Immigration Blog about US & Canadian Immigration matters.

Spousal Sponsorship Broken by Separation or Divorce

Canada strictly believes in family reunification and prioritizes spousal sponsorship for this exact reason. Unfortunately, not all spousal sponsorships end in family reunification and some can lead to separation or divorce. Although this may not happen often, it is important to discuss this as there are individuals who may be experiencing this and may not know what to do in these circumstances. Therefore, in this article, I will explain the repercussions of cases of separation or divorce in spousal sponsorships and important information to know if you are experiencing this in your life.

What happens if you Separate or Divorce your Sponsored Spouse

First and foremost, it is important to note that separation and/or divorce happens. Some relationships whether marriage or common-law partnerships, don’t work out and result in the termination of the relationship. However, if you were sponsored to Canada by a spouse, this can be a confusing and conflicting time for any sponsored person. Specifically, what happens when a sponsored spouse separates or divorces their sponsored spouse, results in the continuous undertaking for the sponsor for a minimum of three years after the sponsored spouse becomes a permanent resident. This undertaking continues even if the couple has separated or divorced. The sponsor must be responsible for the sponsored spouse’s basic needs throughout the duration of the undertaking.

Steps to Sponsor your Spouse to Canada

Before you can sponsor your spouse to Canada, there are several different factors that you should consider. Some factors include your eligibility to sponsor, the type of relationship you will indicate on the application and whether the application will be in Canada or overseas. The most important factor is whether or not you can sponsor your spouse and if you are eligible to; if you are not, then you will not be able to sponsor. Furthermore, you must also ensure you are married to your spouse in order to do a spousal sponsorship. Lastly, you must determine whether your spouse will be in Canada while the application is being processed or whether they will be overseas. Therefore, in this article, I will explain the eligibility requirements for spousal sponsorship, the documents needed for the application, the difference between inland and overseas spousal sponsorship, and more.

Eligibility to Sponsor your Spouse

As previously mentioned, this is the most important factor of a spousal sponsorship application. The reason being is because the sponsor must be able to prove to Immigration that they are eligible and financially able to sponsor their spouse. There are certain requirements that need to be considered prior to applying to sponsor your spouse. Below is a list of eligibility requirements for the sponsor.

If you wish to come to Canada through the Spousal Sponsorship program, you can either do so inland or outland. An inland application means that you will be staying inside of Canada while the application is being processed. Outland means that you will be making an application from outside of Canada.

Why Inside Canada Spousal Sponsorship?

There are several reasons why a couple would choose to make an application for Spousal Sponsorship from inside of Canada, including,