Divorce is a life-changing event but when immigration sponsorship is involved, it can become even more complicated.
If you are sponsoring a spouse or being sponsored for permanent residency in Canada, a divorce before the process is complete can have serious legal consequences. Understanding your rights and options is crucial to navigating this complex situation.
In this blog, we will explore what happens if a couple divorces before immigration sponsorship is finalized and the legal implications that may arise. We will also discuss how family lawyers in Edmonton can provide guidance in such cases.
How Spousal Sponsorship Works
Spousal sponsorship is a pathway for Canadian citizens and permanent residents to bring their foreign spouses or partners to Canada as permanent residents. The sponsorship program includes:
- Spouses (legally married partners)
- Common-law partners (partners who have lived together for at least one year)
- Conjugal partners (partners in a committed relationship who cannot live together due to extenuating circumstances)
The sponsor agrees to provide financial support to the sponsored spouse for a period of three years after they become a permanent resident, even if the relationship ends.
Processing Time For Sponsorship Applications
Spousal sponsorship applications can take 12 to 18 months to process, depending on the applicant’s country of origin and whether they apply from inside or outside Canada.
During this time, if a couple separates or files for divorce, it can impact the sponsorship process and the sponsored spouse’s immigration status.
Legal Obligations Of Sponsorship
A Canadian sponsor must sign an undertaking with the government, committing to financially support the sponsored spouse. This means that even if the relationship ends after PR status is granted, the sponsor remains responsible for three years. If the sponsored spouse applies for social assistance, the sponsor may be required to repay the government.
What Happens If You Divorce Before The Sponsorship Process Is Complete?
Divorcing before the sponsorship process is finalized can lead to different outcomes depending on the stage of the application.
1. If The Application Is Still In Process
If Immigration, Refugees, and Citizenship Canada (IRCC) has not yet approved the sponsorship application, the process will be terminated upon divorce. The sponsorship cannot proceed if the couple is no longer together.
2. If The Sponsored Spouse Has Conditional Permanent Residency
Previously, Canada had a “conditional permanent residency” rule requiring sponsored spouses to live with their sponsor for two years before receiving full permanent residency. However, this rule was repealed in 2017. Today, if a spouse has received permanent residency, they are not required to remain married to keep their status.
3. If The Sponsored Spouse Has Not Yet Landed In Canada
If a divorce occurs before the spouse lands in Canada as a permanent resident, the immigration application will be cancelled. The sponsored spouse cannot enter Canada under that sponsorship.
Can A Sponsored Spouse Stay In Canada After Divorce?
If the sponsorship process is terminated before the spouse obtains permanent residency, they may have limited options to remain in Canada. However, some legal pathways might still be available:
Applying For Permanent Residency Through Other Programs
If the sponsored spouse wants to stay in Canada, they may be eligible to apply under different immigration programs, such as:
- Express Entry: A points-based system for skilled workers.
- Provincial Nominee Program (PNP): Some provinces allow individuals to apply for PR based on employment.
- Humanitarian and Compassionate (H&C) Grounds: Applicants facing hardship in their home country may apply to stay in Canada based on humanitarian reasons.
Sponsorship And Domestic Abuse
Canada has laws protecting sponsored spouses from remaining in abusive relationships due to immigration concerns. If a sponsored spouse is experiencing domestic violence, they may be able to apply for permanent residency under humanitarian and compassionate grounds.
Other Legal Avenues To Stay In Canada
If a sponsored spouse has work experience or Canadian education, they might qualify for work permits or study permits, allowing them to transition into a different immigration pathway.
Responsibilities Of The Sponsor After Divorce
Even if a couple divorces, the sponsor remains financially responsible for the sponsored spouse for three years after they become a permanent resident. This means:
- The sponsor must repay the relevant government authority for any social assistance received by the sponsored spouse during this period.
- The obligation remains even if the couple is legally divorced.
- The sponsor cannot cancel their financial responsibility, except in cases of fraud.
Fraudulent Marriages And Legal Consequences
If IRCC determines that a marriage was entered into solely for immigration purposes, the sponsored spouse could lose their permanent residency and be subject to removal from Canada. Both parties may also face legal consequences, including being barred from future sponsorship applications.
How Family Lawyers In Edmonton Can Help
Navigating Canadian family law is not easy, and divorce, along with ongoing immigration sponsorship, makes it more complex. Family lawyers in Edmonton can help by:
- Advising on immigration options for the sponsored spouse.
- Assisting with divorce proceedings and division of property.
- Explaining financial obligations of the sponsor post-divorce.
- Providing legal representation in sponsorship disputes.
- Helping clients understand their rights under Canadian family and immigration law.
Consulting a legal professional is crucial to understanding your rights and obligations under Canadian law.
About Nexus Legal
At Nexus Legal, we specialize in family law and offer expert guidance on divorce, separation, child custody, and spousal support. If you’re dealing with a divorce that impacts immigration sponsorship, our experienced team can help navigate this challenging situation.
We offer virtual consultations for clients in Edmonton and surrounding areas. Contact us today for legal advice tailored to your specific needs.
587-855-0008
