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Difference between revisions of "Newcomers to Canada and Family Law"
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Newcomers to Canada and Family Law (view source)
Revision as of 17:49, 4 July 2019
, 17:49, 4 July 2019→Sponsor’s Obligations
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Both family and immigration law outline a stepparent’s obligation to provide for the sponsored dependent in some way. | Both family and immigration law outline a stepparent’s obligation to provide for the sponsored dependent in some way. | ||
Section 147(4) ''Family Law Act'' states that “A child’s stepparent does not have a duty to provide support for the child unless | Section 147(4) of the''Family Law Act'' states that “A child’s stepparent does not have a duty to provide support for the child unless | ||
(a) the stepparent contributed to the support of the child for at least one year, and | (a) the stepparent contributed to the support of the child for at least one year, and | ||
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This means that if your Canadian partner sponsored you and your child(ren) to Canada and helped support that child for at least one year, then you could pursue child support for your child under the ''Family Law Act''. Be aware of the one-year limitation period noted in section 147(4)(b) above.* | This means that if your Canadian partner sponsored you and your child(ren) to Canada and helped support that child for at least one year, then you could pursue child support for your child under the ''Family Law Act''. Be aware of the one-year limitation period noted in section 147(4)(b) above.* | ||
In addition, immigration rules also state that the sponsor has certain obligations to continue to provide for their spouse's needs and the needs of any dependent child(ren). These responsibilities are for a fixed amount of time. Refer to | In addition, immigration rules also state that the sponsor has certain obligations to continue to provide for their spouse's needs and the needs of any dependent child(ren). These responsibilities are for a fixed amount of time. Refer to [http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14 this page on the CIC website] that outlines this undertaking. | ||
From a legal perspective, the sponsor’s obligations under family and immigration law are not identical. A family law case at the BC Supreme Court, ''Aujla v. Aujla'', 2004 BCSC 1566, held that a sponsor's obligations under a sponsorship agreement were obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support under those acts. | |||
Either way, if you were sponsored, have dependents, and your relationship with the sponsor has now ended, talk to a lawyer to discuss your entitlement to support. | |||
===Sponsorship application=== | ===Sponsorship application=== | ||