Second Sponsorship & ODSP Overpayment

[badboyshan]

Hi

I am looking to sponsor my current wife. I sponsored my first (ex) wife back in 2008. She came to Canada in 2009. We divorced in 2015. Have one child, ex wife never went on social assistance. I, unfortunately, fell on hard terms and was diagnosed with severe depression and went on ODSP. I have worked and at times been on ODSP. They did an audit and I have a rather large amount of overpayment. I want to get my current wife to Canada. My question is, although I am paying the overpayment monthly, can I sponsor her while I have the overpayment or I would have to pay the total overpayment before I can sponsor her.
If someone can advise Id really appreciate it. Please note I was never on Social Welfare, but rather ODSP all this time.

Thanks

 

[scylla]

Hi

I am looking to sponsor my current wife. I sponsored my first (ex) wife back in 2008. She came to Canada in 2009. We divorced in 2015. Have one child, ex wife never went on social assistance. I, unfortunately, fell on hard terms and was diagnosed with severe depression and went on ODSP. I have worked and at times been on ODSP. They did an audit and I have a rather large amount of overpayment. I want to get my current wife to Canada. My question is, although I am paying the overpayment monthly, can I sponsor her while I have the overpayment or I would have to pay the total overpayment before I can sponsor her.
If someone can advise Id really appreciate it. Please note I was never on Social Welfare, but rather ODSP all this time.

Thanks

My vote is that this shouldn't be a problem for the reasons below. But I'm not 100% certain.

1) You took the assistance. Not your former spouse.
2) It's ODSP and not social assistance.
3) You're on a repayment plan.

IRCC will want to see that you can support your new spouse without requiring assistance. So you'll want to make sure you are working and provide evidence of this when you apply.

 

[canuck78]

What are you defining as large overpayment and how long will you be repaying? Are we talking 5K or 20K+? Will it possibly be paid off by the time you receive sponsorship? Will you have the funds to support another person in Canada, your child, repay ODSP, any spousal support? That will be the big issue.

 

[badboyshan]

What are you defining as large overpayment and how long will you be repaying? Are we talking 5K or 20K+? Will it possibly be paid off by the time you receive sponsorship? Will you have the funds to support another person in Canada, your child, repay ODSP, any spousal support? That will be the big issue.

I have the funds to sponsor and support the person. The repayment amount is definitely huge, but I have been paying it every month for the past few years now. Actually more. I have a stable job for the past 3 years. I do not have any spousal support. No other commitments, except the usual expenses.

 

[canuck78]

I have the funds to sponsor and support the person. The repayment amount is definitely huge, but I have been paying it every month for the past few years now. Actually more. I have a stable job for the past 3 years. I do not have any spousal support. No other commitments, except the usual expenses.

It's a fairly unusual situation so it's hard to say how it will be treated. Assume you still have child support or you will need to factor in the ability to support your child if you don't.

 

[badboyshan]

Hmm. I guess I'd have to apply and see how it goes then. Was hoping if someone had a similar situation and if they could provide some insight. I do not have child support any more, because as per the divorce agreement, child support would stop if she'd re-marry, which she did. Quite fast actually lol .

 

[canuck78]

Hmm. I guess I'd have to apply and see how it goes then. Was hoping if someone had a similar situation and if they could provide some insight. I do not have child support any more, because as per the divorce agreement, child support would stop if she'd re-marry, which she did. Quite fast actually lol .

Being able to support your child will always be factored in because things can change.

 

[Hzyfa256]

How would like to know whether u applied for spousal sponsorship with overpayment or if u got any legal advice i will be thankful.My spousal application is stuck on AOR1 since December 2020,and i think it's because of overpayment i debt of 6k

 

[badboyshan]

How would like to know whether u applied for spousal sponsorship with overpayment or if u got any legal advice i will be thankful.My spousal application is stuck on AOR1 since December 2020,and i think it's because of overpayment i debt of 6k

Hi
No I haven't applied yet. So i haven't had any response. I will be applying soon though. Your overpayment is for ODSP or Social Welfare?

 

[canuck78]

Hi
No I haven't applied yet. So i haven't had any response. I will be applying soon though. Your overpayment is for ODSP or Social Welfare?

Welfare so it will be viewed differently.

 

[Hzyfa256]

Welfare so it will be viewed differently.

It's social welfare

 

[canuck78]

It's social welfare

Do you mean social assistance? That is the same thing as welfare

 

[Hzyfa256]

Yap I guess it's the same thing.Hope they will not reject our application

 

[canuck78]

There is a decent chance that it could be an issue or become an issue which is why I suggest you work out a repayment plan and start creating a track record of regular repayment.

 

[Hzyfa256]

I have a payment plan already en i had paid some money few months back.I talked to a lawyer who told me that as long as am not on welfare they might give me SA.He also suggested that since i chose option to continue with the sponsorship if am ineligible that usually application are forwarded to visa office so i can use that period to pay all the money en send a receipt to VO and ircc he was just suggesting .I don't know if it works