Title: Understanding a Family Class Sponsorship Breakdown
1Understanding a Family Class Sponsorship Breakdown
2We are not going to talk about
- Family sponsorship applicants either in Canada or
overseas waiting for their permanent resident to
be issued. - Family reunification of Convention Refugees or
Protected Persons because they are not considered
family sponsors.
3SPONSORSHIP BREAKDOWN
4Terms Defined
- Who is a Sponsor?
- established family relationship
- have financial capacity
- signed a Sponsorship Agreement and Undertaking
with CIC (a commitment to provide for the basic
requirements)
5Who is a Co-Signer?
- Another family member can help financially by
co-signing the Sponsorship Agreement. - This person is the co-signer
- has the same responsibilities as the sponsor.
6Who is a Sponsored Family Member?
- Spouse, common law or conjugal partner (including
same-sex partner) - Dependant child 22 years or younger
- Dependant child older than 22 years, who is a
full-time student or in some other way is
dependent on you - Parents
- who received their permanent resident status in
Canada only because a sponsor signed a
Sponsorship Agreement
7What is a Sponsorship Undertaking?
- A legal document
- signed by sponsor and co-signer (if applicable)
- as a commitment to the Government of Canada
- to provide basic necessities for the sponsored
family member(s).
8What is a Sponsorship Agreement?
- The Sponsorship Agreement is a legal document
signed by - the sponsor, the co-signer (if applicable) and
- the sponsored family member(s).
9Sponsorship Agreement (contd)
- The sponsored family member(s) agrees
- to seek help from the sponsor if they are unable
to provide for their own basic requirements. - consents to the release of information to the
sponsor concerning social assistance.
10What are Basic Requirements?
- food,
- clothing,
- a place to live,
- heat, utilities,
- household supplies,
- personal requirements and
- health care not provided by public health
including dental and eye care. (OHIP takes 3
months to kick in)
11What is Ontario Works (OW)?
- Delivers income assistance to residents of
Ontario who are in financial need (welfare)
12What is the Ontario Disability Support Program
(ODSP)?
- Designed to meet the needs of people with
disabilities who are in financial need.
13What is the Overpayment Recovery Unit (ORU)?
- Established to collect outstanding social
assistance debts from sponsors who have defaulted
on their Sponsorship Agreement.
14What is Sponsorship Breakdown?
- A sponsorship breakdown occurs
- when the sponsor or co-signer refuse (or unable)
to provide the basic requirements - The sponsored family member(s) starts to collect
social assistance (under Ontario Works or ODSP). - If they do not collect social assistance then it
is not a sponsorship breakdown.
15Sponsorship Default
- While sponsor is repaying the social assistance
payments to the Ontario government - Is not allowed to sponsor other family members
until debt is repaid - Same criteria applies for HC
16What is the length of a Sponsorship?
Spouse 3 years
Dependent child (lt22 yrs.) 10 yrs. (or until 25 yrs.)
Dependent child over 22 yrs. 3 years
Parents 10 years
17When does Undertaking begin?
- On the day sponsored family member(s) receives
the permanent resident document, (if done within
Canada), or - On the day sponsored family member(s) enters
Canada as a permanent resident (if done outside
Canada.)
18INFORMATION FOR SPONSORS
19If conditions or circumstances of the sponsor
change?
- The Sponsorship Agreement cannot be cancelled or
modified after sponsored family member receives
permanent residence. - Bankruptcy cant sponsor another family member
-- sponsorship default (lifelong ban)
20What are consequences of a Sponsorship Breakdown
for the Sponsor?
- debt amount of welfare given to sponsored
family member - OW or ODSP will advise CIC
- Cant sponsor another family member(s) until debt
is repaid
21ConsequencesSponsor (contd)
- OW or ODSP will refer case to the Overpayment
Recovery Unit (ORU). - ORU informs sponsor by letter
- Purpose of letter how will sponsor provide for
the sponsored family member(s), or when start the
collection of your debt.
22ConsequencesSponsor (contd)
- ORU will pursue the sponsorship debt will refer
the case to Canada Revenue Agency's (CRA) Refund
Set-Off Program. The CRA can garnish (take over)
any Income Tax refunds - ORU can take other steps e.g. court action
23ConsequencesSponsor (contd)
- Credit record will be affected. E.g., application
for a loan - Note If sponsor has been convicted of a sexual
offence or an attempt/threat to commit a sexual
offence, will not be eligible to sponsor again
even if a sponsorship debt is repaid.
24What happens to sponsored family member in a
Sponsorship Breakdown?
- Applies to receive social assistance
- must try to get support from sponsor, except if
breakdown caused by abuse and/or family violence.
- Will receive the same amount from OW or ODSP as
any other person on social assistance. - If receiving partial support the amount will be
reduced.
25What the rights of the Sponsor when there is
Sponsorship Breakdown?
- Immigration status is not affected
- All rights and benefits to which sponsor is
entitled are not affected
26Rights as a sponsor (contd)
- Sponsor can sponsor other relatives in the
future - if out of the sponsorship period,
- Have repaid outstanding debts and
- have not received social assistance for at least
12 months
27Can one withdraw their sponsorship obligations?
- If CIC has already issued a visa, or a family
member(s) has already become a permanent
resident, the sponsor cannot withdraw the
sponsorship.
28What can the sponsor do to resolve a sponsorship
breakdown?
- Make an offer of assistance so they will stop
receiving welfare. This is not possible if abuse
and/or family violence has caused the breakdown. - contact OW or ODSP to discuss the options and to
remain informed.
29To resolve a breakdown (contd)
- Resume support or make arrangements to repay the
debt. - partial support (debt will continue to
accumulate)
30To resolve a breakdown (contd)
- If asked to pay back social assistance, sponsor
may want to contact a community legal clinic for
advice and help.
31What can stop or postpone the collection of the
sponsorship debt by the ORU?
- The sponsor is deceased
- The sponsor is incapacitated and unable to pay.
E.g. in hospital - The sponsor has undergone bankruptcy
- Third-party verification of domestic violence or
abuse by the sponsor against the sponsored person
or vice versa.
32What stops collection (cont)
- The sponsor is receiving social assistance.
- The sponsors net family income is below the Low
Income Cut Off amount - The sponsor and co-signer (if applicable) are in
receipt of Guaranteed Income Supplement (GIS).
33What stops collection (cont)
- The sponsor and co-signer (if applicable) have
documented extraordinary circumstances. For
example, the sponsor has a serious health
condition along with high, ongoing drug costs.
34What stops collection (cont)
- Collection may be deferred up to 12 months
- But sponsorship debt continues to accrue until
the end of the sponsorship period.
35What happens after debt is paid?
- The ORU will notify OW or ODSP that the debt has
been repaid in full - The OW or ODSP office will send Confirmation of
Repayment of Social Assistance Benefits to CIC to
confirm the debt has been repaid in full - The ORU will send confirmation that the debt has
been paid in full and that the file has been
closed.
36ADDITIONAL INFORMATION, HELP AND REFERRALS
- Immigrant Serving Organizations
- 211 Information Referral Service
- Community Legal Clinics
- Assaulted Womens Helpline
- Ontario Works (OW) or Ontario Disability Support
Program (ODSP) - Overpayment Recovery Unit (ORU)
37INFORMATION FOR SPONSORS
38Implications of a Sponsorship Breakdown for a
Sponsored Family Member (Sponsoree)
- If breakdown caused by lack of support from
sponsor - have the right to apply for welfare
- try everything possible not to collect welfare
including support from your sponsor (except in
the case of abuse and/or family violence).
39Implications for Sponsoree
- If eligible, will receive welfare
- same amount of benefits as any other person
- If receive partial support from sponsor, or if
employed, could get less from OW or ODSP
40Implications for Sponsoree (contd)
- Can be found ineligible if
- unwilling to provide information about sponsor
- have not made reasonable efforts to pursue
support from sponsor. - Note sponsor does not have the right to keep
children or property. If there is a dispute, this
will be resolved according to Family Law.
41What happens with Permanent Resident Status if
sponsorship breaks down?
- Will not lose their permanent resident status if
sponsorship breaks down even if they need to
apply for social assistance.
42What are the rights of Sponsored family member
- Status not affected
- All rights and benefits are not affected
- Right to apply for OW or ODSP.
- Right to leave sponsor who is hurting, scaring or
abusing them (even if spouse) - to sponsor relatives in the future if
sponsorship period is finished and not on welfare
for at least 12 months
43Rights of the sponsoree (contd)
- The sponsor or co-signer cannot make them leave
Canada.
44What are responsibilities of a sponsored person
in Canada?
- To sign a sponsorship agreement with the
sponsor. - To try and support themselves before seeking
government support.
45Exemptions from Pursuing Sponsorship Support
- Do not have to pursue financial support from
sponsor where - the sponsorship agreement is no longer in effect
- the sponsor is in receipt of Ontario Works, ODSP,
Guaranteed Income Supplement under the Old Age
Security Act or Gains-A
46Exemptions (contd)
- the sponsor is deceased or,
- the sponsorship has broken down due to family
violence verified by a third party and sponsoree
has moved out of the sponsors home.
47Implications of a Breakdown due to Abuse or
Family Violence
- Abuse can be physical, emotional, verbal, sexual,
psychological, and economic. It includes assault
and battery, constant threats, stalking, and
psychological violence. - All types of abuse have one thing in common
they create fear.
48Abuse/family violence (contd)
- May be forced to apply for social assistance
(doesnt have to ask sponsor for assistance) - Report any alleged incident of abuse and/or
family violence in your application for OW or
ODSP - Will have 3 months to establish the allegation
49Abuse/family violence (contd)
- Can be confirmed by a letter from any of the
following
Law Enforcement Officer Lawyer Teacher Medical Doctor Social Worker Social Service Worker Shelter Worker Member of the Clergy Guidance Counselor Victim Service Worker Settlement Services Worker Community Health Care Worker
50Abuse/family violence (contd)
- Additional time may be provided as required.
- If confirmed, referral of the case to debt
collection is deferred for up to 12 months. - CIC will register the default but no letters will
be sent to sponsor by either CIC or Social
Services.
51Abuse/family violence (contd)
- If abuse and/or family violence has been
resolved, the case can be referred for debt
collection.
52Abuse/family violence (contd)
- For a minor under 16
- Childrens Aid Society will make a risk
assessment. - Abandonment of a child could be considered abuse
in itself and abandoning sponsor could be
prosecuted.
53Abuse/family violence (contd)
- If sponsor has been convicted of a sexual offence
or an attempt, threat to commit a sexual offence,
she or he is not eligible to sponsor again even
if the sponsorship debt is paid off.
54Abuse/family violence (contd)
- Myths
- No rights during sponsorship period.
- Must live with abusive sponsor/spouse
- Can be deported, even if they are permanent
residents
55What if sponsor has the documents?
- Can apply to CIC for a certified copy
- Community worker can request the police to go to
sponsors house with sponsoree for safety.
56What can sponsoree do when there is abuse or
family violence?
- Abuse and family violence are not accept-able in
Canada and are considered a crime. - Seek legal advice.
- In an emergency call 911.
- Obtain crisis counselling, emotional support, and
referrals to shelters for women Assaulted
Womens Helpline
57ADDITIONAL INFORMATION, HELP AND REFERRALS
- Immigrant Serving Organizations
- 211 Information Referral Service
- Community Legal Clinics
- Assaulted Womens Helpline
- Ontario Works (OW) or Ontario Disability Support
Program (ODSP) - Overpayment Recovery Unit (ORU)