Canada Sponsorship Termination Guide: Handling Conflicts And Protecting Your Rights
Family sponsorship in Canada allows families to reunite, but sponsors take on financial and legal responsibilities. Sometimes, due to various reasons, sponsorship continuation becomes impossible, leading to sponsorship termination. Disagreements or differences of opinion may prompt a sponsor to withdraw or revoke the application. It’s crucial for both the sponsor and the sponsored individual to understand the process of sponsorship termination. This guide answers common questions about the termination, revocation, or withdrawal of sponsorship. To navigate this process smoothly, seek expert help from certified immigration professionals like Canada Shaws, who offer personalized guidance and free consultations. You can book a free orientation with our experts to get your situation sorted.
What is Sponsorship Termination in Canada?
Sponsorship termination refers to the act of ending the sponsorship agreement between a Canadian citizen and their partner or spouse. This can take place either before or after the permanent residence status has been granted. Each termination case may vary from the other due to different circumstances.
- Sponsorship is an agreement with Immigration, Refugees and Citizenship Canada to sponsor your spouse or partner.
- The sponsor can withdraw the application before approval. However, the dues are not refundable.
- If the sponsor withdraws the application once the PR has been granted, they will still be responsible for the financial support of the sponsored person for up to three years. Sponsorship termination does not cancel the financial responsibility.
Reasons for Sponsorship Termination
There can be several reasons for the termination or withdrawal of the sponsorship.
- One of the most common reasons for the sponsorship termination is the end of relationships between spouses and partners. If the separation takes place before the PR has been granted, the sponsor can withdraw their application. However, if the relationship ends after the PR has been granted, the sponsor will still be responsible for the finances of the sponsored partner, regardless of the relationship.
- If IRCC suspects any misconduct or false information, it can start an investigation of the sponsorship and can eventually terminate it.
- If the sponsor is found ineligible to bear the expenses of the sponsored partner, it can lead to the termination of the sponsorship.
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Withdrawing a Spousal Sponsorship Application
The applicant can request the withdrawal of the sponsorship application anytime before the sponsored partners are given the permanent resident status. Once they become permanent residents, the sponsors are legally responsible for the basic needs of the sponsored partners for a period of three years. You can apply for withdrawal using a web form through the IRCC website.
Revoking Spousal Sponsorship After Approval
There is confusion regarding the fact that revoking the sponsorship after permanent residence status will remove the financial responsibility.
- The sponsor will continue to fulfill their financial responsibility towards the sponsored partner even after revoking the agreement.
- If the sponsored partner requests social assistance, the government can recover that from the sponsors if the relationship has ended.
Withdrawing Sponsorship Before Permanent Residency (PR)
Withdrawing a sponsorship application before the permanent resident status involves an easier process.
- Sponsors can request the withdrawal of the application through the IRCC website. If the application is in process, IRCC will immediately stop the process. In some cases, the applicant can also get a refund.
- In this process, the sponsored spouse has to leave Canada after the expiry of the temporary resident status.
Cancellation of Sponsorship After Separation
There is a common question arising in the minds of those couples who get separated: What happens if the relationship ends after PR approval?
- Even after separation, the sponsor is bound to entertain the financial rights of the sponsored partner.
- If PR has been granted, you can not request IRCC to end the sponsorship agreement. The sponsors have to abide by the undertaking for the period of three years.
How to Handle Conflicts: Legal Rights & Responsibilities
Understanding the rights and responsibilities before moving towards the spousal sponsorship termination is necessary.
Sponsor’s liabilities & rights
- The sponsor has the right to withdraw the application anytime before the government finalises the PR decision.
- The sponsor has the right to seek legal guidance before making a decision.
- A sponsor is responsible for taking care of the needs of the sponsored partner, regardless of the relationship.
- If the sponsored person has received assistance from the government, the sponsor is responsible for repaying that to the government.
Sponsored spouse’s rights and responsibilities
- Once granted, the permanent residence can not be revoked.
- Sponsored spouses can access the legal remedies in case of a problem, such as financial disputes, etc.
Practical Steps to Protect Yourself During Sponsorship Termination
There are some practical steps that can be taken before seeking legal help.
- Try to communicate with your sponsor and resolve the conflict before it worsens.
- Keep all the communication records with your sponsor safe.
- Maintain a record of your financial transactions.
- In case of fraud, involve a lawyer or legal expert.
- Keep the copies of the documents related to sponsorship safe.
Seek Help From Canada Shaws’ Experts
Sponsorship termination can be stressful, especially for the sponsored spouses. The process involves legal and financial consequences. It is mandatory to seek help from dedicated and expert lawyers. Canada Shaws’ experts provide help related to all immigration matters. Our team of immigration experts and lawyers will analyse your situation and recommend the best solution possible. Get a Free Consultation today!
Conclusion
The process of sponsorship termination involves complex legal matters. It can be challenging for both the sponsor and the sponsored spouses. Staying informed of the legal implications is the key to navigating the matter smoothly. It is crucial to understand the difference between the withdrawal and the cancellation of the sponsorship. Things can be entirely different once the permanent residence has been granted to the sponsored partners.
Seeking legal advice from Canada Shaw’s lawyers can help you handle the matter with clarity and confidence.
Frequently Asked Questions (FAQs)
The sponsor is responsible for the financial needs of the sponsored partner for a period of three years.
Even if a couple divorces, the sponsor remains financially responsible for the sponsored spouse for three years after they become a permanent resident.
Permanent residents of Canada or anyone who has gained citizenship since moving to Canada cannot lose their status or be removed from the country when their marriage ends.
The full spousal sponsorship process takes 10-12 months, which is in line with Immigration, Refugees and Citizenship’s (IRCC) stated service standard.
You can request IRCC to withdraw your sponsorship application at any time before the people you’re sponsoring get permanent resident status. You may be able to get a refund if the application process has not begun.
