You may be wondering how separation and divorce may affect your immigration status in Canada if you’re awaiting a response on a spousal sponsorship application, or if you’re in Canada on a work permit or visitor visa.
If you have already successfully sponsored your spouse prior to separation, or if you yourself were the individual sponsored prior to separation, your divorce or separation will not reverse or otherwise negatively affect your status as a permanent resident or citizen. Your status as a permanent resident or citizen is independent once granted. However, it is important to note that the sponsor will still be financially responsible for their spouse – this is called an undertaking – for a specific period, even if the parties separate or divorce. In Quebec, this undertaking will be in effect for three years after the person becomes a permanent resident, regardless of when the parties separated. Please note that the length of the undertaking may vary in the rest of Canada.
If you are currently awaiting a response to your sponsorship application and have separated or are in divorce proceedings, you are required to inform Immigration, Refugees and Citizenship Canada (IRCC) of any changes to your relationship or marital status. This information is crucial, as a successful spousal sponsorship application is contingent upon IRCC being satisfied that a genuine and sincere relationship exists between the parties.
That being said, if one or both of the parties were untruthful or misrepresented their relationship at any time throughout the application process, this may have a negative impact on the sponsored individual’s immigration status. If an individual believes they were a victim of marriage fraud or used simply for sponsorship purposes, they should contact IRCC immediately and explain the situation.
If you are in Canada under temporary status such as a work permit or a visitor visa, and that this status is tied to the spouse that you are separating from or divorcing, this may have an effect on your ability to stay in Canada. For instance, your spousal work permit may become invalid, and your visitor visa may not be renewed potentially requiring you to apply for your own permit or visa.
For any questions on separation, divorce, and how this can affect your immigration status, or if you require assistance, please contact our team of experienced attorneys for a consultation.
