Updated on February 28, 2025 by canadian immigration experts
As a sponsor in a spousal/partner’s sponsorship application, you are not only expressing your love and commitment to your partner but also making a legally binding promise to the Canadian Government to carry a financial responsibility for your spousal/partner. This promise is formalized in the Sponsorship Agreement and the Undertaking. Understanding these documents and your responsibilities is crucial.
What is the Sponsorship Agreement?
The Sponsorship Agreement is an agreement between you (the Sponsor) and the Government of Canada. In this agreement, you commit to:
- Providing for the basic needs of your sponsored spouse, common-law partner, or conjugal partner.
- Adhering to the terms and conditions outlined in the Immigration and Refugee Protection Act (IRPA) and its regulations.
- Acknowledging that you understand your responsibilities as a sponsor.
What is Undertaking?
The Undertaking is your legally binding promise to financially support your sponsored spouse/partner for a specific period, regardless of whether the relationship continues.
What “Basic Needs” Must You Provide?
As a sponsor, you are responsible for ensuring that your sponsored spouse/partner has access to the following basic needs for the duration of the undertaking:
- Food: Providing sufficient and nutritious food.
- Clothing: Providing adequate clothing appropriate for the Canadian climate.
- Shelter: Providing safe and adequate housing.
- Medical Care: Ensuring access to medical care, including:
- Health care services not covered by public health insurance: This could include prescription medications, dental care, eye care, and other services not covered by provincial healthcare plans. It is essential that the sponsored person obtain private health insurance to cover these costs, especially during any waiting period before they become eligible for provincial healthcare.
- Dental Care: Ensuring access to necessary dental care.
- Eye Care: Ensuring access to necessary eye care, including eyeglasses or contact lenses.
- Other Basic Necessities: Ensuring access to other essential items and services needed for daily living.
Duration of the Undertaking:
The undertaking period for Canadian spousal sponsorship is three (3) years from the date your sponsored spouse/partner becomes a permanent resident of Canada. This means that you are financially responsible for three years, regardless of any changes in your relationship status.
Consequences of Failing to Meet Your Obligations:
Failing to meet your obligations under the Sponsorship Agreement and Undertaking can have serious consequences:
- Barred from Sponsoring in the Future: You may be barred from sponsoring any other family members in the future.
- Repaying Social Assistance: If your sponsored spouse/partner receives social assistance during the undertaking period, you will be required to repay the full amount of the assistance to the government.
- Legal Action: The government may take legal action against you to recover the costs of social assistance provided to your sponsored spouse/partner.
- Negative Impact on Future Immigration Applications: Failing to fulfill your sponsorship obligations can negatively impact any future immigration applications you may submit.
What Happens if the Relationship Breaks Down?
This is a critical point to understand: You are still responsible for fulfilling the undertaking, even if your relationship with your sponsored spouse/partner ends.
- Legal Obligation Remains: The undertaking is a legally binding agreement with the Canadian government, not with your spouse/partner. Your obligation to financially support them for three years remains, even if you separate or divorce.
- Limited Exceptions: There are very limited exceptions to this rule. You may be released from your undertaking obligations if your sponsored spouse/partner:
- Becomes a Canadian citizen.
- Leaves Canada permanently.
- Passes away.
Protecting Yourself:
While you cannot avoid your legal obligations, there are steps you can take to protect yourself:
- Ensure Financial Stability: Before sponsoring someone, ensure that you are financially stable and able to meet the obligations of the undertaking.
- Communicate Openly: Maintain open communication with your spouse/partner about financial matters and expectations.
- Seek Legal Advice: If you are considering separating or divorcing, seek legal advice to understand your rights and obligations.
The Sponsorship Agreement and Undertaking are serious commitments. Before sponsoring your spouse/partner, carefully consider your responsibilities and ensure that you are prepared to meet them for the duration of the undertaking.
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