+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Family Class Sponsorship -- Enforcing the Sponsorship Agreement

fafi

Full Member
Sep 17, 2010
30
0
kingston, ON
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
12-08-2010
Hi all. I landed as a PR in January and the relationship was ended a few weeks later. I know by signing the sponsorship agreement, my ex is supposed to be responsible for what I need for up to three years from landing. I'm having a hard time finding out how to enforce this. I've been to immigration and they've told me I need to either get a lawyer to enforce the law, or go on welfare and the government will then go after my ex for any money. I can't afford a lawyer and legal aid does not cover immigration/sponsorship. I don't know if I qualify for welfare but either way, after moving to another country and being force to start my life all over again (still have to import my car, even), I cannot afford the bills that I have right now and my ex is refusing to help.

Does anyone have any information on how to go about enforcing the sponsorship agreement?
 

CharlieD10

VIP Member
Sep 5, 2010
5,849
185
123
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
From everything I've read on CanLII, lots of sponsored spouses and relatives manage to qualify for social assistance, some of then even fairly soon after landing!

You can't "force" your sponsor to support you and thereby fulfill their end of the sponsorship agreement. And the person at immigration is correct, the government can only enforce a default involving a breach of the undertaking such as your receiving welfare.
 

fafi

Full Member
Sep 17, 2010
30
0
kingston, ON
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
12-08-2010
So pretty much the only option is going for social assistance and letting them go after her?
 

CharlieD10

VIP Member
Sep 5, 2010
5,849
185
123
Northern Ontario
Category........
Visa Office......
KGN
Job Offer........
Pre-Assessed..
App. Filed.......
15-02-2011
File Transfer...
09-05-2011
Med's Done....
17-01-2011, 08-03-2012
Interview........
Waived
Passport Req..
30-3-2012
VISA ISSUED...
13-04-2012
LANDED..........
06-06-2012
No, it isn't the only option, there are other ways to help yourself, since you find now that you cannot expect to rely on your sponsor.

If you've decided that what you want regardless of the way your relationship turned out is to remain in Canada, then look for ways to help yourself. I mean, I don't know everything that you can find in the way of assistance, but look around for networks/organizations that help recent immigrants, for example. Communities of ex-pats are usually quick to help one of their own, reach out.

Also, keep in mind that you need to at least give some thought to your worst-case scenario: can you return home, even temporarily, and get re-situated? Your PR status is valid so long as you spend 730 days in every rolling 5 year period in Canada.
 

Baloo

VIP Member
Nov 30, 2009
4,879
205
Job Offer........
Pre-Assessed..
fafi said:
So pretty much the only option is going for social assistance and letting them go after her?
Living on social assistance in not easy, you would be better off looking for a job.
 

fernendez

Hero Member
Sep 26, 2010
542
14
Fafi, Canada does not want people like you. People like you are the ones creating problems for your your sponsors who genuinely brought you to Canada. You guys turn around to bite the fingers that fed you. Why will a real relationship brake down just a few weeks after you arrive in Canada? You are nothing but an economic immigrant from an area I suspect. In fact the need to start issuing deportation notice for spouses in your shoes. Must you compulsorily stay in Canada? You have an option of going back to where you came from. Government of Canada should not be given any support to failed spouses.
 

Stumpedmom

Hero Member
Sep 16, 2010
541
14
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
22/03/2011 Receivd CPC-M
AOR Received.
16/06/2011
File Transfer...
06/05/2011 Received in Buffalo, 06/2011 to Los Angeles
Med's Done....
12/10/2010
Interview........
waived...obviously cuz we got the PPR
Passport Req..
16/8/2011
VISA ISSUED...
24/8/2011 in our hands 8/29/2011
LANDED..........
3/9/2011
fernendez said:
Fafi, Canada does not want people like you. People like you are the ones creating problems for your your sponsors who genuinely brought you to Canada. You guys turn around to bite the fingers that fed you. Why will a real relationship brake down just a few weeks after you arrive in Canada? You are nothing but an economic immigrant from an area I suspect. In fact the need to start issuing deportation notice for spouses in your shoes. Must you compulsorily stay in Canada? You have an option of going back to where you came from. Government of Canada should not be given any support to failed spouses.
Ok I agree tha MOCs frustrate us all....we do not know whether the OP is the one who broke the relationship off or if it was the sponsor...I think that unless you know the whole story you should not judge....did it break down because the sponsor abuse the OP?? Did it just break down like 50% of marriages do in canada??? You have been very quick to judge the OP....I am not a supporter of people who use the spousal sponsorship to get to Canada, but...before you know the whole story, you need not judge and jump to conclusions....

As for the original problem of the OP...I agree with CharlieD...there are different ways of supporting yourself, whether you look for a job, look for support networks, or even going home to get yourself re established financially and then come back to maintain your PR Status...and in my honest opinion, you have been here for only a year, so you likely have more ties in your home country than you do here...so would you not be better off overall going back to be with your family for support than be here alone??? Unless you are from a country where, divorce is not acceptable and you will be shunned or worse for a failed relationship...there are many different factors to look at in your situation, but IMHO Fernendez had jumped to an unknown conclusion without having all the facts to prove what they are saying....
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
Stumpedmom said:
Ok I agree tha MOCs frustrate us all....we do not know whether the OP is the one who broke the relationship off or if it was the sponsor...I think that unless you know the whole story you should not judge....did it break down because the sponsor abuse the OP?? Did it just break down like 50% of marriages do in canada??? You have been very quick to judge the OP....I am not a supporter of people who use the spousal sponsorship to get to Canada, but...before you know the whole story, you need not judge and jump to conclusions....

As for the original problem of the OP...I agree with CharlieD...there are different ways of supporting yourself, whether you look for a job, look for support networks, or even going home to get yourself re established financially and then come back to maintain your PR Status...and in my honest opinion, you have been here for only a year, so you likely have more ties in your home country than you do here...so would you not be better off overall going back to be with your family for support than be here alone??? Unless you are from a country where, divorce is not acceptable and you will be shunned or worse for a failed relationship...there are many different factors to look at in your situation, but IMHO Fernendez had jumped to an unknown conclusion without having all the facts to prove what they are saying....

I agree let's nopt be quick to judge and lets try see a way we can help the OP get thru their situation
 

fernendez

Hero Member
Sep 26, 2010
542
14
Stumpedmom, some of your points might be right. See things from my point of view. Why a breakdown within weeks not even months. Why would you believe the sponsor abuse the spouse just like that within weeks? What kind of abuse are you looking at? Is there not an option of going back to where the spouse is coming from? There is more to it if we can all open our eyes and ask probing questions.
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
fernendez said:
Stumpedmom, some of your points might be right. See things from my point of view. Why a breakdown within weeks not even months. Why would you believe the sponsor abuse the spouse just like that within weeks? What kind of abuse are you looking at? Is there not an option of going back to where the spouse is coming from? There is more to it if we can all open our eyes and ask probing questions.
Again why should the person have to go back they came here with intention of starting a life, lets try and educate the OP on ways they can help themself while making use of their opportunity we all came to Canada for a better life so lets help them with helpful suggestions.
 

Stumpedmom

Hero Member
Sep 16, 2010
541
14
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
22/03/2011 Receivd CPC-M
AOR Received.
16/06/2011
File Transfer...
06/05/2011 Received in Buffalo, 06/2011 to Los Angeles
Med's Done....
12/10/2010
Interview........
waived...obviously cuz we got the PPR
Passport Req..
16/8/2011
VISA ISSUED...
24/8/2011 in our hands 8/29/2011
LANDED..........
3/9/2011
fernendez said:
Stumpedmom, some of your points might be right. See things from my point of view. Why a breakdown within weeks not even months. Why would you believe the sponsor abuse the spouse just like that within weeks? What kind of abuse are you looking at? Is there not an option of going back to where the spouse is coming from? There is more to it if we can all open our eyes and ask probing questions.
If you read the last part of my post, I do state that going back to their home country is an option. There are many countries, that if you get divorced you will be shunned, or even threatened if they return home because it is NOT accepted to leave a marriage for any reason.

The abuse that I am talking is emotional, physical, financial or mental abuse...and YES it is possible that the sponsor did this within weeks of arrival, especially the emotional, mental or financial abuse...and I have been through all 3 types and they are far worse that the physical abuse....

I completely agree that we need more facts, such as where OP is from, what/who caused the breakdown, and what options they have looked into...
 

Kedeisha

Champion Member
Apr 15, 2011
2,769
77
Job Offer........
Pre-Assessed..
Also this person is from USA so really lets drop the they cant cry foul 3 weeks after because they can and they did USA and CAN have the same standard of living so there goes ur theory since u wanna point finger.

As for the OP if you do need help while looking for jobs welfare is there but as someone mentioned its not a lot to live on especially if u are single.
 

Stumpedmom

Hero Member
Sep 16, 2010
541
14
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
22/03/2011 Receivd CPC-M
AOR Received.
16/06/2011
File Transfer...
06/05/2011 Received in Buffalo, 06/2011 to Los Angeles
Med's Done....
12/10/2010
Interview........
waived...obviously cuz we got the PPR
Passport Req..
16/8/2011
VISA ISSUED...
24/8/2011 in our hands 8/29/2011
LANDED..........
3/9/2011
Kedeisha said:
Also this person is from USA so really lets drop the they cant cry foul 3 weeks after because they can and they did USA and CAN have the same standard of living so there goes ur theory since u wanna point finger.

As for the OP if you do need help while looking for jobs welfare is there but as someone mentioned its not a lot to live on especially if u are single.
Agree Keds....there are many reasons the OPs relationship broke down that are not all their fault...the OP may have to go on welfare to support themselves is possibly the only option that may be available to establish themselves....they can of course help you find an apartment and get yourself established...
 

livin

Star Member
Oct 10, 2011
101
7
Category........
Job Offer........
Pre-Assessed..
fernendez said:
Fafi, Canada does not want people like you. People like you are the ones creating problems for your your sponsors who genuinely brought you to Canada. You guys turn around to bite the fingers that fed you. Why will a real relationship brake down just a few weeks after you arrive in Canada? You are nothing but an economic immigrant from an area I suspect. In fact the need to start issuing deportation notice for spouses in your shoes. Must you compulsorily stay in Canada? You have an option of going back to where you came from. Government of Canada should not be given any support to failed spouses.
I totally agree with you Fernandez...if it's only been a few weeks, then why don't you just go back to where you came from. This story sounds fishy. Do you know how hard it is to sponsor someone to Canada? All the legitamate people waiting in line to have their files looked at, while a fraudster like you comes and starts talking about getting support and considering welfare. I think there should be a law to get people like you deported!! Totally disgusting! Why don't you try and find a job to see how hard it is to survive!