Can the sponsor sue the applicant if fraud was committed?

[canadianwoman]

The recent thread about signs that might show you your partner is a fraudster got me thinking. Suppose someone sponsors his or her spouse, but then as soon as the applicant gets here, he or she runs off. Could the sponsor sue the applicant for the cost of the application and other expenses? Has anyone heard of a case like this?

 

[sunsun]

Just report to Police and CIC.....

 

[bagelbagel81]

I would be interested in knowing this too; However my first thoughts are that entering into Spousal Sponsorship contract would deem suing redundant, as the sponsor at that point is taking on accountability for a potential fraudulent marriage.

I guess that's why it pays to not enter into these Sponsorships lightly (financially or emotionally)!

 

[Creampop]

Nope, I don't believe so... you signed the undertaking... this is why they are changing laws now so these things hopefully don't happen.. go back and read the undertaking it's completely legal... and to sue someone you have to prove it was fraud and just because the spouse leaves when they get their PR card doesn't prove fraud all the spouse has to say is the relationship resolved it sucks I know and hopefully with the new laws in effect this problem will get better.

 

[Halfmoon]

Hi Canadianwoman this is just my opinion but as bagebagel81 elluded to it may be redundant however if it ever got to that point it could be worth a shot in divorce court or small claims if there was some type of prior agreement between you and your spouse? However seeing that you signed the undertaking which I believe would take precedence and overide any opportunities of suing. Just my two cents....

 

[sunsun]

I heard someone who her husband ran away when he just arrived in Toronto . She was so upset and reported to Police...Finally her husband got caught by Police... I don't like people like him....This man or other fraudsters make us who are genuine relationship get harder in immigration processing time...

 

[JimM]

I would be interested in knowing this too; However my first thoughts are that entering into Spousal Sponsorship contract would deem suing redundant, as the sponsor at that point is taking on accountability for a potential fraudulent marriage.

I guess that's why it pays to not enter into these Sponsorships lightly (financially or emotionally)!

Might be worth raising the idea with the lawyer when they file for divorce...

 

[Saffy]

But you "signed" the undertaking with the idea that this person is your spouse, not some random fruit that decides to run off after (clearly not acting like a spouse) so how can you still be responsible for this?

What a sad situation if that happens...

 

[SenoritaBella]

Very interesting question - might be worth running it by a lawyer before signing the sponsorshsip undertaking. I'm wondering whether something like a pre-nuptial agreement between both spouses that includes clauses about deception, fraud, cheating, repaying welfare(if they collect it), what each person gets in the event of a divorce, etc would help? Thinking out loud!

 

[truesmile]

But you "signed" the undertaking with the idea that this person is your spouse, not some random fruit that decides to run off after (clearly not acting like a spouse) so how can you still be responsible for this?

What a sad situation if that happens...

"Caveat emptor" - or, "let the buyer beware" (err, in this case 'let the signer beware')

 

[frege]

From the federal undertaking (the Quebec one may be different):

"As the person to be sponsored, I promise to make every reasonable effort to provide for my own basic requirements as well as those of my accompanying family members; I promise to ask the sponsor and co-signer (if applicable) for help if I or my family members are having difficulty supporting themselves or meeting their own basic requirements."

Basically, they have to try to make a living. Failing that, they have to turn to you for help before they go on welfare.

So I would say that if the person doesn't keep this promise and you have to pay the government back for their welfare costs as a result, it seems to me you could sue them.