Many Canadian citizens and permanent residents see sponsorships for what they are; an effective means to reunite their families in Canada. But what most sponsors don’t realize is that when they sign a sponsorship agreement they are signing more than just a ticket to Canada for a loved one, they are signing up for some serious responsibility.
When signing a sponsorship agreement, a sponsor makes four promises. The first is to provide the sponsored person and that person’s family members with all “basic requirements” for the length of the sponsorship agreement. Basic requirements include food, shelter, clothing, fuel, utilities, household supplies, personal requirements and health care not provided by public health, including dental care and eye care.
The second promise is to honour the sponsorship agreement, no matter what other financial obligations or other personal circumstances arise.
The third promise is that the sponsored person and his or her family will not need to apply for social assistance benefits.
The fourth promise is to promptly respond to requests for help from the sponsored person and his or her family members by giving money, buying items or providing services for their living expenses.
The promises made under a sponsorship agreement last for the term of the agreement, which can range from 3 years to 10 years, depending on the relationship between the sponsor and the sponsored person.
What is important about these promises is that they are enforceable by the government of Canada. If, for example, a sponsored immigrant goes on welfare or some other social assistance that is paid for by a provincial or federal program, the government of Canada or a provincial government can collect money from the sponsor equal to the social assistance paid to the sponsored immigrant.
If you are considering sponsorship or if you have sponsored someone be sure to know your rights as the consequences of breaking these agreements are severe.
In recent times, the British Columbia provincial government has increased its efforts to collect on sponsorship debts by taking collection actions against sponsors in default. In some cases, the provincial government is trying to collect over $100,000 from some sponsors that failed to provide “basic requirements” for the sponsored persons.
In a typical case, a sponsored person will go on welfare because they can’t find work in Canada. Welfare payments will not be refused by the province if the person otherwise qualifies, even though a sponsorship agreement is in place. Once the province recognizes the existence of a sponsorship agreement, they try to collect all of the welfare payments from the sponsor.
In some cases the provincial government registered liens against sponsors’ homes and in others they have sued. Default on a sponsorship agreement will also prevent a sponsor from ever sponsoring another person until their debt is repaid.
Sponsorship agreements are generally enforceable, but there are circumstances where they may not be. For example, if the sponsor is the victim of abuse at the hands of the sponsored person, the sponsorship agreement may not be enforceable. There are other grounds that may make a sponsorship agreement unenforceable at law; however these grounds have not been tested in the courts.
If the government is trying to collect a sponsorship debt from you as a sponsor, be sure to know your rights before you pay the government a single penny. In some cases a debt will not be collectable at all while in other cases, there will be severe consequences.
Showing posts with label Sponsorship Debts. Show all posts
Showing posts with label Sponsorship Debts. Show all posts
Tuesday, June 12, 2007
BC MSP Coverage
In my practise I am increasingly finding that new immigrants, temporary workers, international students, and family class applicants already in Canada are not aware that they are, in many cases, eligible for coverage under British Columbia’s Medical Service’s Plan (“MSP”).
Basically, the rules provide that in addition to Canadian citizens and permanent residents, some persons temporarily in the province are entitled to apply for care cards.
Eligibility for coverage under MSP is available to persons who are Canadian citizens or who have been lawfully admitted to Canada for permanent residence, as long as the applicant makes his/her home in BC and is physically present in BC for at least 6 months in a calendar year. The coverage extends to persons who are “deemed residents”, and that is where students, workers and family class applicants fit in.
People on work permits or study permits in BC can be “deemed residents”. They will be eligible for MSP coverage if their visas/permits are valid for 6 months or more, if the person remains in status and makes their home in BC and is physically present in BC for at least 6 months in a calendar year.
“Deemed residents” also include non-resident spouses and children (including adopted children) of residents. These people will be eligible if they have applied for status, like work permits or study permits or visitor status, as long as that application remains active and the other requirements set out above have been met. Non-resident spouses and children of residents will also be eligible if the resident spouse has filed a sponsorship application and paid the immigration processing fees for their spouse and or children who wish to apply for MSP coverage.
Basically, those not eligible are those without status or with only visitor status without having a pending sponsorship application filed with immigration Canada.
The requirement to be physically present in BC for at least 6 months in a calendar year is subject to a number of exceptions because not everyone comes to Canada with at least 6 months left in the year. Essentially, if you arrive in Canada after June 30, the 6 month requirement is effectively waived.
Once you file an application for MSP coverage, you must wait for eligibility. The wait period for eligibility is calculated by adding the month in which the applicant arrived in BC plus two additional months. For example, if you arrived on December 25, you would be eligible on March 1. If you arrived on January 1, you would be eligible on April 1.
Some applicants are not subject to the wait period, including babies born to residents, children adopted by a resident and convention refugees.
The rules for eligibility are complicated and confusing. At times, in my experience, HIBC, the private company administering MSP, fails to understand the rules themselves. We have seen a significant decrease in the understanding and application of these rules on the part of HIBC since they received the portfolio from the province.
If you believe you are eligible, persistence may be required to get the results you deserve. Given the cost of health care in this province without MSP coverage, a little hard work is well worth the effort.
Basically, the rules provide that in addition to Canadian citizens and permanent residents, some persons temporarily in the province are entitled to apply for care cards.
Eligibility for coverage under MSP is available to persons who are Canadian citizens or who have been lawfully admitted to Canada for permanent residence, as long as the applicant makes his/her home in BC and is physically present in BC for at least 6 months in a calendar year. The coverage extends to persons who are “deemed residents”, and that is where students, workers and family class applicants fit in.
People on work permits or study permits in BC can be “deemed residents”. They will be eligible for MSP coverage if their visas/permits are valid for 6 months or more, if the person remains in status and makes their home in BC and is physically present in BC for at least 6 months in a calendar year.
“Deemed residents” also include non-resident spouses and children (including adopted children) of residents. These people will be eligible if they have applied for status, like work permits or study permits or visitor status, as long as that application remains active and the other requirements set out above have been met. Non-resident spouses and children of residents will also be eligible if the resident spouse has filed a sponsorship application and paid the immigration processing fees for their spouse and or children who wish to apply for MSP coverage.
Basically, those not eligible are those without status or with only visitor status without having a pending sponsorship application filed with immigration Canada.
The requirement to be physically present in BC for at least 6 months in a calendar year is subject to a number of exceptions because not everyone comes to Canada with at least 6 months left in the year. Essentially, if you arrive in Canada after June 30, the 6 month requirement is effectively waived.
Once you file an application for MSP coverage, you must wait for eligibility. The wait period for eligibility is calculated by adding the month in which the applicant arrived in BC plus two additional months. For example, if you arrived on December 25, you would be eligible on March 1. If you arrived on January 1, you would be eligible on April 1.
Some applicants are not subject to the wait period, including babies born to residents, children adopted by a resident and convention refugees.
The rules for eligibility are complicated and confusing. At times, in my experience, HIBC, the private company administering MSP, fails to understand the rules themselves. We have seen a significant decrease in the understanding and application of these rules on the part of HIBC since they received the portfolio from the province.
If you believe you are eligible, persistence may be required to get the results you deserve. Given the cost of health care in this province without MSP coverage, a little hard work is well worth the effort.
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