Comments on: Bankruptcy, Sponsorship and Citizenship in Canada

By: J. Douglas Hoyes, CA, LIT

J. Douglas Hoyes, CA, LIT — Fri, 03 Feb 2017 00:42:23 +0000

In reply to BY. You should contact your trustee, or a bankruptcy lawyer, and ask them what is necessary to get your discharge. I court hearing will be required, since if you don't complete your duties on time and get your discharge only the court can now grant your discharge.

By: BY

BY — Wed, 01 Feb 2017 08:15:18 +0000

I declared bankruptcy and not Discharged yet because I Moved to oversea and got married. Since I am at overseas I could not attend the sessions to get the Discharge. Its been More than 5 years that I declared bankruptcy but could not get discharge. I want to sponsor my wife while we both live outside of Canada and move to CANADA after the sponsorship is finalized. Whats your suggestion ? Thank you so much

By: J. Douglas Hoyes, CA, LIT

J. Douglas Hoyes, CA, LIT — Tue, 29 Mar 2016 20:43:13 +0000

In reply to Keith. Hi Keith. It is actually being bankrupt that will generally disqualify you as a sponsor during the bankruptcy period. Simply owing money on a credit card would not disqualify you as a sponsor. Significant debt may be an issue, so it would be wise to consider your repayment options in conjunction with the sponsorship process. Obviously you want to be in good financial shape once the sponsorship process is complete.

By: Keith

Keith — Tue, 29 Mar 2016 14:15:40 +0000

Hi, I’m in the process of sponsoring my wife, but I have credit card debt that has gone to collections. I’m ready to begin to pay it now but would it be advisable to wait until I pay it to apply as a sponsor? Or does it not matter since I’m not actually bankrupt? Thanks!

By: J. Douglas Hoyes, CA, Trustee

J. Douglas Hoyes, CA, Trustee — Mon, 02 Nov 2015 20:28:24 +0000

In reply to drew. Hi Drew. In general, a bankruptcy or a consumer proposal is a problem for the person sponsoring the immigrant, because the government is worried that you won't have the financial resources to support them. It is less of an issue for the immigrant, since in most cases the new Canadian does not yet have sufficient Canadian debt to be an issue. Also, if your partner has minimal income, bankruptcy may not be a good option, since they have minimal wages to garnishee. I would suggest you (or her) give our office a call and we can look at her particular situation and help you and her work out a plan to deal with the debts.

By: J. Douglas Hoyes, CA, Trustee

J. Douglas Hoyes, CA, Trustee — Mon, 02 Nov 2015 20:25:51 +0000

In reply to ali. This is a question you should access an immigration lawyer. If you are bankrupt while attempting to sponsor someone it can be a problem, so ideally you would want to wait until your spouse's case is completed before declaring bankruptcy or filing a consumer proposal.

By: drew

drew — Mon, 02 Nov 2015 03:08:46 +0000

Hi,

My common law partner has been here since 2008 and now barely has any income and we have a four month old child. Now, she still has an open work permit, so if she claimed bankruptcy or did a proposal, would that or could that affect her status to become permanent?

I am worried that she will be denied and then we are both screwed.

By: ali

ali — Sun, 01 Nov 2015 00:07:56 +0000

I sponsor my wife in 2014 and application in process and now if i deculared bankruptcy or bank proposal its effect on my spouse case or waiting till my spouse case compeleted and then declared bankruptcy or bank proposal

By: Howard Hayes, Trustee

Howard Hayes, Trustee — Mon, 10 Aug 2015 23:44:21 +0000

Hi Jay. We can only comment on the bankruptcy impact. How your marriage will impact your situation is not something we can comment on. I recommend you contact Citizenship & Immigration Canada directly for advice about your situation.

By: Howard Hayes, Trustee

Howard Hayes, Trustee — Mon, 10 Aug 2015 23:41:55 +0000

Hi Iliriana

You should double check with Citizenship & Immigration Canada for confirmation, however my understanding is that you cannot sponsor someone to come to Canada whilst you are an undischarged bankrupt.

Therefore you either need to complete the sponsorship process and then file the bankruptcy or, complete your bankruptcy before you sponsor. Alternatively, you could look for a different way of dealing with your debts such as through a consumer proposal.