Divorce a sponsored wife

[pcarot]

Hi all,

My situation is the following. I am a Canadian who got married in China in 2013 and then I sponsored my wife to move to Canada later that year (Sept. 2013 to be more precise). Due to multiple reasons, our marriage seems to be falling apart. We are still try to work it out as of now, however I would like to know my options if it comes to worst.

I know that I'm fully responsible to support her for a period of three years since her arrival to Canada which means it will end in Sept. 2016. I would like to know what would be my dues if I divorce her now vs if I divorce her after the three years span. I would imagine that we will split the property (a house that we purchased). However, would I pay for spouse support? If so, how is it calculated?

Thank you all in advance for helping!

 

[gulshan]

Hi dear..

Same situation is happening with my brother who Canadian citizen , and her wife came to Canada on sponsorship basis on 1 May 2014.

I want to know where it is written for 3 years to support her any how? can you share me reference or link please?

In my opinion, property will be shared after confirmation of divorce through court what I got information from websites related family issues..if you know please share with me....regards

 

[MilesAway]

Directly from the guide:

Length of Undertaking

Your obligations as a sponsor begin when your family members enter Canada to remain as permanent residents. The table below will help you determine how long your undertaking will be valid.

Spouse or your common-law or conjugal partner

Length of undertaking is three years after that person becomes a permanent resident.


OP: If you get divorced now or later, it does not change the 3 year undertaking. If your spouse goes on welfare before the 3 year period is up, you will be responsible for paying that back to the government.
You should contact a lawyer who is versed in family law to get more information about spouse support and how assets are split.

 

[Leon]

pcarot: Immigration does not specify how much you should support your wife except enough to take care of her needs and keep her off social assistance. First, you need to talk to a divorce lawyer to figure out how assets are split and if or how much you should support her, if at all. For example if she's working, it may not be necessary. The sponsorship agreement you have with immigration basically means that if your wife goes on welfare within the 3 years after landing as a PR, they will come after you to pay it back. In the meantime, if you are supporting your wife, never give her cash because you need to have proof of how much you are supporting her. If it turns ugly and she decides to say that cash payments didn't happen, you would have no proof.

Gulshan: Property split up and alimony payments will be decided by the divorce court. The sponsorship agreement your brother has with immigration from sponsoring his wife says this:

"I undertake to provide for the basic requirements of the sponsored person and his or her family members who accompany him or her to Canada, if they are not self-supporting. I promise to provide food, clothing, shelter, fuel, utilities, household supplies, personal requirements, and other goods and services, including dental care, eye care, and other health needs not provided by public health care. I understand that the money, goods and services provided by me must be sufficient for the sponsored people to live in Canada.
..
The length of the undertaking will vary according to the relationship of the sponsored person and his or her family members to me (as sponsor) and their age and it ends:
A. if the sponsored person is my spouse, common-law partner, or conjugal partner, on the last day of the period of 3 years following the day on which they become a permanent resident;"

You can find this agreement here: http://www.cic.gc.ca/english/information/applications/fc.asp in the form Application to Sponsor, Sponsorship Agreement and Undertaking [IMM 1344] (PDF, 539.27 KB) on the last page.

In your brothers case, there is another issue which is whether his wife has condition 51 on her COPR. This condition was brought in to deter marriage fraud and applies to people who applied for sponsorship after a certain date in 2012 in case they were not yet married for 2 years at the time of application and did not have children. If she has this condition, it would say so on her COPR. The condition 51 requires that the sponsored spouse cohabits with the sponsor for at least 2 years after becoming a PR. If she landed in May 2014 and they are getting divorced now, she will not be able to fulfill this requirement. He could therefore contact immigration and inform them of the divorce and this could cause her to lose her PR.