Adding partner to ODSP 

alexcray

Posts: 58

Hi,




I am a Canadian citizen, I don’t work and I receive odsp payments on monthly basis. I sponsored my partner to Canada. I used to live with my family and it was a great help for me to save money that was how I could afford to hire a lawyer to help with sponsorship.


My partner and I now live together on our own. When I talk to my caseworker in odsp she said to provide all the immigration papers and details so she can add him to my file to receive money as he’s not working and we need an income.


It’s clear to me that ODSP recipients can sponsor their spouse but will my caseworker not ask me how I could afford to hire and pay my lawyer or will she ask ircc to send her my case that she can read all the details? I’m very stressed that I may stop receiving ODSP benefits due to not using the money for myself and I saved it. Well I used some of it when I needed but mostly I was saving for a better future and life.
Can you please help me out?????
Thanks

• Immigration, Refugees and Citizenship Canada (IRCC) does require financial verification during the sponsorship process. They typically ask for proof of income for the previous six months. However, they are not concerned with how you saved the money, only that you could meet the minimum necessary income.

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Posts: 4075

Repayment of social assistance by defaulting sponsors
Under IRPA, all social assistance received by a family class sponsored immigrant is considered a federal and provincial debt of the sponsor. Financial assistance received from Assistance for Children with Severe Disabilities is not considered "social assistance" under IRPA.

Calculating assistance when a sponsor is in default
A basic needs amount is provided. Shelter allowance depends on whether the person is living with or apart from the sponsor.
1. Sponsored immigrants living with the sponsor or in a place owned or controlled by the sponsor:
A shelter allowance is provided only if one of the following criteria is met:

• the sponsored immigrant has a legal obligation to pay shelter costs (e.g., the sponsored immigrant is a lessee or named as a co-owner on a deed/mortgage)
  
• the sponsored immigrant satisfies the Administrator that they cannot remain in the sponsor’s residence or in a place owned or controlled by the sponsor unless they pay for shelter costs (e.g., documentation of an obligation to pay for heat or utilities)
  
• the sponsor is in receipt of Ontario Works, ODSP, the Guaranteed Income Supplement (GIS) under the Old Age Security Act or GAINS under the Ontario Guaranteed Annual Income Act

Deferral of sponsorship debt recovery
There are certain circumstances where sponsors may be deferred from debt recovery activity. In such cases, sponsorship debt continues to accrue until the end of the sponsorship period.
Sponsorship debt recovery may be deferred in cases where:

• the sponsored person is temporarily or permanently waived from the requirement to pursue support from their sponsor
  
• the sponsor is incapacitated
  
• the sponsor has undergone bankruptcy and the entire sponsorship debt was covered by the bankruptcy discharge
  
• the sponsor has documented extraordinary circumstances
  
• an open eligibility investigation has commenced for the sponsored person
  
• IRCC confirms the validity of an undertaking is under review
  

Debt collection should not be pursued for deferred cases; however, if the sponsor voluntarily comes forward to repay their sponsorship debt, debt recovery activity will be resumed by the ministry.
The sponsorship debt recovery may be deferred for up to 12 months in cases where the sponsor’s circumstances are likely to change (e.g., the sponsor is in receipt of social assistance and the sponsored immigrant is temporarily waived from the requirement of pursing support). Circumstances supporting the reason for deferral should be clearly documented and the deferral should be reviewed by ministry staff after 12 months.