Withdrawing undertaking and liability contracts

[Nnnm]

I have a couple of questions, one is more straight forward and the other I may need to ask a lawyer.

1. I am planning to co-sponsor my wife's parents. They are divorced and currently are on a super visa. How long does the process normally take for them to get permanent residence? My understanding is that I can unilaterally withdraw my undertaking / sponsorship application any time before they land as permanent residents?

2. I understand that the undertaking is a contract between me, the sponsored individuals, and the government. Should they apply for any government benefits, I will be liable to the government for the amounts. Has there ever been a case where a person, on top of the undertaking agreement, entered into a type of guarantee agreement to reduce liability exposure?

Example just to illustrate the point:
> I co-sponsor wife's parents
> They end up taking more government benefits than we anticipated
> I am liable to the government, and will make the payment
> I have a separate legal agreement, whether it would be with my wife or her parents, to recoup any amounts that I had to remit to the government

 

[Kedeisha]

You can withdraw anytime before they become PR

As for side deals as long as the government gets paid back your side deal is irrelevant because you and your wife are who will be on the hook for repayment not your inlaws.

This would be the same scenario if you married someone and divorced them before the undertaking period ends you would be responsible to repay irrespective of whatever any divorce decree says. This is outlined in the undertaking that you sign.

 

[Wakki]

Undertaking length for parents and grandparents sponsorship
Your obligations as a sponsor and as a co-signer, if applicable, begin when your family members included in the sponsorship undertaking enter Canada to remain as permanent residents.

When you sponsor a parent or a grandparent, the undertaking is valid for 20 years, and for all persons included in the sponsorship undertaking.

The co-signer will be equally liable if obligations are not performed.

May I cancel my undertaking once it has been approved?
If you no longer want to sponsor your family members or they no longer wish to immigrate to Canada, you must inform CPC-M of your decision to withdraw your undertaking before they are issued permanent resident visas.

• If you inform the CPC-M before your family members are issued permanent resident visas
  • CPC-M will take steps to stop the application process for permanent residence, record the withdrawal of your sponsorship and close your file. You will be informed in writing that your withdrawal was accepted.
• If you inform the CPC-M after your family members are issued permanent resident visas
  • The commitment you and your co-signer, if applicable, made to support your family is valid for the term of your undertaking.

 

[Buletruck]

I doubt there is any practical resolution where payments could be reduced or deferred to your spouse or her parents. If there was no wise owed to the government, the existing contract would take president. How you recovered monies from others would be your concern and would have to be perused via civil court.
If you aren’t prepared to sponsor them for 20 years without some sort of side deal, you shouldn’t co-sign.

 

[canuck78]

You should also be aware that there are charges for things like longterm care and it is not just things like welfare payments. If you have any doubts you shouldn't sign because there is a good chance that at some point you will be covering some form of costs. They may have their own assets and may be able to cover the costs. Only you know how much of a risk it is.