Sponsored to Immigrate to Canada but Separated? FAQs Answered by Immigration Lawyer

If you have been sponsored to immigrate to Canada but have now separated, you will need to be aware of important immigration law consequences arising from your separation. Our Vancouver immigration lawyer answers some frequently asked questions regarding the sponsored spouse who has now separated.

In our previous blog, we talked about the consequences of separation for the Canadian immigration sponsor. This article talks about the consequences for the spouse who has been sponsored to immigrate to Canada.

Can I Get Deported from Canada by My Spouse if we Separate? 

No one except Immigration Canada and its authorities can deport you. However, your spouse can do the following if he or she sponsored you:

• If you already obtained your permanent residency from Immigration Canada, the separation is not going to affect your immigration status and your ex cannot ask to have you deported. However, if your spouse tells Immigration authorities that your marriage was entered into for immigration purposes or you have misrepresented yourself in the application, Immigration Canada may start an investigation. If proven that the marriage was for immigration purposes only, Immigration Canada can revoke your Permanent Residency status.
• If you do not have your Permanent Residency but the Application has been started by your Spouse: he or she must inform Immigration Canada of the change in status and stop the process of the application. In this situation, you will likely have to leave the country or apply to stay under a different immigration category.

Speak with our experienced immigration lawyers about your options.

Can I Lose My Canadian Permanent Residency if I Divorce?

No, if you obtain Permanent Residence through the Spousal Sponsorship category in Canada, separation or divorce will not affect your status.

Do I have to leave Canada if I Separate from my Sponsor?

It depends on your immigration status:

1. If you have obtained Canadian permanent residency status, you will not be asked to leave Canada because of the breakdown of your marriage or common-law relationship.
2. If your relationship ends while the sponsorship application is still in process, i.e., you do not have permanent residency yet, you and your sponsor must inform the office processing your application immediately about the marriage breakdown. You will need to cease to proceed with the sponsorship application and possibly apply under a different category.

If you are inside Canada and had to cease to proceed with the sponsorship application, it is important to consult with an immigration lawyer to get advice about your immigration options and avoid staying in Canada illegally.

I Only Married So I Could Immigrate to Canada. Is that a Problem?

It is illegal to marry or apply for sponsorship only for immigration purposes. Your marriage or relationship needs to be ‘real’ and in ‘good faith’. If your relationship was entered into for immigration purposes or if you misrepresent material information in the sponsorship application, immigration authorities may investigate your case. You could face severe consequences including:

1. Loss of permanent resident status,
2. Deportation from Canada,
3. Getting banned from entering Canada for at least 5 years.

Can I Sponsor my New Spouse to Immigrate to Canada After Separation?

If you have been sponsored, you cannot sponsor a new spouse or partner within the first five years of gaining permanent residence in Canada.

Will I Lose My Permanent Residency If I Apply for Social Assistance after Separation?

It is legal and you are allowed to apply for social assistance. You won’t lose your immigration status if you need to apply for social assistance to cover your basic needs.

Do I have the Right to Separate from My Sponsor?

You have the right to leave your spouse. It is wise to keep records or any evidence that proves any abuse in the relationship. If the sponsorship application was in process and now you have left your sponsor due to abuse in the relationship, you might be able to apply for TRP (Temporary Resident Permit) or Humanitarian and Compassionate application and gain legal status in Canada accordingly.

At YLaw, we specialize in family law and immigration law. Speak to our experienced family immigration lawyers about your options. 

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Immigration Policies & programs are subject to change. For the latest updates, please consult our lawyers or www.Canada.ca/Immigration.