As part of the immigration law context, Canada’s family law issues often arise when a spouse or partner has been sponsored by a Canadian citizen to immigrate to Canada. In this case, issues related to spousal support, sponsorship agreements, and immigration status may arise.
A sponsor and sponsored person must have one of three types of relationships:
- Spouse: The sponsor and sponsored person should be married.
- Common law partner: It has been at least one year since the sponsor and sponsored person cohabited.
- Conjugal partner: Conjugal partners are couples who cannot be considered common-law partners or spouses due to exceptional circumstances. Same-sex relationships may be prohibited by law or immigration difficulties may arise. There must be at least one year of relationship between the partners. And they must devote the same amount of time and devotion as if they were married or in a common law partnership.
Canada’s family law consequences of broken sponsorship – Divorce and separation
Divorce is the court’s official dissolution of a marriage. The legal marriage of a couple cannot be ended.
Separation is the act of living separately because of the breakdown of a relationship. It depends on their common law situation whether the couple is legally married or cohabitating but unmarried.
A divorce or divorce petition filed by a married couple falls under the Divorce Act. Guidelines for divorce are outlined in the Divorce Act:
- Reasons for divorce
- Divorced parents must pay child support
- Following a divorce, spousal support is payable
- Divorce and custody arrangements for children
Under the Canadian Constitution, each province and the federal government is responsible for family law.
Having been passed by Parliament as a federal statute, the Divorce Act applies throughout Canada. Although divorce is not governed by federal law, it is governed by provincial legislation. It is the provinces’ responsibility to administer the laws of divorce, spousal support, child custody, and child support.
In all provinces, child support, spousal support, and custody laws apply to married and unmarried couples who separate, but not to those who divorce.
What are the consequences if a sponsored person for Canadian immigration gets divorced or separated?
The length of your marriage to your spouse or partner does not affect your residency status if you were sponsored by them for permanent residence. Several changes were made to the law by the federal government in 2017 to remove the requirement that sponsored wives or common-law partners stay with their sponsors to maintain their permanent residency status.
A person living apart from their spouse or partner would not be at risk of losing their status or being deported. This regulation is especially beneficial in abusive relationships.
Getting divorced or ending your relationship could impact your eligibility to remain in Canada. Also, if you file for divorce or your relationship ends while the sponsorship application is being processed. You need to inform IRCC. It would be considered misrepresenting if this information were not disclosed.
The Canadian government investigates marriage fraud, which occurs when someone marries a Canadian citizen or permanent resident to become a Canadian citizen or permanent resident.
Sponsorship undertaking – What about it?
You must sign an undertaking pledging to provide for the basic needs of your spouse (and their dependent children, if applicable) if you intend to sponsor them to immigrate to Canada permanently in addition to food, clothing, shelter, and other everyday necessities. Several other items are essential to daily living. Also included are any medical procedures not covered by public health services.
As a legal commitment, the pledge is legally binding. Your responsibility to provide for the person remains constant throughout the term of your undertaking, regardless of any changes in your circumstances. In other words, even if you separate or get married before the individual becomes a permanent resident, the sponsorship undertaking will remain in effect for the next three years.
Difference between Canada’s family law and Immigration law support
Financial support requirements vary according to immigration law and family law. Spousal undertakings differ from support obligations in family law, which exist between spouses individually.
Sponsors’ obligations under sponsorship agreements and undertakings are distinct from their obligations to provide spousal support under family law regulations as determined by the British Columbia Supreme Court in Aujla v. Aujla.
If your relationship ends and you were sponsored by your spouse. It is recommended that you speak with an immigration lawyer knowledgeable about your rights and responsibilities. Immigration Law’s attorneys provide expert legal assistance to those seeking sponsorship with years of experience.
