Immigration and Refugee Law
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No. A spousal sponsorship undertaking does not end when the relationship ends. When you sponsor your spouse, common-law partner or conjugal partner, you sign a legal promise to the Government of Canada. Under subsection 132(1) of the Immigration and Refugee Protection Regulations, that promise lasts three years from the day your partner becomes a permanent resident, and Immigration, Refugees and Citizenship Canada (IRCC) says it cannot be cancelled or shortened once permanent residence is granted. If your former partner receives social assistance during that period, you may be asked to repay it, even after separation or divorce. This guide and video explain how the undertaking works, what the government can do to collect, and what sponsors should think about before and after a relationship breaks down.
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Correction: in the video, the 10-year period for dependent children is described as applying to children “under 21”. Under subparagraph 132(1)(b)(ii) of the Regulations, it applies to dependent children who are under 22 on the day they become permanent residents. The table below reflects the correct rule.
An undertaking is a legal promise the sponsor makes to the Minister of Citizenship and Immigration (and, in Quebec, to the Government of Quebec). In it, the sponsor promises to provide for the basic needs of the person they sponsor, so that person does not need social assistance. IRCC explains that basic needs include food, clothing, shelter, and dental and eye care that public health services do not cover.
Under subsection 132(1) of the Regulations, the undertaking obliges the sponsor to reimburse the federal or provincial government for every benefit provided as social assistance to the sponsored person and their family members during the undertaking period. Social assistance generally means government income support, such as provincial welfare (in British Columbia, income and disability assistance).
The sponsored spouse or partner also signs a sponsorship agreement, promising to make every reasonable effort to support themselves.
The period starts on the day the sponsored person becomes a permanent resident (or earlier, in limited cases involving a temporary resident permit). It ends as follows:
| Sponsored person | Length of the undertaking |
|---|---|
| Spouse, common-law partner or conjugal partner | 3 years from permanent residence |
| Dependent child under 22 on the day they become a permanent resident | 10 years, or until the child turns 25, whichever comes first |
| Dependent child 22 or older on the day they become a permanent resident | 3 years from permanent residence |
| Parent or grandparent (and their accompanying family members) | 20 years from permanent residence |
Source: Immigration and Refugee Protection Regulations, SOR/2002-227, s. 132(1). These are the baseline federal periods. Undertakings given to a province can set different limits for dependent children (s. 132(2)), and Quebec has its own undertaking and rules.
This is the point most sponsors miss. IRCC states that once the people you sponsor become permanent residents, there is no way to cancel or shorten the undertaking period. You remain responsible even if:
Courts have taken the same approach. In Manitoba v. Kabamba, 2006 MBQB 201, the court held that the undertaking does not depend on whether the sponsored person still lives with the sponsor, and that a relationship breakdown in which the sponsored person left did not prevent recovery of social assistance from the sponsor. In practice, this means a sponsor who separates in year one can still be asked to repay social assistance their former partner receives in years two and three. A family law separation agreement or court order between the spouses does not, on its own, change the sponsor’s obligation to the government. If you are separating, it is important that your family lawyer and your immigration lawyer both look at the undertaking. Read more about family law in British Columbia and our family law services.
If the sponsored person receives social assistance during the undertaking period, the sponsor is in default. Under section 135 of the Regulations, the default begins when the government makes a payment the sponsor promised to repay, and it ends only when the sponsor repays the government in full or in accordance with an agreement with that government.
Under subsection 145(2) of the Immigration and Refugee Protection Act, an amount a sponsor must pay under an undertaking is payable on demand and can be recovered by the federal government, the province, or both, and subsection 145(3) says the debt may be recovered at any time. Under section 146, the Minister can certify the unpaid amount and register it in the Federal Court, where it has the same effect as a court judgment.
A default also has immigration consequences. Under paragraph 133(1)(g) of the Regulations, a sponsorship application can be approved only if the sponsor is not in default of any sponsorship undertaking (or of court-ordered support payments). In other words, until the debt is repaid or an agreement is in place and honoured, you generally cannot sponsor anyone else, including a new spouse or partner. Different rules apply to sponsors who live in Quebec.
The Supreme Court of Canada considered sponsorship debts in Canada (Attorney General) v. Mavi, 2011 SCC 30. It held that sponsorship debts are statutory as well as contractual and are enforceable. The government can delay collection or agree to payment terms having regard to the sponsor’s circumstances, but it cannot simply forgive the debt. Before filing a certificate of debt in the Federal Court, the government must notify the sponsor, give the sponsor a limited opportunity to explain in writing their personal and financial circumstances, consider those circumstances, and tell the sponsor its decision. Inability to pay may support a delay or a payment plan; it does not erase the debt.
A sponsor can ask to withdraw a sponsorship application only before the sponsored person becomes a permanent resident. IRCC states that if a withdrawal request is processed after the person becomes a permanent resident, the sponsor remains responsible for the full undertaking period.
If your relationship is breaking down while the application is still in process, you should get legal advice quickly. Withdrawing affects the sponsored person’s status, and both of you must also be truthful with IRCC about any change in your relationship. See our article on divorce or separation before permanent residence.
Sponsors who live in Quebec sign a separate undertaking with the Government of Quebec, which sets its own undertaking periods and rules. This guide focuses on the federal rules that apply outside Quebec, including in British Columbia and Ontario.
Imagine a sponsor who sponsors her husband. He becomes a permanent resident, and one year later they separate. If he receives social assistance in the second year, the province may ask the sponsor to repay that amount, even though they are no longer together. Until it is repaid, she generally cannot sponsor anyone else. This is a hypothetical example only; every case depends on its own facts.
Speak with a lawyer if you are about to sponsor a spouse or partner, if your relationship has broken down during or after the sponsorship, if you have received a letter about repaying social assistance, or if a previous default is stopping you from sponsoring someone new. Learn about our family sponsorship services. A lawyer can review your documents, explain your options and help you respond to the government. If you sponsored your parents or grandparents, see our article on what happens if sponsored parents receive social assistance.
No. IRCC states that once the sponsored person becomes a permanent resident, the undertaking cannot be cancelled or shortened, even if your relationship changes. Separation and divorce do not end it.
Three years from the day your spouse, common-law partner or conjugal partner becomes a permanent resident, under subparagraph 132(1)(b)(i) of the Immigration and Refugee Protection Regulations. Quebec has its own rules.
For a dependent child under 22 on the day they become a permanent resident, 10 years or until the child turns 25, whichever comes first. For a dependent child who is 22 or older, three years.
Generally, government income support such as provincial welfare. In British Columbia, that includes income and disability assistance. Health care, such as provincial medical coverage, is not social assistance.
The sponsor may be asked to repay the amount. The debt can be recovered by the federal or provincial government, and until it is repaid, the sponsor generally cannot sponsor anyone else.
Generally not. Under paragraph 133(1)(g) of the Regulations, a sponsorship can be approved only if the sponsor is not in default of any sponsorship undertaking.
No. IRCC states that you remain responsible even if the person you sponsored becomes a Canadian citizen.
Only before the sponsored person becomes a permanent resident. After permanent residence, a withdrawal does not end your responsibility for the full undertaking period.
Not on its own. An agreement between spouses does not change the sponsor’s undertaking to the government, so both your family law and immigration obligations should be reviewed together.
No. IRCC states that financial problems, such as job loss or debt, do not end your responsibility.
Yes. Section 145 of the Immigration and Refugee Protection Act treats amounts owing under an undertaking as a debt that can be recovered. The Supreme Court of Canada has also said the government must act fairly when collecting.
No. Sponsors in Quebec sign a separate undertaking with the Government of Quebec, which has its own periods and rules.
If you are thinking about sponsoring a family member, or you are already a sponsor and your relationship has changed, you can book a confidential consultation with a lawyer at Pax Law Corporation.
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Disclaimer: This article is general information only and is not legal advice. It is based on the Immigration and Refugee Protection Act, its Regulations, IRCC guidance and court decisions as of the date of publication. The law changes, and every case depends on its own facts. Reading this article does not create a lawyer-client relationship. Please speak with a lawyer about your own situation before acting.
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