Spousal Sponsorship - Sponsorship Undertakings
As a cross-border immigration lawyer based in Windsor, Ontario, Christina Loebach helps couples who live on opposite sides of the Windsor-Detroit border reunite and live together. This blog post considers what, exactly, the sponsor is agreeing to when they sign the Sponsorship Undertaking for their spouse, common-law, or conjugal partner.
The Spousal Sponsorship Undertaking
The spousal sponsorship undertaking is a binding contract between sponsors (and co-sponsors, when applicable) and the Canadian government. Sponsors promise to provide the sponsored person with basic requirements from the day they enter Canada as a permanent resident until the end of the undertaking. For spousal sponsorship applications, the length of the undertaking is 3 years from the date the sponsored person becomes a permanent resident.
By signing the undertaking, the sponsor becomes legally responsible for providing food, shelter, clothing, and everyday living needs for the person they are sponsoring. Anyone who comes to Canada through the family sponsorship class has no access to government provided support such as social assistance or disability benefits. If the person you are sponsoring receives money from the provincial or federal government, it’s the sponsor’s responsibility to pay the government back.
By virtue of holding permanent resident status, the sponsored person will be entitled to apply for provincial healthcare, such as OHIP in Ontario. However, the sponsor, or their private insurer, will be responsible for healthcare services that aren’t provided by the province, such as dental and prescriptions.
If Circumstances Change
What if something unexpected happens - like you lose your job? Or the relationship breaks down and you decide to get divorced? Once you sign an undertaking, there are no circumstances under which you can end your obligation early. You remain legally responsible for supporting the sponsored person no matter what. The only time an undertaking can be cancelled is if you withdraw your application to IRCC before they make a final decision on the application.
In Canada v. Mavi, a 2011 Supreme Court of Canada decision, the court reaffirmed the strict duty that applies to sponsors in family-class sponsorship applications. To quote the court directly, “the risk of a rogue relative properly lies on the sponsor, not the taxpayer.” This case involved numerous individuals who incurred debts as a result of the undertaking. For example, once of the plaintiffs was an individual whose sponsored spouse left them and remarried a few weeks later. The sponsored person later received social assistance, and the spurned sponsor owed the government over $22,000. These situations are unfortunate, but ultimately what the sponsor agrees to when they sign on the dotted line.
Especially in the Windsor-Detroit area, it’s common for Canadians and Americans to fall in love and get married. Christina Loebach is licensed to practice law in both Canada and the United States, and loves working with clients who are considering sponsorship on both sides of the border. If you would like Christina to provide legal advice tailored to your situation, please schedule a consultation.