Failure to pay child support is classified as a criminal offence in a number of countries, which increases Canada's focus on such cases when considering permanent residency applications.
Here is the list of main countries where it can have criminal consequences:
· Israel: Failure to pay child support ordered by a court is a crime punishable by up to three years in prison. Courts can issue a travel ban until the debt is repaid. Up to 21 days in prison can be imposed for each month missed.
· United States: Willful failure to pay child support is punishable under the federal Deadbeat Parents Punishment Act (18 U.S.C. § 228) if the debtor crosses state or national borders to avoid payment and the debt exceeds $5,000 or is unpaid for more than a year. The penalty is up to two years in prison. At the state level (e.g., in California), this may be classified as misdemeanor.
· Dominican Republic: Failure to pay child support is a felony punishable by imprisonment, even for small amounts.
· Costa Rica: Failure to pay child support is severely punishable, including arrest for minor debts. Failure to pay may also result in travel restrictions.
· Canada: As mentioned above, failure to pay can become a criminal offence in cases of wilful failure (e.g. under Section 215 of the Criminal Code) or contempt of court, although this is rare.
In other countries, such as Australia, New Zealand, Sweden and the UK, failure to pay is usually dealt with through civil penalties, but persistent failure can result in fines or short prison sentences for contempt of court.
How does non-payment of child support affect permanent residence in Canada?
Under Canadian immigration law, having child support arrears in itself is not an automatic ground for denial of permanent residence if you:
•Indicated the child support debts in the application: Honestly disclosing information about child support arrears and demonstrating steps to pay them off (for example, through a payment plan) can mitigate the situation.
•No criminal convictions: If non-payment did not result in criminal consequences, this reduces the risk of denial.
HOWEVER, not disclosing a debt is misrepresentation, which is a serious offence. If IRCC discovers that you have failed to report a debt, especially if it is discovered through international databases or complaints from the other parent, it may result in:
• Refusal of PR: Under 40(1) of IRPA for providing false information.
Ban to apply for PR: BAN is for up to five years.
• Loss of status: If you have already obtained permanent residence, misrepresentation may result in its revocation.
Canada actively screens applicants through debtor databases available in treaty partner countries (e.g., the US, Israel). Even if non-payment is not considered a crime in your country, having a debt
may be perceived as a sign of financial or moral irresponsibility.
Failure to pay child support is not just a financial issue, but a serious factor affecting your immigration prospects in Canada. Although in most cases it is considered as a civil offence, the potential for criminal liability (for example, under Section 215 of the Criminal Code of Canada) makes it a “red flag” for IRCC. Concealing debt is considered misrepresentation and will almost certainly result in a denial of your PR application.
Honesty, transparency, and timely debt settlement are your best allies in the immigration process.
Oleksandra Melnykova, Canadian Immigration and Refugee Consultant.
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