Understanding the Legal Impact of Sponsorship Undertakings in Family Law
Sponsoring a spouse for permanent residency in Canada is a significant commitment—one that extends beyond just helping them immigrate. When a sponsor signs a sponsorship undertaking, they legally agree to provide for the basic needs of their spouse for a specific period, even if the relationship breaks down.
A recent Ontario case highlighted this issue, confirming that sponsors remain financially responsible even after separation or divorce. This blog explores how Canadian courts view sponsorship obligations in the context of spousal support and why understanding these commitments is crucial.
What is a Sponsorship Undertaking?
When a Canadian citizen or permanent resident sponsors a spouse, they must sign a sponsorship undertaking—a binding contract with Immigration, Refugees and Citizenship Canada (IRCC). This document states that the sponsor must provide:
✔ Basic necessities such as food, shelter, clothing, and utilities
✔ Health needs not covered by public healthcare (e.g., dental and eye care)
✔ Financial support so the sponsored spouse does not need to apply for social assistance
How Long Does the Sponsorship Obligation Last?
- For spouses, common-law partners, and conjugal partners, the undertaking lasts three years from the date the sponsored person becomes a permanent resident.
- This obligation remains in effect even if the couple separates or divorces.
The critical question is: how does this sponsorship obligation interact with spousal support under Canadian family law?
Court Rulings on Sponsorship and Spousal Support
The Ontario courts have ruled that sponsorship undertakings are “very much relevant” in determining spousal support. Section 15.2(4)(c) of the Divorce Act allows courts to consider any agreement between the parties, including sponsorship contracts, when awarding spousal support.
In a case, a husband sponsored his wife from Fiji. When they separated, the court ruled:
“There is no doubt that the sponsorship agreement is a contractual arrangement between the husband and the Government of Canada. It imposes an obligation on the husband to provide for and maintain his wife.”
This ruling clarified two important points:
- A sponsorship agreement creates a contractual duty for support, even if the couple separates.
- The sponsorship obligation does not override spousal support laws but must be considered in determining financial obligations.
Recent Ontario Case: Sponsorship and Spousal Support After Separation
In a recent Ontario case, the sponsor (Applicant) had signed a sponsorship undertaking on August 24, 2018. Following the separation, the sponsor argued that their obligation to support their spouse should end. However, the court reaffirmed that the undertaking remains binding until August 24, 2021—three years after permanent residency was granted.
Key Legal Takeaways for Sponsors and Sponsored Spouses
1. Sponsorship Undertakings Create a Legal Obligation for Support
When signing a sponsorship agreement, a sponsor commits to financially supporting their spouse for three years. This obligation remains in effect even after separation or divorce.
2. Courts Consider Sponsorship Agreements in Spousal Support Cases
While family law principles ultimately determine spousal support, courts recognize sponsorship undertakings as enforceable contracts. They may be considered under the Divorce Act when determining financial obligations.
3. Sponsorship Obligations Do Not Override Family Law
The court in Samy v. Samy ruled that while sponsorship undertakings must be respected, they cannot impose obligations greater than those set out by Canadian family law. This means that after three years, the sponsor’s obligations under the immigration agreement end, but spousal support may still be required based on other legal factors.
What Does This Mean for Sponsors and Sponsored Spouses?
✔ For Sponsors: You cannot avoid sponsorship obligations by separating or divorcing. You are responsible for financial support for the agreed period.
✔ For Sponsored Spouses: If your sponsor stops supporting you before the three-year period ends, you may have legal grounds to enforce the sponsorship agreement in court.
✔ For Family Law Practitioners: When handling spousal support claims, it is essential to consider the impact of a sponsorship undertaking on financial obligations.
Final Thoughts: Navigating Sponsorship and Family Law
Sponsoring a spouse is not just an immigration process—it carries long-term legal and financial responsibilities. If you are considering sponsorship or facing legal issues related to spousal support, consulting an experienced family law and immigration lawyer is crucial.
Understanding your rights and obligations can help avoid financial disputes and ensure legal compliance. Whether you are a sponsor, a sponsored spouse, or a family lawyer handling such cases, being aware of how sponsorship undertakings intersect with family law is essential.
Need Legal Advice on Sponsorship or Spousal Support?
If you have questions about sponsorship obligations, spousal support, or family law matters, contact our experienced legal team today. We provide personalized legal guidance to help you navigate complex family law and immigration issues.
📞 Call us today for a consultation at (289) 652-0529!
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.