http://owjn.org/owjn_2009/component/content/article/57-immigration-law/335-sponsorship-breakdown
read this link....i guess he cant withdraw the undertaking like that ..as you have children in common....also ,at what status are u living in canada...did u get ur Perminent resident card
Sponsorship Breakdown
Updated October 2012
Note: As of October 25, 2012, there are new rules for spousal sponsorship that may affect what happens to you if your sponsor cannot support you, or if you separate from your sponsor. This article will explain these changes.
What is Sponsorship?
What is a Sponsorship Agreement or Undertaking?
How long is the undertaking?
What is Conditional Permanent Residence?
What is Sponsorship Breakdown?
What are the different ways a sponsorship can break down?
What happens if my sponsorship breaks down and How can I get financial support?
You are a Permanent Resident
You are a Conditional Permanent Resident
You do not have Permanent Resident status
You are the Sponsor
Where can I get more help?
Glossary of Terms
What is Sponsorship?
According to Canada’s immigration law, a family member who is a Canadian citizen or a permanent resident can sponsor another family member, such as a spouse, common-law partner or conjugal partner, or dependent children, to become a permanent resident. This is called Family Class Sponsorship. Sponsorship means that you agree to take care of your family member and help provide for their needs if the government allows them to come to Canada as a permanent resident.
Often times, family situations change and a sponsorship relationship may break down. This article provides general information and guidance if you are separating from a sponsor or want to leave an abusive sponsor. The article focuses on spousal/common-law/conjugal sponsorship breakdown. For more information on how to sponsor a partner or family member, read Sponsorship Basics.
Immigrant women often face challenges when they come to Canada because of language barriers, cultural differences and discrimination. Sponsorship may break down for many reasons, including an abusive sponsor. This adds more hardships for a woman to deal with. She can face financial problems and other challenges which have an impact on her and her children. She can also face problems with respect to her immigration status.
What is a Sponsorship Agreement and a Sponsorship Undertaking?
Sponsorship Agreement: The sponsor and the sponsored spouse/partner have to sign an agreement. This is called a Sponsorship Agreement. In this agreement, the sponsor makes a commitment to provide basic requirements for the sponsored spouse or partner. Basic requirements include 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. By signing this agreement, the sponsored partner also promises that s/he will make every effort to support herself/himself.
Undertaking: A sponsor must also sign a promise to the government that her/his sponsored spouse or partner will not need to apply for social assistance. This is called an undertaking. If the sponsored person does receive social assistance, the sponsor will have to pay the money back to the government. The sponsor must also promise to do these things even if the relationship breaks up, s/he changes jobs, becomes unemployed or goes back to school etc.
How long is the undertaking?
If you are a spouse, common law or conjugal partner:
Your sponsor needs to provide for basic needs for 3 years starting from the day you become a permanent resident.
If the sponsorship agreement was signed before June 28, 2002, your sponsor needs to provide for basic needs for 10 years starting from the day you become a permanent resident.
Note: If you enter Canada with a temporary resident permit (TRP), your sponsor needs to start providing for basic needs on the day you enter Canada. If you are already in Canada and you have been given a TRP after you apply to remain in Canada as a permanent resident, your sponsor has to start providing for basic needs on the day you get the TRP. Otherwise, the undertaking to provide support begins on the day you become a permanent resident as mentioned above.
Important changes to the law: Conditional Permanent Residence
If the government received your permanent residence application on or after October 25, 2012, the new regulation of Conditional Permanent Residence may apply to you.
What does Conditional Permanent Residence mean?
Under this regulation, you need to stay with your spouse or partner for two years after you receive your permanent resident status. If you do not, you may lose your permanent resident status and be removed from Canada.
When does Conditional Permanent Residence apply?
Conditional permanent residence applies to you if:
The government receives your permanent residence application on, or after October 25, 2012 AND
At the time you submit your permanent residence application, you have no children with your sponsor and you have been married or in a relationship with your partner for two years or less.
If you can show proof, you may not need to meet the “two year” condition if:
Your spouse/partner dies OR
You can show that your spouse/partner abused you (physically, sexually, psychologically or financially) or neglected you (did not provide you with the basic needs for living).
What is Sponsorship Breakdown?
Sponsorship breakdown happens when your sponsor is not able or not willing to support you to meet your basic needs. This may be because your sponsor’s circumstances have changed (for example: s/he lost a job), your sponsoring is abusing you or you have separated from your sponsor.
What are the different ways in which sponsorship can break down?
Here are some examples of how a sponsorship can break down:
Your sponsor does not has enough money (even though s/he wants to support you)
Your sponsor may allow you to live in the home, but does not pay for your food, clothing or medical needs.
Your sponsor does not want to support you and tells you to leave the house
Your spouse leaves you and does not support you or refuses to support you after you leave the home
You leave because your sponsor abuses you (physically or sexually) or threatens you.
You leave because you are forced to work for your sponsor without being paid
What happens if my sponsorship breaks down?
If you are a permanent resident
If you are a permanent resident and you are being sponsored by your partner, your permanent resident status is not affected if the sponsorship breaks down. Your sponsor cannot withdraw the sponsorship at this point. The government cannot remove you just because you leave your sponsor. Your sponsor may threaten you and insist that he will take away his sponsorship, but this is not true.
Note: If your relationship breaks down, you cannot lose your status just because you leave your sponsor. But, there are still ways that your ex-partner can put your status at risk. S/he could accuse you of misrepresentation (lying on your application), or of other criminal activities that might make you inadmissible to Canada (for example, if you are part of a criminal organization or terrorist group). Even if these things are not true, they can complicate your status and put you at risk or being removed. If you think your ex-partner might do these things, you should speak to an immigration lawyer right away to make a safety plan to protect your immigration status.
How can I get financial support?
If you leave your sponsor or s/he cannot financially support you, you may be eligible for social assistance.
You can apply to Ontario Works (OW) or if you have a disability, to Ontario Disability Support Program (ODSP).
Your sponsor is usually required to provide for your basic needs for three years after you get permanent resident status, even if you separate from her/him. Therefore, if you leave your sponsor during those three years, and receive social assistance, your sponsor will owe that money to the government.
You may also be able to apply for spousal support or child support from your spouse or partner. See Child Support and Spousal Support for more information.
Note: Spousal support and child support are complex legal issues and you should seek the help of a family law lawyer whether you are going to court or trying to work out an agreement with your partner.
