Home Family Law Sponsored to Immigrate to Canada however Separated? FAQs Answered by Immigration Lawyer

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


When you have been sponsored to immigrate to Canada however have now separated, you have to to pay attention to essential immigration regulation penalties arising out of your separation. Our Vancouver immigration lawyer, Raha Seyed Ali solutions some often requested questions relating to the sponsored partner who has now separated.

In our previous blog, we talked in regards to the penalties of separation for the Canadian immigration sponsor. This text talks in regards to the penalties for the partner who has been sponsored to immigrate to Canada.

Nobody besides Immigration Canada and its authorities can deport you. Nonetheless, your partner can do the next if she or he sponsored you:

  • When you already obtained your everlasting residency from Immigration Canada, the separation just isn’t going to have an effect on your immigration standing and your ex can not ask to have your deported. Nonetheless, in case your partner tells Immigration authorities that your marriage was entered into for immigration functions or you’ve gotten misrepresented your self within the utility, Immigration Canada might begin an investigation. If confirmed that the wedding was for immigration functions solely, Immigration Canada can revoke your Everlasting Residency standing.
  • When you don’t have your Everlasting Residency however the Software has been began by your Partner: she or he should inform Immigration Canada of the change in standing and cease the method of the appliance. On this state of affairs, you’ll probably have to depart the nation or apply to remain underneath a unique immigration class.

Communicate with our experienced immigration lawyers about your choices.

Can I Lose My Canadian Everlasting Residency if I Divorce?

No, for those who get hold of Everlasting Residence by means of the Spousal Sponsorship class in Canada, separation or divorce won’t have an effect on your standing.

It is determined by your immigration standing:

  1. When you have obtained Canadian everlasting residency standing, you’ll not be requested to depart Canada due to the breakdown of your marriage or frequent regulation relationship.
  2. In case your relationship ends whereas the sponsorship utility remains to be in course of, i.e., you don’t have everlasting residency but, you and your sponsor should inform the workplace processing your utility instantly in regards to the marriage breakdown. You will have to stop to proceed with the sponsorship utility and presumably apply underneath a unique class.

If you’re inside Canada and needed to stop to proceed with the sponsorship utility, it is very important consult with an immigration lawyer to get recommendation about your immigration choices and keep away from staying in Canada illegally.

I Solely Married So I Might Immigrate to Canada. Is {that a} Drawback?

It’s unlawful to marry or apply for sponsorship just for immigration functions. Your marriage or relationship must be ‘actual’ and in ‘good religion’. In case your relationship was entered into for immigration functions or for those who misrepresent materials data within the sponsorship utility, immigration authorities might examine your case. You possibly can face extreme penalties together with:

  1. Lack of everlasting resident standing,
  2. Deportation from Canada,
  3. Getting banned from getting into Canada for no less than 5 years.

When you have been sponsored, you can not sponsor a brand new partner or companion inside the first 5 years gaining everlasting residence in Canada.

Will I Lose My Everlasting Residency If I Apply for Social Help after Separation?

It’s authorized and you might be allowed to use for social help. You received’t lose your immigration standing if it’s essential apply for social help to cowl your fundamental wants.

You’ve the best to depart your partner. It’s smart to maintain information or any proof that proves any abuse within the relationship. If the sponsorship utility was in course of and now you’ve gotten left your sponsor attributable to abuse within the relationship, you would possibly be capable to apply for TRP (Short-term Resident Allow) or Humanitarian and Compassionate utility and achieve authorized standing in Canada accordingly.

At YLaw, we concentrate on household regulation and immigration regulation. Speak to our skilled household immigration legal professionals about your choices. 


Immigration Insurance policies & packages are topic to vary. For the newest updates, please seek the advice of our legal professionals or www.Canada.ca/Immigration.



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