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The family sponsorship program or sponsorship is the main way for Canadian citizens and permanent residents (sponsors) to reunite with their loved ones, offering them the opportunity to settle in the country. However, this process should not be seen as a simple application; on the contrary, sponsorship is one of the most binding legal responsibilities in Canadian immigration, and is known as: Undertaking of Sponsorship or Undertaking.
In this blog, I will explain the nature of Undertaking, the financial responsibility the sponsor assumes to the Canadian government and the risks of lying to get sponsorship approval. Read with me to the end and avoid unintended consequences - let's get started!
Undertaking is an unconditional contract that the sponsor signs with Immigration, Refugees and Citizenship Canada (IRCC), in which he/she agrees to cover the expenses (housing, food, clothing, other basic expenses) of his/her loved one from the time he/she obtains permanent residence.
The most important feature of this agreement is its irrevocable nature. The obligation to cover such expenses continues even if the family member's circumstances change at a later date; for example, a divorce, the sponsor's loss of employment, or if the sponsored family member acquires citizenship.
The purpose of the Undertaking is to protect the social assistance system from expenses incurred by the sponsored (new permanent resident), as this undertaking ensures that the sponsor is and will be responsible and not the Canadian taxpayer.
In the event that your loved one (sponsored) draws on provincial or territorial social assistance programs during the commitment period, you as the sponsor will be legally responsible for repaying the full amount of benefits received to the government. This debt becomes an obligation to pay, and failure to do so will result in you being prohibited from sponsoring other family members in the future.
The federal process involves a dual assessment: sponsor eligibility and principal applicant eligibility.
The sponsor must meet basic eligibility requirements, such as being over 18 years of age, not incarcerated, in bankruptcy or in default of a previous sponsorship. In addition to considering the application of the minimum income requirement, known as LICO (Low Income Cut-Off).
In the vast majority of cases of partnersponsorship , (excluding sponsors residing in Quebec), the sponsor is NOT required to demonstrate compliance with the LICO quota. But he/she does have to keep a correct and truthful process of their relationship, this is the focus of the Undertaking.
For parents, grandparents and other relatives, the sponsor DOES have to meet the LICO quota and demonstrate that their income meets the government-mandated minimum for the three tax years immediately preceding the date of application. This requirement is more stringent and varies depending on the total size of the family unit.
Once the sponsor, the principal applicant (the family member) is approved, the government assesses whether or not he/she is admissible to Canada, and conducts a thorough criminal and security background check. It also conducts a medical examination, which must be conducted by a physician designated by the IRCC.
Once this is done, proceed to verify the relationship to confirm that it is genuine.
The sponsor's financial responsibility has a fixed duration that is triggered from the moment the family member obtains permanent resident status.
Attention when sponsoring parents and grandparents, as 20 years represents a longer obligation, so they must be sure of the process. These decisions are for the good of the family and are very rewarding, but they also require safe steps as they compromise the household finances.
Family sponsorship involves investing in your loved ones. The difference in the federal process (outside Quebec) is in the income requirement: some are exempt from the LICO fee and others have to meet the requirement more strictly and with a two-decade undertaking .
Therefore, it is important to prepare a well channeled immigration plan that minimizes the risk of incurring immigration violations. Never lie on your application to obtain immigration benefits because the system will detect it at some point and you may be charged with the crime of misrepresentationwith severe consequences, including bars to entry or criminal charges.
For these complex processes, it is advisable to seek legal advice from a regulated consultant or a Canadian lawyer.
Immiland Law Professional Corporation is our immigrant legal services firm in Canada and we have experts who can handle your sponsorship case and help you understand the sponsorshipundertaking for a transparent and successful process.
Our expert legal team is committed to providing you with the support and representation necessary to handle immigration matters involving your family members so that they can fulfill their dream of residing in Canada.
If you would like an immigration consultation, please contact us. On our website: Canadian Lawyers: Comprehensive Legal Solutions you will find more services for newcomers to Canada.
I hope this topic will be helpful to you and your family. Thanks for reading, see you in the next blog!
With love,
Immiland Law Professional Corporation
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