If you were previously married and divorced, you must disclose this information to IRCC
(Immigration, Refugees, and Citizenship Canada) and provide a certificate of divorce,
which is a mandatory document for spousal sponsorship applications.
Several years ago, Canadian immigration authorities eliminated the requirement for
sponsored spouses to reside with their sponsor for a mandatory minimum period.
Consequently, if your marriage dissolves after you have sponsored your spouse to
Canada, there is no obligation to update IRCC on the status of your relationship post-
application approval. However, sponsors remain financially responsible for their
sponsored spouse for the duration of the sponsorship undertaking, currently set at three
years after the sponsored individual becomes a permanent resident. This financial
responsibility persists even in cases of separation or divorce. In practical terms, if your
sponsored spouse receives social assistance within the 3-year period, you, as the
sponsor, would be required to reimburse the government for the amount received.
For the spouse being sponsored, if a separation or divorce occurs while the sponsorship
application is in process, it is imperative to inform IRCC of the change in marital status.
Failure to do so may lead to misrepresentation allegations, potentially rendering you
inadmissible to Canada. IRCC takes marriage fraud seriously and conducts
investigations accordingly. Suspicions of a marriage of convenience can result in refusal
of the sponsorship application or, if the sponsored spouse has already obtained
permanent resident status, they may lose their residency in Canada.
If you have previously sponsored someone to Canada, the relationship ended in
divorce, and you have remarried, you can sponsor your new spouse to Canada.
However, you may face restrictions if your previous sponsored spouse received social
assistance during the undertaking period and you have not repaid this debt.
Conversely, if you were sponsored to Canada, divorced from your sponsor, and
subsequently married someone else whom you wish to sponsor to Canada, you cannot
do so within the 5-year period after becoming a permanent resident of Canada.
In conclusion, whether you are the sponsor or the sponsored individual, and your
relationship with your spouse deteriorates, seeking advice from a legal professional is
advisable. They can guide you through the necessary steps and help you understand
the potential consequences from a Canadian immigration perspective.
Would you like to book a consultation with us?