 breach until the court case is completed. She has also filed separation papers on me in an attempt to initiate a separation agreement and to presumably get some cash flowing in her direction. This seems premature since the assault trial will likely find me not guilty, in which case she will be obliged to come back to me under the conditions of her PR. After consulting my lawyer of course, I would think a good course of action would be to ignore the separation proposal until the assault trial is over but to pay her some reasonable amount of money (welfare amount??) so she doesn't go on social assistance.

Comments/recommendations??
right, again, what i think that means is that you agree to take full responsibility for your spouse and not apply for welfare. i don't think this means what you are assuming it means, though i can be wrong. i have yet to hear anything about sponsors being obligated to pay for all expenses when the applicant fails to meet the conditions of their pr. i'm pretty sure what this means is that IF she takes welfare, then you will be found in default and will be required to pay it back to canada. it will be very difficult for her to stay a pr if she can't prove the abuse. CIC is very strict about this, and will require significant proof of this behaviour. if you are not found guilty of the assault, then it will be much harder for her to stay. it is unknown how quickly cic responds to breach of condition 51. it could take months or years. i would suggest looking for similiar cases on canlli:
https://www.canlii.org/en/
 

amirsrima

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rhcohen2014 said:
right, again, what i think that means is that you agree to take full responsibility for your spouse and not apply for welfare. i don't think this means what you are assuming it means, though i can be wrong. i have yet to hear anything about sponsors being obligated to pay for all expenses when the applicant fails to meet the conditions of their pr. i'm pretty sure what this means is that IF she takes welfare, then you will be found in default and will be required to pay it back to canada. it will be very difficult for her to stay a pr if she can't prove the abuse. CIC is very strict about this, and will require significant proof of this behaviour. if you are not found guilty of the assault, then it will be much harder for her to stay. it is unknown how quickly cic responds to breach of condition 51. it could take months or years. i would suggest looking for similiar cases on canlli:
https://www.canlii.org/en/
Just stay relaxed and I don't recommend to pay unless asked to refund.. I don't think she would go for welfare at the moment, rather will focus on retention of PR, which would be itself challenging, if ur attitude being wrong and abusive can be proven
 

Leon

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I don't think you should pay her unless you are ordered to by the courts. She has already shown that she is dishonest with her false charges so what do you do if you pay her but she goes and gets welfare too anyway?

You may not know about it for months at which point you suddenly get a bill to repay them as per your sponsorship agreement and by then, she may have lost her PR and been deported or maybe not but she will definitely have spent the money and you can't get it back from her if she doesn't have it. You'd still be on the hook to pay it back.