Lawgical Corp Law

Understanding the Impact of Changes to Immigration Policies on Spousal Sponsorship Applications in Canada

The process of spousal sponsorship in Canada can be complex and emotional, especially if the relationship between the sponsor and the sponsored spouse ends in divorce or separation. While spousal sponsorship is intended to be a commitment to support and provide for the sponsored spouse, the breakdown of the relationship can have a significant impact on the sponsorship undertaking.

If a sponsor and sponsored spouse separate or divorce before the sponsored spouse obtains permanent residency, the sponsor’s undertaking to provide financial support may still be in effect. The sponsor is responsible for fulfilling their sponsorship obligations, including providing basic needs such as shelter, clothing, and food for the sponsored spouse, for up to three years after they become a permanent resident.

However, the sponsored spouse may also have obligations during the spousal sponsorship process, such as making reasonable efforts to become self-sufficient. If the sponsored spouse fails to make these efforts, it may affect their ability to maintain their permanent residency status.

In cases where a relationship breakdown occurs before the sponsored spouse obtains permanent residency, the sponsor may be able to withdraw their sponsorship. However, if the sponsored spouse has already become a permanent resident, the sponsor’s obligations cannot be withdrawn. In such cases, the sponsor may be required to repay any social assistance or benefits received by the sponsored spouse.

It is important to note that separation or divorce alone does not necessarily mean the end of the sponsorship undertaking. The sponsor and sponsored spouse must inform Immigration, Refugees and Citizenship Canada (IRCC) of any changes to their relationship status as soon as possible.

In some cases, a sponsored spouse may be eligible for humanitarian and compassionate (H&C) consideration, which is a discretionary application process that allows individuals to request an exemption from certain immigration requirements. An H&C application can be made if the sponsored spouse can demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada.

In conclusion, navigating the spousal sponsorship process in Canada can be complicated, especially in cases where the relationship between the sponsor and sponsored spouse breaks down. It is important to consult with a spousal sponsorship lawyer who can guide you through the process and help you understand your rights and obligations under Canadian immigration law.

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