obligations of the sponsor

[garlins]

My daughter recently sponsored someone from England who was here on his 2nd or 3rd work visa they had been living together for a year so she applied to sponsor him I believe it was almost final or was to be this august. They have purchased several things together a truck, quad etc.

However their relationship ended and now she does not now what to do, she would like to move on however she does not know how this will effect his residency. As well he is refusing to communicate with her and she is still on their loans his family says too bad her problem he can do what he wants for the next 5 years and she is responsible, that what she gets for leaving him.

what is her responsibility?

Some advice for her would be great.

 

[amikety]

Sponsors are responsible for their spouses for three years, not five.

What does it mean ‘‘to sponsor’’?

When you agree to be a sponsor, you must sign a contract called an undertaking with the Minister of Citizenship and Immigration (or with the Ministère de l’immigration et des communautés culturelles [MICC] if you live in Québec).

The undertaking is a promise to provide financial support for your spouse or common-law partner’s basic requirements and those of his or her dependent children.

Basic requirements are:
•food
•clothing
•utilities
•personal requirements
•shelter
•fuel
•household supplies

This also includes other health care not provided by public health, such as eye and dental care.

The undertaking ensures that these persons and their family members do not have to apply for social assistance. Its length varies according to their age and their relationship to you.

Your obligations as a sponsor begin as soon as the person you are sponsoring and, if applicable, his or her family members arrive in Canada.

Important information. The undertaking is an unconditional promise of support. For example, the granting of Canadian citizenship, divorce, separation or relationship breakdown or moving to another province does not cancel the undertaking. The undertaking also remains in effect even if your financial situation deteriorates.

Basically, if he applies for welfare - she will have to repay it. That being said, he also promised to do everything in his power to stay employed when he signed his papers, so if he goes on welfare to punish her, she can report it. I personally would let them think the undertaking is five years. Their ignorance could be your friend.

As far as the loans, those can be taken up in divorce court. If they weren't married, I hope she has a co-habitation agreement that deals with the loans. If not, she is responsible as any co-signer. She may want to speak with a lawyer regarding that. Depending on her province, she may have rights to either the property or to have him make a new loan without her name.

There's little to nothing that can be done regarding his permanent residency. If she feels she was scammed, she can report it. However, seeing as he's from England, I don't see CIC investigating.

It sounds like these people are trying to blackmail you. I would keep all records, emails, texts, letters. Try to keep all communication written. That way if there is trouble later, you have proof.

 

[garlins]

Thats what I thought she should let immigration Canada know though that they are not together right?

 

[amikety]

Thats what I thought she should let immigration Canada know though that they are not together right?

She can but it won't effect his residency or her duty to the undertaking. She needs to stop focusing on the immigration part - it's done. Instead, deal with the blackmail and division of property. That's a more sticky situation if he's blackmailing her with the undertaking agreement - which is why I say start collecting proof. Seeking qualified legal advice from the authorities or a lawyer is the best idea.

 

[ronaldoyaronaldo]

"He can do what he wants for the next 5 years and she is responsible" This statement alone documented would reveal a lot of facts, one of them is blackmailing like the other gentleman said. Him refusing to communicate with her under these circumstances rings a lot of bells too. Based on my limited experience, you have a strong case. And you can take more than one path. Her signing on his loans was one big mistake! But it's too late now! I don't know if on the basis of him being in a relationship with your daughter for convenience can take away your daughter's responsibility for cosigning his loans! But there is a strong case for relationship fraud, that should be a big relief for her!

As long as his residency, I would email cic about change of circumstances and him not communicating with her, which in turn will cancel the application and make him regret his actions

 

[amikety]

That is a good point. If the application isn't final, she can cancel it.

How to cancel depends on where they applied. She can call the Call Centre 1-888-242-2100 to start.

As far as the loans go, it might just become a painful lesson for your daughter to learn.

 

[garlins]

looks like her application was accepted however he has not yet been granted permanent residency so I believe she can cancel her sponsorship as long as it is before pr is granted?

the rest we will deal with the common law rules of ab for property division and all advice will be taken in regards to his threats etc.

 

[scylla]

looks like her application was accepted however he has not yet been granted permanent residency so I believe she can cancel her sponsorship as long as it is before pr is granted?

the rest we will deal with the common law rules of ab for property division and all advice will be taken in regards to his threats etc.

Yes - if he hasn't been granted PR status yet she can cancel. She should contact CIC and do this as soon as possible.