Spousal Sponsorship

[Kano]

I am Canadian citizen in a 2-year relationship with a Filipina residing in the Philippines. We have been discussing marriage lately.
Problem: Many many years ago, I sponsored my first wife (non-Filipino). There was a 10 year undertaking. This marriage did not work out. There was approximately 2 years left in the undertaking. She ended up on welfare soley because she was too lazy to work. Therefore, from a CIC standpoint I breached that undertaking by not providing for her during the entire 10 year period.
Now, if my Filipina girlfriend and I decide to get married, will I be able to sponsor her to Canada? The wording on the CIC website states:
"You may not be eligible to be a sponsor if you:
•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past."
The key words are "may not be eligible". To me, this does not mean, will not be eligible.
Is this a grey area that is open to interpretation based on individual circumstances?

 

[PMM]

Hi

I am Canadian citizen in a 2-year relationship with a Filipina residing in the Philippines. We have been discussing marriage lately.
Problem: Many many years ago, I sponsored my first wife (non-Filipino). There was a 10 year undertaking. This marriage did not work out. There was approximately 2 years left in the undertaking. She ended up on welfare soley because she was too lazy to work. Therefore, from a CIC standpoint I breached that undertaking by not providing for her during the entire 10 year period.
Now, if my Filipina girlfriend and I decide to get married, will I be able to sponsor her to Canada? The wording on the CIC website states:
"You may not be eligible to be a sponsor if you:
•failed to provide financial support you agreed to when you signed a sponsorship agreement to sponsor another relative in the past."
The key words are "may not be eligible". To me, this does not mean, will not be eligible.
Is this a grey area that is open to interpretation based on individual circumstances?

There is a good chance that you will be required to pay back her 2 years of welfare before you receive approval.

 

[Kano]

Hi


There is a good chance that you will be required to pay back her 2 years of welfare before you receive approval.

That would be a fair chunk of change ($20k+). Especially, since most undertakings are for 3 years (even at that time). Yes, I know I signed it. If it came down to it, I wonder if the payments could be done on an installment basis.

Thanks for the reply nonetheless.

I hope to get some more insight on this.

 

[PMM]

Hi

That would be a fair chunk of change ($20k+). Especially, since most undertakings are for 3 years (even at that time). Yes, I know I signed it. If it came down to it, I wonder if the payments could be done on an installment basis.

Thanks for the reply nonetheless.

I hope to get some more insight on this.

1. Well if the sponsorship is refused, under 131(1) then you might want to see how the IAD will handle it. Search http://www.canlii.org/en/ca/irb/index.html with the search text sponsorship social services.

 

[Kano]

Excellent suggestion!
I'd better to get my ducks all in a row first though.
I am a paralegal and never even thought to search out case law on this. That could be because I don't do immigration work and don't really know the processes.
If the sponsorship ends up in an appeal, do you have any idea as to how long that would take?

 

[PMM]

Hi

Excellent suggestion!
I'd better to get my ducks all in a row first though.
I am a paralegal and never even thought to search out case law on this. That could be because I don't do immigration work and don't really know the processes.
If the sponsorship ends up in an appeal, do you have any idea as to how long that would take?

If the application is refused about 9 months of processing, then it would take about a year to get to the appeal stage.

 

[Kano]

Once again, thanks for your reply.

Another idea that I have is for her apply to come here through the Live In Caregiver Program. Certainly, that does take much longer but then it seems to be much less of a hassel.

Now, if she does apply through that program, what would happen to her application if we were to get married before her application is approved? Would us getting married screw things up for her to come here as a Caregiver? Or, could she still continue with that application?

Another question, are those that apply for the Caregiver Program always accepted into the program? I mean if there are no medical or other issues with the application.

Thanks!