Canada's family law after sponsored relationship ends?

04 Apr 2023

How does Canadian family law handle the termination of a sponsored relationship?

To be eligible for sponsorship in Canada. the sponsor and a sponsored individual must be in a relationship. that falls into one of the following categories:

  • Spouse – they should be married
  • Common Law Partner – should be living together for at least a year
  • Conjugal Partner – Should be in a mutually dependent relationship. For at least one year, but can’t qualify as common-law partners or spouses due to legal restrictions. or even immigration barriers.

When a sponsored spouse or partner’s relationship ends after being sponsored to come to Canada, there can be issues related to immigration status, sponsorship commitments, and financial support. These problems fall under the intersection of family and immigration law.

What are the Outcomes if you were sponsored and you separated or got divorced in Canada?

The Canadian Government introduced a new regulation in 2017 that permits the sponsored spouses or common-law partners of permanent residents or Canadian citizens to maintain their permanent resident status even if they no longer live with their sponsors. It means that your residency status no longer depends on your relationship duration or living with your partner.

This rule is particularly favorable in cases of abuse. Since a person can live apart from their abusive spouse or partner without fearing deportation or losing their status.

If you’re not a permanent resident yet. And your relationship ends, or you get divorced. It can impact your ability to stay in Canada.

It’s essential to mention that the Canadian Government investigates marriage fraud. which is when someone marries a Canadian citizen or permanent resident solely to obtain status in Canada.

Moreover, if your sponsorship application is ongoing, your relationship ends, or you file a divorce, you must notify IRCC. Not reporting this change can be considered as misrepresentation.

Sponsorship Undertaking

When you sponsor your spouse or partner. To become a Canadian permanent resident. you must sign an undertaking to financially support, them and their dependent child (if any). Financial support includes basic necessities such as food, clothing and shelter. Anything required for daily living and healthcare not covered by public services.

The undertaking is a legally binding commitment. Making you accountable for supporting the person for the entire undertaking period. regardless of any change in your circumstances. This implies that even if you separate within this period. The sponsorship undertaking will persist and remain effective for three years after the individual becomes a permanent resident.

Final Thoughts

If your relationship breaks down after being sponsored. it’s recommended to seek advice from an immigration that lawyer. That specializing in spousal sponsorship rights and obligations. Green Light Canada has a team of experienced consultants. Who can offer professional legal services to help you with your sponsorship requirements. Contact us now, and you’ll get detailed information on any immigration you need in Canada.

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