SPONSORSHIP
What is the legal status of the sponsored relative?
When the Record of Landing form has been stamped, the sponsored
relative becomes a permanent resident, with all the rights
and responsibilities that go with the status. (see Fact Sheet
8: Rights and Responsibilities.)
People who come to Canada as a spouse or fiance(e) under
the family class category will also be landed as permanent
residents. If the marriage breaks down or if the husband/wife
is deported, the spouse is not obliged to leave and may remain
in Canada.
Is the sponsor responsible for the sponsored person's
income tax or debts? Or vice versa?
No. As permanent residents, sponsored people are responsible
for paying their own income tax or debts. Neither the sponsor
nor the sponsored person is responsible for the other's income
tax or debts unless they co-sign.
What if the sponsor is unable to fulfill the sponsorship
agreement?
Sponsored immigrants, like other residents of Canada, may
qualify for social benefits, which are paid for from taxes.
However, these benefits are not an automatic right and each
has eligibility requirements and maximum allowable benefits.
The sponsor's income may be considered when deciding if the
sponsored immigrant can receive these benefits.
Sponsorship is a legal contract between the government and
the sponsor and a promise by the sponsor to provide for the
needs of the sponsored immigrant without resorting to social
benefits. Therefore, the sponsor may be required to repay
the government the public costs incurred by the sponsored
person(s) and the sponsor will not be permitted to make future
sponsorships.
Are there any further qualifications?
Yes. Before people are admitted to Canada, they must have
a valid passport. They must also pass health and security
requirements which check for serious diseases, health problems
or criminal behaviour which may be reasons for refusal.
They can be refused if, in the opinion of a qualified medical
professional, their health is so poor that they would make
too many demands on Canada's health system or they represent
a threat to public health.
Can someone lose the right of residence in Canada?
Yes. Permanent residents may lose the right of residence
in Canada for the following reasons:
- If they leave Canada with the intent of abandoning it
as their place of permanent residence;
- By staying outside Canada for more than 183 days out of
one year;
- By reason of a deportation order.
Can a sponsor have a sponsored relative deported?
No. The sponsorship agreement is an agreement between the
sponsor and the Canadian government.
How and why can someone be deported from Canada?
Deportation orders can only be issued after a hearing (Immigration
Inquiry) before an official to decide if a person has violated
the Immigration law by:
- Using a false passport or other fraudulent means to gain
initial entry,
- Being convicted under the Criminal Code of Canada and
sentenced to more than six months imprisonment.
The person has the right to legal counsel at this hearing.
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