How and why is the sponsoring partner/spouse financially responsible for the sponsored beloved?

When you sponsor your common-law/conjugal partner or spouse, you promise, or in legalese, “undertake”, to financially support and take care of your beloved and any of their dependent children, including their basic needs such as housing, clothing, food, as well as any health needs not provided by public services such as dental or eye care. The idea is that your partner is to be admitted to Canada based on the fact of your relationship alone and therefore, there is no expectation for them to be self-sufficient. You, as the sponsor, carry the financial burden for them.

How long is the sponsoring partner/spouse financially responsible for the sponsored beloved?

The undertaking lasts at the very minimum 3 years and is triggered by your partner/spouse becoming either a temporary or permanent resident in Canada after submission of sponsorship application. To give real life-examples of what it means, let’s review these situations:

• having submitted sponsorship application outside of Canada, your beloved enters Canada on a temporary resident permit (for instance, on a study or work permit), from which point you are financially responsible for them,
• your partner submits their sponsorship application inland (i.e. from within Canada while being already here) and while the application is reviewed, receives a temporary resident permit, upon which you become financially liable for them,
• your partner remains outside of Canada and becomes a permanent resident by having their sponsorship application granted, from which point you become monetarily responsible for them.

Under the current law, you remain financially liable for your sponsored partner or spouse for 3 years from the day, on which your partner or spouse becomes a permanent resident.

As a sponsor, you may withdraw your undertaking only before your partner or spouse is issued either a temporary or permanent resident visa. If you, as a sponsor, proceed with the undertaking, be aware that it is a contract between the sponsor and the government, and not the sponsor and the sponsored partner/spouse. In effect, you will remain bound by it to the Canadian government regardless of any life changes. For instance, if you break up after the undertaking kicks in, you will still be on the hook for any social assistance that your ex-partner/spouse receives throughout the length of the undertaking. You will have to pay back the government if your ex-partner/spouse receives governmental support.

Does the undertaking matter in divorce proceedings?

Yes. The undertaking is a concept strictly in the realm of Canadian immigration law, and not family law. It is not the same as spousal support. However, the undertaking might become a factor in divorce proceedings and thereby, a basis for ordering spousal or child support.

Part I of this article (**hyperlink**) mentions that a divorce pertains solely to married couples, and not common-law/conjugal partners. It occurs when a court officially ends a marriage. As part of divorce proceedings, spouses may request both child support and spousal support. The undertaking is not only a relevant, but a strong factor in favor of ordering such support.

One of the examples where the undertaking played a major role in the order and the amount of spousal support is the case of the Singh family. (For the readers interested in the Court’s decision, see Singh v. Singh, 2013 ONSC 6476, 2013 CarswellOnt 14291 (Ont. S.C.J.).)  The couple married in India. Mr. Manpreet Singh decided to sponsor his wife, Mrs. Manjot, as a permanent resident so she could join him in their new Canadian life. Leaving her prestigious job as a marketing and sales analyst, Mrs. Manjot arrived in Canada during the pendency of the application. Once here, she was able to get hired as a sales representative. The couple separated 2 months later. Their marriage lasted only 7 months in total. They had no children. During the divorce proceedings, Mrs. Manjot accused her husband of abandonment after she gave up her career, family, and country for him. Having heard from both sides, the Court ordered – based specifically on the undertaking agreement – Mr. Manpreet to pay his ex-wife, among other expenses, interim support of $400 per month.

The above story of the Singh family shows that the undertaking might be a major factor in issuing spousal support even in cases of very short marriages and marriages where the couple had no children. This is precisely why, both a sponsoring and sponsored spouse should fully understand the legal meaning of the undertaking within the spousal sponsorship application. They must also realize its impact, should the couple decide to divorce.

Having read the above, if you find yourself needing help with how the undertaking affects your specific situation, contact an immigration lawyer immediately.