What Happens if You Sponsor and then Separate from your Spouse? Canadian Immigration Lawyer Explains.

If you have sponsored your spouse to get permanent residency in Canada and now you have decided to separate from each other, you might wonder what is going to happen. Our immigration lawyers know how stressful these situations can be. Because there are several consequences when this situation happens and you need to be fully aware of your rights and obligations.

In this article, we will answer many frequently asked questions relating to spousal sponsorship and separation in Canada.

What Are the Risks of Spousal Sponsorship in Canada?

If you have separated from your sponsored spouse, you may face the following risks:

The Sponsor May Be Financially Responsible

When you sponsor your spouse to apply for Canadian permanent residency, as part of the application forms, you sign a form called “Application to Sponsor, Sponsorship Agreement and Undertaking”. When you sign this form, you accept (undertake) to provide your spouse and their dependent children with financial support to cover their “basic needs” for up to 3 years.

This undertaking remains in effect for three years after the sponsored spouse becomes a permanent resident. You are still financially responsible even if you lose your job or you and your spouse separate or divorce.

What’s the Meaning of Basic Needs in the Spousal Sponsorship Application? 

Basic needs are defined as food, clothing, shelter and other needs for everyday living. They also include dental care, eye care and other health needs that aren’t covered by public health services.

Does Financial Undertaking Mean I Owe Money to My Spouse?

No, the undertaking is not to your spouse. It is a contract with the government of Canada. So if you do not pay for your spouse’s basic needs and she/he applies for social assistance through the government, you will owe the Canadian government money.

Can I cancel Sponsorship So I do not have to pay if we separate?

It depends:

• The sponsor cannot withdraw or cancel the undertaking agreement unless the entire undertaking is withdrawn before the government issues a visa or permanent residency to your spouse.
• After your spouse obtains his or her visa or permanent residency in Canada, you are bound by the contract to support their basic needs even after separation.

Can I Sponsor Another Spouse to Canada After Separation?

If you end up owing the Government of Canada because your sponsored spouse received social assistance, you will not be able to sponsor anyone else until you repay the debt to the government.

How Many Times Can I Sponsor A Spouse to Canada?

As long as you are single and eligible to sponsor (not being subject to the sponsorship bars),  and meet all the sponsorship requirements, you can sponsor a new spouse again.  

To find out if you are eligible to sponsor your spouse, speak to us.

Is the Sponsorship Financial Support the Same as Alimony?

No, spousal support or alimony is a different concept under the Divorce Act. A spousal Sponsorship Agreement is under the Immigration and Refugee Protection Act (IRPA). So you may have to pay for your spouse’s basic needs under the spousal sponsorship application and may have to pay a ‘top up’ of spousal support or alimony if they are entitled to it under family law.

To find out what family law obligations you may have to your spouse, speak to us.

Do I Have to Have a Minimum Income to Sponsor My Spouse?

There is no minimum income requirement for spousal sponsorship. The only financial requirements for spousal sponsorship include:

• You must not be receiving social assistance or welfare benefits from any province in Canada.
• You must not be in bankruptcy proceedings or discharged of any previous bankruptcies.

Can I Sponsor Someone If I am on Disability?

If you are receiving disability benefits, you are still eligible to sponsor because disability benefits do not count as social assistance.

Can I Withdraw My Sponsorship Application?

You can withdraw your sponsorship application at any time before your spouse becomes a permanent resident of Canada. If immigration has not started processing the application, you may be able to get a refund.

How Long Must I Be Married if I Sponsor My Spouse to Canada?

With the proper documentation and evidence to prove that your relationship is genuine, you can apply as soon as you get married or after one year of cohabiting with your common-law partner.

Sponsors need to convince Immigration Canada that the marriage or relationship is ‘real’ and valid. The application and documents to provide are extremely important. It is always best to have an immigration lawyer assist you with your sponsorship application. This will help increase your chances or sponsoring, and reduce wait times or further questioning by immigration officials.

How Can I Prove Our Marriage is Real for Immigration?

When submitting the application, you are required to provide certain documents as proof of relationship. These include:

• joint accounts,
• leases,
• shared address,
• photographs of you on different occasions and with other family members and friends,
• copies of communications and
• many other documents that confirm the genuineness of your relationship.

If you are a new immigrant, going through divorce/separation, it is important to consult with a lawyer about the impact of the divorce or separation on your rights and responsibilities under family law and Immigration Law. 

Book a consultation with our experienced immigration lawyers to find out about what documentation is required to support the application, and what your risks and benefits are.

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Immigration Policies & programs are subject to change. For the latest updates, please consult  www.canada.ca/Immigration.