What to do After a Spousal Sponsorship Breakdown (2024)

What to do After a Spousal Sponsorship Breakdown (1)

As a Canadian immigration law firm, we’ve come across situations where the relationship between the sponsored partner or spouse and the sponsor fails to work. In such a situation, the immigration process can be significantly affected. We help clients who are experiencing a sponsorship breakdown by explaining their options and providing sound legal advice.

What’s a sponsorship breakdown?

As a Canadian sponsor, you are required to offer your foreign spouse financial support for at least three years after the spouse’s permanent residence application is approved. A sponsorship breakdown occurs when a sponsor is unable or unwilling to provide the applicant with the financial support he/she needs. In other times, the sponsor may withdraw their sponsorship during the course of the spouse’s permanent residence application, causing the application to be refused. These situations are best described as a sponsorship breakdown.

A sponsorship breakdown can occur when:

  • The sponsor loses their income hence is unable to support the applicant financially
  • The foreign spouse goes on welfare / social assistance
  • The sponsor withdraws their support for his/her own personal reasons

How will you be affected?

If you experience any of the situations described above, speak to a spousal sponsorship lawyer who will help you to navigate the issue. Sometimes in the course of a spouse or partner sponsorship application the Canadian sponsor changes his or her mind about the relationship and withdraws their sponsorship. If the sponsored spouse’s permanent residence application is still in process when the sponsorship is withdrawn, then the immigration authorities will refuse the permanent residence application. If this happens, and then the couple later reconciles, it will be necessary to file a new sponsorship application and start the process all over again.

Another situation of sponsorship breakdown is where the foreign spouse or partner arrives in Canada then is not supported by the Canadian sponsor and goes on welfare / collects social assistance. In such a situation the Canadian sponsor will be considered to have breached their obligations as a sponsor and the government can ask them to pay back the welfare money the foreign spouse has collected.

It should be noted that once a sponsored spouse or partner obtains permanent residence that the sponsorship cannot be withdrawn, even if the relationship breaks down. This means that the Canadian sponsor is financially responsible for their foreign spouse or partner for a period of three years even if the relationship breaks down before then. Canadians wishing to sponsor should therefore consider that sponsoring a spouse or partner could potentially result in significant financial liability in the event of a sponsorship breakdown.

What to do After a Spousal Sponsorship Breakdown (2024)

FAQs

What happens if your immigration sponsor withdraws? ›

If you have already obtained U.S. residence (either through consular processing or adjustment of status), and you didn't commit fraud in the process, you probably don't need to worry. Even if your petitioner attempts to withdraw support, it will not likely affect your immigration status.

What is a sponsorship breakdown? ›

A sponsorship breakdown is an official declaration that a sponsor can't or won't meet the responsibilities of its sponsorship undertaking (the form it signed to sponsor a refugee). This means the sponsor can't or won't support the refugee after they arrive in Canada.

How long are you financially responsible for someone you sponsor? ›

An Affidavit of Support is legally enforceable. The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act.

What is the disadvantage of sponsoring an immigrant? ›

Financial Responsibility: There's no denying that sponsoring an immigrant can be costly. From visa application fees and legal costs to potential salary requirements, the financial investment can be significant. Businesses also often need to demonstrate their financial ability to support the immigrant employee.

How can sponsorship have a negative impact? ›

Disadvantages for sport

A performer can become reliant on a particular sponsor, which could then pull out. Some sponsorship (for example, alcohol) gives a bad image to sport. Generous sponsorship is only available to the elite few. Performers, teams and events can be manipulated or exploited to suit the sponsor.

Can a sponsor cancel the sponsorship? ›

If you want to withdraw your sponsorship of an immigrant who has not yet become a lawful permanent resident, you need to send a written request to USCIS. In the letter, you must explain your reasons for withdrawing your sponsorship and provide evidence to support your decision.

What are the consequences of green card abandonment? ›

Consequences of Green Card Abandonment

If you surrender or abandon your green card, you cannot undo your choice. Without a green card, you usually need to file a visa application to travel to the United States. If you are a citizen of certain countries, you can travel without a visa under the Visa Waiver Program.

Can a sponsor revoke a green card after approval? ›

Can a Petitioner Cancel a Green Card? It's much more difficult to cancel a green card once it has been approved. After an immigrant has received full status as a United States citizen, the fraudulent activity would have to be proven.

How long is a spouse responsible for an immigrant? ›

An affidavit of support is a legally enforceable contract, and the sponsor's responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).

Can you break a sponsorship? ›

You can end a sponsorship agreement before its expiration date if the other side has not fulfilled its obligations. This is called a “breach.” Accordingly, you should identify the breach and then gather any evidence that you have.

What is the minimum income to sponsor a spouse? ›

2024 Income Requirements for Green Card Sponsors

The most common minimum annual income required to sponsor a spouse or family member for a green card is $25,550. This assumes that the sponsor — the U.S. citizen or current green card holder — is not on active military duty and is sponsoring only one relative.

How long are you financially responsible for your immigrant spouse after divorce? ›

The spouse who files the Affidavit of Support is referred to as the sponsoring spouse. The sponsoring spouse must generally provide financial support until the immigrant becomes a U.S. citizen or has completed 40 quarters of work.

How long are you financially responsible for an immigrant you marry? ›

Yes, if you have submitted an Affidavit of Support.

Typically, this obligation continues until your spouse becomes a U.S. citizen, accrues 40 qualifying work quarters in the U.S. (roughly 10 years), permanently departs the country, or passes away.

Are you financially responsible if you sponsor someone? ›

The spouse who files the Affidavit of Support is referred to as the sponsoring spouse. The sponsoring spouse must generally provide financial support until the immigrant becomes a U.S. citizen or has completed 40 quarters of work.

What is the acceptance rate for spousal sponsorship? ›

In addition, the approval rate for spousal temporary resident visas increased from 55% in 2022 to 75% between January and September 2023.

How much assets do I need to sponsor my spouse? ›

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income.

Why would sponsorship be denied? ›

Misrepresentation in the Application Form

All parties involved in the sponsorship application—sponsor as well as sponsored family members—are required by law to provide accurate information in the application. Any misrepresentation, accidental or deliberate, shall result in the application being denied.

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