You may NOT sponsor if |
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bolita03
Junior Member Joined: 28 Jun 2011 Status: Offline Points: 17 |
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Posted: 26 Sep 2011 at 3:03pm |
You may NOT sponsor if: • you have an undertaking for a previous spouse or common-law partner that is still valid Does this clause only apply to the spouse? What if there's children involved, my ex has two daughters which I'm still responsible for since it's a 10 year undertaking, does that mean I can't sponsor anyone else for 10 years? Thanks! |
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Harmonia
Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609 |
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I'm pretty sure you are ineligible for another sponsorship until you have completed the first one.
What are the details? I am assuming that you sponsored your ex AND your ex's children - in which case you are committed to the original undertaking until it's completion (meaning, divorce does not 'free you' from your obligations).
If I recall correctly, you're on the hook for 3 years with your spouse, and 10 for dependents.
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bolita03
Junior Member Joined: 28 Jun 2011 Status: Offline Points: 17 |
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Hi there,
I was afraid of that. Short history, I sponsored my ex with two daughters our marriage broke down, she went back to her country permanently with the two kids. The 10 years for the children have not passed, only my ex's undertaking has expired, and I'm with someone that's not Canadian and I'm gathering information on doing a second sponsorship. I was reading through the requirements and came upon that clause, I wasn't sure if that included the kids or just my ex. |
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Harmonia
Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609 |
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So, you made me curious - and I went digging and came up confused. I read:
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:
Note - there is no mention of the 10 year obligation. I would call them and ask. It's a grey area. The only place I can see a written number is 3 years... with no mention of your undertaking to the children. Interesting.
How old are the kids? Once they turn 25, you are not responsible for them any longer. Not sure if that helps. Not even sure it matters.
Call CIC and let us all know what they tell you.
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Citizenship App Sent: December 2012
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Harmonia
Senior Member Joined: 03 Dec 2009 Status: Offline Points: 609 |
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I looked at the undertaking form ( http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344E.PDF ) and it looks like they only care about persons you sponsored previously and only if they have taken social assistance. On the next page, it identifies the undertaking - specifically that, divorce notwithstanding, you are responsible for your spouse for 3 years, and the children for 10.
The kicker is this line:
I understand that I will not be able to sponsor (or co-sign) if I am in defualt of the undertaking.
I am assuming you're not in default right now (unless you ex was on social assitance and you haven't paid it back).
I have a good feeling about you being eligible. Here's hoping.
Edited by Harmonia - 27 Sep 2011 at 1:53pm |
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Citizenship App Sent: December 2012
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bolita03
Junior Member Joined: 28 Jun 2011 Status: Offline Points: 17 |
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Hi Harmonia,,
Thanks for the info, I went digging myself and came up with the same answer. I also called to make sure and it looks like I can, I wouldn't be able to if my ex's undertaking was still in effect. As for the kids one is about to turn 20 and the other just turned 7 so a few more years to go, they're no longer in Canada though. |
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