Surrey Immigration Support Dispute Lawyers deal with sponsor support obligations and the support undertaking during spousal sponsorship’s. Call 604-576-5400
Surrey Immigration Support Dispute Lawyers know that often many of our clients have fallen in love or have an arranged marriage with someone from abroad. Surrey Immigration Support Dispute Lawyers understand these parties will then sponsor their new spouse, and potentially their family members, to come live in Canada. Unfortunately, some of these relationships do not work out and the parties would like to separate and divorce. Our Surrey Immigration Support Dispute Lawyers have helped many clients through this confusing and difficult process. One of the most common questions our Surrey Immigration Support Dispute Lawyers are asked in our practice is, What are my support obligations for a spouse or child I have sponsored to come to Canada?
Surrey Immigration Support Dispute Lawyers lead associate Aman Kahlon
Surrey Immigration Support Dispute Lawyers
When you sponsor your spouse to become a permanent resident under the permanent residence-family sponsorship category, you sign an undertaking, which is a form of contract. Our Surrey Immigration Support Dispute Lawyers want you to know that you are promising that you will provide financial support for your new spouse and any of their dependent children, or their parents.
The financial support you are obligated to provide will help fulfill their basic needs, including but not limited to
- food
- clothing
- utilities
- personal requirements
- shelter
- fuel
- household supplies
- health care
Surrey Immigration Support Dispute Lawyers Explain Government Support Obligations
Should the Provincial or Federal government need to assist your spouse, or the dependent child in fulfilling these basic needs, you have an obligation to repay back the government for their expenditures.
The length of time you are expected to support your partner or dependent child can vary. Under immigration law, for a child under the age of 19 years, the obligation to support the child begins on the day that the child becomes a permanent resident of Canada for the period of 10 years or until the child reaches the age of 25 years, whichever is earlier. However, in a family law case your support obligations can vary. For example, the 16 year old dependent child of your spouse, for whom you are found not to be in loco parentis (standing in the place of a parent), you may have no obligation to support that child.
Our skilled Surrey Immigration Support Dispute Lawyers explain that for a dependent child over the age of 19 years, your obligation commences on the day that the dependent child becomes a permanent resident, for a period of three years. Therefore it is possible for you to be obligated to provide support for a healthy child that is 22 years old and not in post-secondary, while in Family law, in the same situation you would not have the same obligation.
Spousal Support Obligations Explained By Our top Rated Surrey Immigration Support Dispute Lawyers
For your partner, you have an obligation to continue to support them from the date in which they become a permanent resident for the period of three years. This obligation is regardless if a family court deems that you owe no spousal support to your spouse, or irrespective of the grounds for divorce.
Often our clients will advise that they have a concern that their spouse married them for immigration reasons. You can forgo your obligations to provide support if you can prove that it was a marriage of convenience. However if Immigration Canada deems the marriage valid or that your spouse can remain in Canada, your obligation to support your spouse and the dependent child continues.
In the case of sponsored parents and grandparents, your sponsorship obligation extends for a period of 20 years from the date in which they became a permanent resident. For all other family members, the obligation is for a period of 10 years.
It is important to understand that even upon 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.
It is in your best interests to speak with a lawyer well versed in family and immigration law to help guide you through this process.
Call our top rated family law and immigration lawyers at 604-576-5400 and meet with Aman Kahlon today.
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