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Sponsor on odsp can I work

neuroCanadian

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Aug 31, 2020
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In the case where the relationship breaks down before the undertaking ends (and they begin living separately): if the sponsored person goes on OW, this could be very bad for the now-single person on ODSP (the sponsor). I’m not 100% sure of this but I think it may be possible that the amount of the OW cheque gets deducted each month from the sponsor’s ODSP cheque. Or instead, there may be an overpayment flagged on the ODSP recipients file, which will have the same effect anyway (cheque amount gets lowered).
 

canuck78

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Jun 18, 2017
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A lot of inaccuracies in this thread…

1. yes ODSP is social assistance

2. social assistance in Ontario is given out to households, not to individuals. There’s no such thing as a married couple living together in which only one of the two is on social assistance: they either both are or neither is.

3. the federal government does keep track of the “excess” amount that any household—in which a member is being sponsored—is receiving each month. If the sponsor’s disability is temporary and they leave the ODSP program, the federal govt could ask them to pay it back, but if the person’s disability is lifelong and they stay on social assistance, the federal government cannot actually ask you to pay it back unless you try to start another sponsorship (at any time in the future, even decades later).
ODSP and welfare through OW is not treated the same way. One person is on ODSP not the whole family although family income is considered.
 

neuroCanadian

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Aug 31, 2020
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ODSP and welfare through OW is not treated the same way. One person is on ODSP not the whole family although family income is considered.
that is incorrect. While a household on ODSP often has one disabled person and the rest of the household is not disabled, they are still all on social assistance together. This is called the benefit unit.

Furthermore, there are plenty of benefit units in which two adults are disabled (they get a larger amount on their cheque). And then there are benefit units in which one adult and one child is disabled, and every other combination you can think of too.

And again, OW is not actually called welfare (although in a broad sense, both ODSP and OW could be classified as welfare). They are referred to as social assistance.
 

YVR123

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Jul 27, 2017
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A lot of inaccuracies in this thread…

1. yes ODSP is social assistance

2. social assistance in Ontario is given out to households, not to individuals. There’s no such thing as a married couple living together in which only one of the two is on social assistance: they either both are or neither is.

3. the federal government does keep track of the “excess” amount that any household—in which a member is being sponsored—is receiving each month. If the sponsor’s disability is temporary and they leave the ODSP program, the federal govt could ask them to pay it back, but if the person’s disability is lifelong and they stay on social assistance, the federal government cannot actually ask you to pay it back unless you try to start another sponsorship (at any time in the future, even decades later).
Can you confirm that:
1) So in this case OP can work but the income will/may affect the amount their family will received.
2) If OP is also considered having lifelong disability, both members of OP's family are disabled and federal government cannot ask them to pay back the social assistance received? So this is the opposite of what the case worker adviced OP? (provided that OP and wife stayed in their relationship forever, since he didn't ask nor seems concert on thier relationship)
 

neuroCanadian

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Aug 31, 2020
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IRCC expects and hopes OP will work. Sometimes they even speed up the processing of the sponsorship package because they hate a foreigner being on ODSP (as in, them living here without a work permit and it causing the sponsor’s welfare cheque to increase due to the benefit unit increasing in size by +1 person).

I think they tend to pressure the ODSP recipient’s caseworker to ‘get the immigrant working,’ which is probably why the OP is finding themselves being hounded by ODSP.
 
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neuroCanadian

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If one adult works and earns between $200-300 per month, the ODSP cheque will only go up! So it’s in their financial interest to work, but if an adult makes $400+ per month, there will be a decrease on the ODSP cheque the month after. The decrease is not dollar for dollar so you’ll never end up worse off in terms of the money going into your bank, but whether it’s worth working more than $200 per month depends on how capable your are I guess and how easy the work is for you.

Both the disabled and non disabled adult can each work $200 per month and each receives a $100 bonus from ODSP (this is why I say it’s advantageous to work a little).
 
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Tibboy35

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Oct 25, 2016
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So neuro, r u saying person on odsp can’t sponsor their Outland spouse? Regardless of sponsor’s condition?
 

canuck78

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So neuro, r u saying person on odsp can’t sponsor their Outland spouse? Regardless of sponsor’s condition?
It’s more difficult but not impossible. You need to prove that you will be able to live without further support from the government. Given that ODSP levels are very low compared to cost of living you should show savings, that your spouse will work in Canada or that you’ll be able to get off ODSP and work.
 

neuroCanadian

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What I was trying to say is that IRCC doesn’t like people on social assistance sponsoring their spouse and have even made it impossible for ppl on OW to sponsor a spouse.

But the charter and/or our human rights code seems to prevent them from doing the same for a person “receiving social assistance for reason of a disability” — it would be discriminatory for them to prevent an ODSP recipient from sponsoring a spouse (although I’m not sure about for other family members… there are some rules about minimum income for children).

There may also be some ppl who are on OW for “disability related reasons”—this is a hypothetical to me that I’ve never encountered but since the rule is “no social assistance except: for disability reasons” it’s not hard to imagine someone who has yet to apply for ODSP—or has applied but yet to be approve—but has a doctor’s note which allows them to be on OW without their case worker being able to force them to work/look for work etc.

It should (in theory) be possible to be on OW and disabled, and then the same exception to the usual rule barring welfare recipients from sponsoring might apply. If no one has tried it though, they might need to go to court. Again, this is all theoretical. I am not a lawyer nor do work for any govt ministry.
 

canuck78

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Jun 18, 2017
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What I was trying to say is that IRCC doesn’t like people on social assistance sponsoring their spouse and have even made it impossible for ppl on OW to sponsor a spouse.

But the charter and/or our human rights code seems to prevent them from doing the same for a person “receiving social assistance for reason of a disability” — it would be discriminatory for them to prevent an ODSP recipient from sponsoring a spouse (although I’m not sure about for other family members… there are some rules about minimum income for children).

There may also be some ppl who are on OW for “disability related reasons”—this is a hypothetical to me that I’ve never encountered but since the rule is “no social assistance except: for disability reasons” it’s not hard to imagine someone who has yet to apply for ODSP—or has applied but yet to be approve—but has a doctor’s note which allows them to be on OW without their case worker being able to force them to work/look for work etc.

It should (in theory) be possible to be on OW and disabled, and then the same exception to the usual rule barring welfare recipients from sponsoring might apply. If no one has tried it though, they might need to go to court. Again, this is all theoretical. I am not a lawyer nor do work for any govt ministry.
You aren’t rejecting someone based on their disability. To sponsor a spouse you need to prove that you can financially support yourselves without government help (ODSP isn’t considered government help). Based on previous cases it is possible but given how little you get on ODSP there is often proof required to show how the couple will support themselves.
 

neuroCanadian

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To sponsor a spouse you need to prove that you can financially support yourselves without government help
no, that's incorrect

ODSP isn’t considered government help
that's also definitely incorrect

there is often proof required to show how the couple will support themselves.
No there isn't: for the umpteenth time, there is no financial requirement for spousal sponsorship (except in QC). It says so very plainly on the government's website. Don't know where all this nonsense is coming from...
 

YVR123

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Jul 27, 2017
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no, that's incorrect


that's also definitely incorrect


No there isn't: for the umpteenth time, there is no financial requirement for spousal sponsorship (except in QC). It says so very plainly on the government's website. Don't know where all this nonsense is coming from...
I though the undertaking implies that the sponsor is responsible for the PA.

If you live outside Quebec
To become a sponsor, you must promise to financially take care of the persons you are sponsoring for a period of time. We call this promise an undertaking.

The undertaking commits you to:
  • providing financial support for your sponsored family members, starting when they become permanent residents
  • repaying any provincial social assistance your sponsored family members get during that time
Also, you and your sponsored family members need to agree to certain responsibilities during the undertaking period. We call this the sponsorship agreement.

The sponsorship agreement means that:
  • you’ll provide for the basic needs of your sponsored family members
  • the person you sponsor will make every effort to support themselves and their family members
When you apply, you’ll have to complete and sign a form that includes the undertaking and the sponsorship agreement.
 

Alexis1971

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Feb 16, 2020
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Its possible that the individual went on ODSP after the sponsorship. If IRCC allows individuals to sponsor spouse or relatives while on government assistance that seems a bit reckless to me.

Anyhow, it sounds like the PA is also looking to collect disability. Wonder if he/she had this condition/ disability before or after the sponsorship application was granted.
 

neuroCanadian

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Aug 31, 2020
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Yes the wording would would seem to suggest the sponsored immigrant basically gets to kick up their heels and their sponsor becomes legally required to pay for all their stuff but interestingly the government also makes the sponsored person sign a document saying "I agree to do all that I can to obtain gainful employment and be self-supportive."

These contracts are mostly all principles that the fed govt sets out and almost all of them are meaningless in a court of law. I've heard of bad scenarios though for situations in which the relationship breaks down. Then the ministry can start deducting.

From my understanding, if the couple breaks up during the undertaking and the sponsored person decides to go on OW as a single person, it might be possible that the ODSP person will get a huge clawback, but I'm not even 100% sure of this. I think the main loss to the sponsor would be that it could become next to impossible to sponsor another person in the future unless they're willing to pay the ministry back.