domestic violence question

[Alexis1971]

I'm finding a ton of information online about sponsored immigrants experiencing domestic violence but nothing about what to do when the person you sponsor is the one being violent towards you the sponsor, which is the situation I'm in. I can't afford to pay for his welfare he took after I separated from him because he was beating me and threatening to kill me. I went to the police and he went to jail, plead guilty in court so everything is documented. It seems so unfair to me that I still have to pay back all his welfare, since it was his decision to beat me and I had no control over it. It's a huge amount of money that I really can't afford and I had no choice but to separate to survive. He would never have needed welfare if he could have lived with me but he chose to make that impossible. Does anyone know if they ever make exceptions in situations like this? Or where to find a lawyer to help? Thank you to anyone who has any advice!

Have you called or reported this to CBSA or IRCC?

 

[scylla]

How do we know she will need to repay, its not her fault this man is abusing her? If this is the government's thinking then abused women would fear leaving their abusive partner due to repayment (nonsense).

When he went to jail someone should have alerted IRCC or CBSA as a newly PR committing a crime against his spouse.

Because the sponsorship agreement that a sponsor signs makes them legally responsible for paying back any welfare the applicant (person they sponsored) takes within the first three years of landing and becoming a PR. Based on the OP's first post, it appears she is already aware that he took welfare after they split up and it's possible the government may have even already come after her for repayments.

Unfortunately the legal obligation to repay any welfare taken remains in place regardless of the circumstances.

IMO, the OPs only financial recourse would be to purse her ex through the court system and try to get him to give her money to cover the money she owes to the government. It's possible that declaring bankruptcy could also discharge this obligation. But I don't know if that's the case or not, and there are also some pretty big other consequences to declaring bankruptcy that would need to be considered.

It's a really crappy situation but unfortunately the abuse does not get rid of the obligation to pay back the welfare. When someone signs the paperwork to sponsor their partner, they are undertaking a legally binding agreement regarding any welfare taken by their partner for the first three years. That's the reality of the situation.

 

[Alexis1971]

Because the sponsorship agreement that a sponsor signs makes them legally responsible for paying back any welfare the applicant (person they sponsored) takes within the first three years of landing and becoming a PR. Based on the OP's first post, it appears she is already aware that he took welfare after they split up and it's possible the government may have even already come after her for repayments.

Unfortunately the legal obligation to repay any welfare taken remains in place regardless of the circumstances.

IMO, the OPs only financial recourse would be to purse her ex through the court system and try to get him to give her money to cover the money she owes to the government. It's possible that declaring bankruptcy could also discharge this obligation. But I don't know if that's the case or not, and there are also some pretty big other consequences to declaring bankruptcy that would need to be considered.

It's a really crappy situation but unfortunately the abuse does not get rid of the obligation to pay back the welfare. When someone signs the paperwork to sponsor their partner, they are undertaking a legally binding agreement regarding any welfare taken by their partner for the first three years. That's the reality of the situation.

I know what the rules are but I'm certain there is a workaround. she needs to talk to someone who knows...don't advise on bankruptcy she will have to remember this man for the next 10 years if she goes the bankruptcy route.

 

[scylla]

I know what the rules are but I'm certain there is a workaround. she needs to talk to someone who knows...don't advise on bankruptcy she will have to remember this man for the next 10 years if she goes the bankruptcy route.

Yep, agree with you on the bankruptcy. This will create a whole other host of problems. (Plus I don't even know if it will discharge the welfare obligation.)

I've (sadly?) been on this forum for over a decade and this is one rule where I've never seen someone successfully find a workaround. It's a legally binding agreement that is a condition of sponsorship approval and I've never seen any flexibility on it. But OP should certainly confirm that with a lawyer. The only thing I've seen someone successufully do (once that I can remember?) was pursue their ex through family court for the money. They still had to pay the federal government. But they managed to get at least some of that money back from their ex partner.

Of course if the government hasn't come after the OP for the money yet, then she should do nothing. Sometimes that happens and although the welfare has been taken by the partner the government doesn't catch up with you. The one scenario where the government always catches up to you is if you try to sponsor a new partner (or anyone else, like parents). In these scenarios they run a check during the sponsorship review and won't approve the sponsor until all welfare from the first sponsorship has been repaid.

 

[asdfghjk]

What a scum, sorry for my language, that's making me so angry, these kind of people should not be allowed to be in Canada.

I hope someone here can give you some (legal) tips/advices.

I really hope he will face difficulties at least during the citizenship process.

yes I hope so too

 

[asdfghjk]

I am very sorry for your situation. That is terrible and you did the right thing by getting out of the relationship regardless of the financial cost.

I am personally not aware of any way to get out of the legal responsibility of paying back the welfare he took. Regardless of the circumstances, you continue to be responsible for the 3 years following that person's landing.

This would probably be a matter best discussed with a very good lawyer, however that of course costs money. I don't believe there is any way to cancel or get out of the legal agreement. It might be possible to pursue the person you sponsored in court and find a way to make him pay you all or part of the money you owe. But that again would require a lawyer and I don't know if it's even doable.

Good luck. I truly wish you the best.

Thank you for your reply I'm trying to find a lawyer

 

[asdfghjk]

There is absolutely nothing you can do or any lawyer can help you with getting out of your sponsorship 3 year obligation. You can just choose not to repay the gov't, they will most likely not go after you and if they do, just declare bankruptcy. Life will go on.

Yes I've thought about bankruptcy but wasn't sure if there was any other option

 

[scylla]

Yes I've thought about bankruptcy but wasn't sure if there was any other option

Bankruptcy wrecks a lot of things in your life for many years and can impact your ability to get employment, find a place to rent, get credit, etc. I also do not know if declaring bankruptcy will discharge the welfare obligation. Consult with a lawyer before you seriously consider bankruptcy.

Good luck. Tough situation.

 

[asdfghjk]

Do you know what the criminal charge your ex was convicted of? There are many types of related charges that would mean your spouse is inadmissible, i.e. subject to removal and deportation from Canada. (And there are some to which he could have plead guilty that would not mean deportation - and note, it's possible he plead guilty to a lesser charge that would not mean a threat to immigration status).

While this is subject to various appeals and delaying tactics, the authorities do take it much more seriously when the charges involved violence, i.e. will make more effort to ensure someone dangerous is made to leave the country.

Plus: I do not know details but would hope that someone subject to a removal order at some point loses access to welfare and social assistance. (Unfortuantely almost certain that this doesn't happen automatically or seamlessly - different levels of government involved)

All this to say: get in touch with organisations that help victims of domestic violence. There are a number of areas where some legal assistance advocacy might be effective - liaising with prosecutors and knowing which types of charges; ensuring that info is seen and acted on at IRCC level (for potential deportation); etc.

As for the guarantee - it will likley be some time (years) before government acts on the financial guarantee, and there are potential ways to limit the amounts (as above). When the time comes, deal with it then. You may also want to contact MP's office, now and on ongoing basis - perhaps something can be done down the road.

But first priority should be your safety.

thank you for your reply! the charge was assault. I was told by police and the prosecutor that they have no way to contact anyone in immigration, but that if they happen to check his criminal record they could decide to deport him. thank you for the advice

 

[asdfghjk]

If he started to beat you let say after a week of his landing, and you never lived with him before, meaning the sponsorship was outland, the guy used you to get status, so you could report him for marriage of convenience AND misrepresentation. Look into his papers if you have access and who knows you might find other problems regarding this. If this was his intention, you have a chance to find something else there. His status would be retrieved and you wouldn't need to pay welfare.

that's a good point, it was a few months though so I'm not sure, I'll ask a lawyer when I find one

 

[MJSPARV]

thank you for your reply! the charge was assault. I was told by police and the prosecutor that they have no way to contact anyone in immigration, but that if they happen to check his criminal record they could decide to deport him. thank you for the advice

The police and prosecutor might not have been able to contact IRCC or CBSA but you might be able to, or your lawyer might. Not sure though. If you haven't already I'd suggest reaching out to domestic violence groups/organizations for help in finding a lawyer who helps for low or no cost. Even if that lawyer doesn't know what if anything can be done about the welfare/sponsorship issue he or she may very well know who to ask.

I'm so sorry you're facing this and am really glad you got out safely

 

[Phalos]

Yes I've thought about bankruptcy but wasn't sure if there was any other option

I'm not sure bankruptcy can discharge you from this debt, I just mentioned it off the top of my head. You need to speak with a bankruptcy specialist.

 

[armoured]

thank you for your reply! the charge was assault. I was told by police and the prosecutor that they have no way to contact anyone in immigration, but that if they happen to check his criminal record they could decide to deport him. thank you for the advice

This is again an area where a lawyer - or advice from organisations that help victims of domestic abuse, or immigrants - could help clarify about the assault charge.

I believe almost all charges that are referred to as 'assault' are ones that would make the individual inadmissible and potentially subject to deportation. But I'm sure there are legal circumstances that could be different (and might require knowledge of specifics, like whether the crime actually plead to was reduced from assault).

(Note that this does not mean that deportation/removal etc is anywhere near automatic - it might take a long time or simply not happen.)

I do not know if there is a specific mechanism to report PRs who have been convicted of such crimes. There is a mechanism and address to report 'immigration fraud' - and at least reports there would be likely to be read.

https://www.canada.ca/en/immigration-refugees-citizenship/services/protect-fraud/report-fraud.html

Note, if you pursue this route, I would put great emphasis on the conviction for a violent crime - and my view is no need to exaggerate or push the facts of your case to fit the 'immigration fraud' angle. What you should really be hoping is that reporting this way gets it across the desk of whatever part of IRCC/CBSA deals with violent criminals.

You can pursue other angles too - ask your MP's office, for example.