How Long Are You Responsible for Someone You Sponsor in Canada?

Sponsoring a family member to become a permanent resident in Canada is a significant commitment that carries both emotional and financial responsibilities. The Canadian family sponsorship program allows Canadian citizens and permanent residents to bring their loved ones to Canada, but with this privilege comes a legal obligation that must not be taken lightly.

Dynamics and Length of the Undertaking Period

When you sponsor a family member, spouse, common-law partner, or dependent child, you enter into a sponsorship agreement with the Canadian government. This agreement includes an undertaking—a legal promise that you will provide financial support for the basic needs of the sponsored person(s) for a specific period.

The length of the undertaking period varies depending on the relationship between the sponsor and the sponsored individual:

• Spouse, Common-Law Partner, or Conjugal Partner: The undertaking lasts for three years from the day the sponsored person becomes a permanent resident.

• Dependent Child Under 22 Years of Age: The undertaking lasts for ten years or until the child turns 25, whichever comes first.

• Dependent Child Over 22 Years of Age: The undertaking lasts for three years from the day they become a permanent resident.

These timeframes are legally binding and are designed to ensure that the sponsored person does not become a financial burden on the Canadian social assistance system. However, understanding these obligations is more complex than it appears, particularly when life circumstances change.

Commitment Duration of the Undertaking Period

The commitment you make as a sponsor is not just a casual promise—it's a legally binding contract that remains in effect for the entire duration of the undertaking period. This commitment persists even if:

• Your relationship with the sponsored person changes (e.g., divorce, separation, or relationship breakdown).

• The sponsored person moves to another province or country.

• Your financial situation deteriorates (e.g., job loss or significant debt).

• The person you sponsor becomes a Canadian citizen.

This unwavering commitment can have far-reaching implications, especially in cases where the relationship between the sponsor and the sponsored person deteriorates. It’s crucial to fully understand the gravity of this commitment before entering into a sponsorship agreement.

Financial Obligations of a Sponsor

As a sponsor, you are legally responsible for providing financial support to the sponsored individual, ensuring they do not need to rely on public social assistance. The financial obligations include covering their basic needs, such as:

• Food, clothing, and shelter: These are the essentials for day-to-day living.

• Health care needs: While public health services cover many medical expenses, you are responsible for additional costs like dental care, eye care, and other non-covered health services.

If the sponsored individual receives social assistance during the undertaking period, the government can demand that you repay those amounts. Furthermore, until you repay these amounts, you will not be eligible to sponsor anyone else. This can be a significant burden if you encounter unexpected financial difficulties, making it essential to assess your financial stability before entering a sponsorship agreement.

Minimum Necessary Income

In specific family sponsorship applications, one of the key elements of sponsorship is demonstrating that you have the financial means to support the sponsored individual(s). This is where the concept of Minimum Necessary Income (MNI) comes into play. MNI is a threshold income level that sponsors must meet or exceed to be eligible to sponsor family members. The specific MNI depends on the size of the sponsor's family unit, including all current and previous sponsorship undertakings that are still in effect.

Meeting the MNI is not just a one-time requirement; you must maintain this income level throughout the entire sponsorship period. If your income falls below the MNI at any point, it could jeopardize your ability to meet your sponsorship obligations, potentially leading to legal and financial consequences.

Exceptions

There are certain exceptions and special cases in the sponsorship process:

• Sponsoring a Spouse or Partner: When sponsoring a spouse, common-law partner, or conjugal partner, the income requirement is less stringent, and you may not need to meet the MNI. However, you are still responsible for ensuring that the sponsored person does not require social assistance.

• Sponsoring Dependent Children: The rules for sponsoring dependent children also have specific nuances, particularly regarding the duration of financial responsibility based on the child's age at the time they become a permanent resident.

While these exceptions might seem like a relief, they can add layers of complexity to the sponsorship process, making it even more crucial to understand all aspects thoroughly.

Consequences of Sponsorship Breakdown

The breakdown of a sponsorship can occur for various reasons, such as relationship issues, financial difficulties, or disagreements. Regardless of the cause, the consequences of a sponsorship breakdown can be severe:

• Financial Penalties: If the sponsored individual applies for and receives social assistance, you, as the sponsor, are legally obligated to repay the government. This repayment can be substantial, depending on the length and amount of assistance received.

• Ineligibility for Future Sponsorship: Until you have repaid any amounts owed to the government, you will be ineligible to sponsor anyone else. This can be a significant barrier if you wish to sponsor other family members in the future.

Given these potential consequences, it’s essential to carefully consider your ability to fulfill your sponsorship obligations over the entire undertaking period.

Sponsorship Agreement and Undertaking

The sponsorship agreement and undertaking form the foundation of your legal responsibilities as a sponsor. This legal agreement is a binding contract between you, the Canadian government, and the sponsored individual. It clearly outlines your financial responsibilities, the duration of the undertaking, and the consequences of failing to meet these obligations.

Understanding the terms of this agreement is crucial. It’s not just about signing a document; it’s about fully comprehending the long-term commitment you are making. This is where the expertise of an immigration lawyer can be invaluable. They can help you navigate the complexities of the agreement, ensuring you understand your responsibilities and the potential implications of your commitment.

How AKM Law Can Help

Navigating the complexities of the Canadian family sponsorship program can be challenging, especially when it comes to understanding the full extent of your responsibilities as a sponsor. The legal and financial obligations you undertake are significant, and any missteps can have long-lasting consequences.

Sponsorship is a significant legal and financial commitment. With the complexities involved, having the support of a knowledgeable immigration lawyer can make all the difference in successfully navigating the process. Contact AKM Law today to discuss your sponsorship needs and ensure you are fully prepared for the responsibilities ahead.

Legal Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice, consult the relevant legislation or regulations, or contact our immigration lawyers directly.