Seperated with wife now over 3 years landed and they won't give her welfare

[Krazykanook]

Hi all,

I live in Calgary, Alberta. My wife (separated now) and I moved to Alberta in June 2012 (I am a Canadian citizen born and bred but was living overseas. She became a permanent resident November 12, 2012. We also have a now 6 year old daughter who is a Canadian citizen.

Anyway, we separated July 2014. She was working and all was fine. She lost her job March 2015 and went on unemployment insurance up until this month. She went to welfare today and they told her they could not give her anything because she is sponsored by me and that last 10 years. I was of course in shock, as was she.. I have searched a lot of sights and have found that it says 3 years, NOT 10.

This is on immigration canada website:
In the case of a spouse, common-law partner or conjugal partner, a sponsor is required to sign an undertaking to reimburse the federal or provincial governments from the date in which they become a permanent resident for the period of three years.

And this on Imigroup website:
Relative Sponsored Financial Obligation Spouse 3 years Parent 20 years (starting 2014) Grandparent 20 years (starting 2014) Child 10 years or until child is 25 years old

Of course I can't understand how she can be unemployed for a year.. it's driving me crazy she won't go get a job. I pay her $500 a month for our daughter.

Any way, did they make a mistake in telling her the 10 year thing? I'm not sure how to proceed here... I have 2 of my own children and am barely able to survive as is, and she is saying they will take 1/2 of my salary. If that happens well I'll be done.

Thanks in advance for any help!

 

[Tri-Cities]

Hi,

I don't know about the law but this is what I think:
First of all pick up the phone and talk to the welfare office yourself instead of only listen to what your ex is telling you.
Second of all, again don't listen to just what the ex tells you but get a lawyers' advise asap.

cheers!

 

[Rob_TO]

A spouse undertaking is only 3 years. So if she became a PR in Nov 2012, your 3 years undertaking commitment would have ended Nov 2015. The 10 years undertaking is the old rule for sponsoring parents (current rules for parents is 20 years).

Also, having an undertaking in effect is not a bar to receiving welfare. Even if it was within the 3 years, she would still be eligible for welfare except if an undertaking is in force the government would then come after you (the sponsor) to pay back all the money.

Perhaps rules are different province to province, I'm not entirely sure. But it sounds like the person she was talking to doesn't quite understand the rules.

 

[dpenabill]

Odds are she is the source of misinformation, which could be intentionally or due to her own misunderstanding or confusion.

In any event, the situation has nothing to do with immigration status or immigration law. It is a domestic/family law matter. Good idea to obtain assistance, or at least advice, from a legal professional who engages in family law.

 

[keesio]

Hi,

I don't know about the law but this is what I think:
First of all pick up the phone and talk to the welfare office yourself instead of only listen to what your ex is telling you.
Second of all, again don't listen to just what the ex tells you but get a lawyers' advise asap.

cheers!

THIS!!!

 

[Leon]

If they told your wife 10 years, they made a mistake. Do you think your wife is trying to con you? I do not believe they can take half your salary if you have two other kids to support.

If you are on a friendly basis with your wife, you could print out something from the immigration website about 3 years and take that to the welfare office with your wife. I think spousal sponsorship obligations may have been 10 years ago at some point but that would be way in the past, I believe if the sponsorship was signed before June 28, 2002 according to this website: http://owjn.org/owjn_2009/component/content/article/57-immigration-law/335-sponsorship-breakdown#13 so that would not apply to you at all.

If you are not on a friendly basis with your wife and/or you think she is trying to con you, get a lawyer to make sure everything is by the book. Also make sure that you always give her checks, never cash. Otherwise she can claim later that you have not been paying for your child. Getting a lawyer can cost you but in the long run it may be cheaper than your wife taking you to the cleaners.