The fear is real on both sides. Spousal sponsorship can cause worry with the fear that an ex can have them deported with a phone call. Sponsors panic about being financially responsible for an ex-partner they never want to see again. And both sides often make critical mistakes based on myths circulating in their communities – myths that can cost them their immigration status, tens of thousands of dollars, or both.
Here’s the truth that Immigration, Refugees and Citizenship Canada (IRCC) wants you to understand: if your marriage or relationship was genuine when you applied for permanent residence and when you landed in Canada, divorce or separation after you become a permanent resident does not affect your immigration status. Your ex-spouse cannot have you deported. Your permanent residence cannot be revoked just because the relationship ended.
But – and this is critical – if IRCC believes your relationship was never genuine, if they suspect marriage fraud or misrepresentation, that’s an entirely different situation with severe consequences including loss of status and removal from Canada.
And for sponsors, here’s the financial reality nobody explained clearly when you signed that undertaking: you remain 100% financially responsible for your sponsored spouse for three full years from the date they became a permanent resident. Divorce doesn’t end that obligation. Separation doesn’t reduce it. Moving to different provinces doesn’t eliminate it. Even if your ex-spouse becomes a Canadian citizen, you’re still on the hook until that three-year period expires.
I learned how devastating these misunderstandings can be early in my practice. A client came to me three months into separation proceedings. She’d sponsored her husband two years earlier. He was now living with his new girlfriend, working full-time, and she wanted to know when her financial obligation ended. I had to explain that she had another year of responsibility remaining – and if he quit his job and went on social assistance during that year, she’d be legally required to repay every dollar the government provided to him. She was shocked. Nobody had explained this when she signed the sponsorship undertaking.
On the flip side, I represented a woman whose sponsor was threatening to “cancel her permanent residence” and have her sent back to her home country if she left him. She was enduring emotional abuse because she believed him. When I showed her that her permanent residence was secure, that his threats were empty, and that she had every right to leave safely – she cried with relief. She’d been trapped by misinformation for two years.
Whether you’re the sponsor facing unexpected financial obligations, or the sponsored spouse worried about your immigration status during separation, you need to understand exactly how Canadian family law and immigration law interact. Because the decisions you make right now will affect your finances, your legal status in Canada, and your ability to move forward with your life.
When Divorce Happens Before Permanent Residence
Let’s start with the clearest scenario: you’re in the process of sponsoring your spouse, the application is still being processed by IRCC, and your relationship breaks down before they become a permanent resident. What happens to the sponsorship?
The application cannot proceed. If you separate or divorce while the sponsorship application is still in process, you must notify IRCC immediately. This isn’t optional. Both the sponsor and the sponsored person have an obligation to inform IRCC of any material change in circumstances, and the breakdown of your relationship is absolutely a material change.
You notify IRCC by submitting a letter through the IRCC Webform explaining that your relationship has ended and you wish to withdraw the sponsorship application. As the sponsor, you can only withdraw the undertaking if IRCC approves the withdrawal before making a final decision on the permanent residence application. Once IRCC has approved the sponsored person as a permanent resident, even if they haven’t yet landed in Canada, it’s too late to withdraw.
If you withdraw your sponsorship application before a final decision, you’ll receive a refund for the principal applicant processing fee and any Right of Permanent Residence Fees you paid. But the sponsorship fee itself is generally not refunded.
For the sponsored spouse, this creates an immediate problem. Without the sponsorship, they have no pathway to permanent residence through this relationship. If they’re in Canada on temporary status – visitor visa, work permit, study permit – that status continues until it expires, but they’ll need to find another immigration pathway if they want to remain in Canada permanently. If they’re outside Canada, they simply won’t be granted permanent residence under that application.
Here’s where it gets complicated. If the sponsored person is already in Canada and you’re processing an Inland spousal sponsorship application, they may have been issued a Spousal Open Work Permit while the application was being processed. If the relationship breaks down and you withdraw the sponsorship, that work permit becomes invalid. They lose work authorization and may need to leave Canada unless they can quickly secure another form of legal status.
The timing matters enormously. If your relationship breaks down six months into the application process, the consequences are very different than if it breaks down when IRCC has already approved the sponsorship and the sponsored person is preparing to land as a permanent resident. Once IRCC has made a final decision approving the permanent residence application, the sponsor cannot withdraw the undertaking even if the relationship ends before the person actually lands in Canada.
I worked with a couple last year where this exact situation occurred. The sponsor came to me in a panic. IRCC had approved the spousal sponsorship application for his wife who was living in the Philippines. She had her visa and was planning to land in Canada in three weeks. But two weeks earlier, he’d discovered she’d been having an online relationship with someone else throughout their marriage. He wanted to withdraw the sponsorship.
I had to explain that it was too late. IRCC had already made their decision. She had her permanent resident visa. If she landed in Canada before that visa expired, she would become a permanent resident and he would be bound by his three-year undertaking regardless of the state of their relationship. His only option was to hope she chose not to use the visa – which, unsurprisingly, she did not.
This is why I always counsel sponsors to be absolutely certain about their relationship before submitting the application. Once that process is in motion, your ability to change your mind becomes increasingly limited as the application progresses.
But here’s the critical exception: if you discover evidence that suggests the relationship was fraudulent from the beginning – that your spouse married you solely to obtain Canadian permanent residence – you should immediately report this to IRCC with supporting evidence. IRCC takes marriage fraud extremely seriously and will investigate. If they determine the marriage was not genuine, they will refuse the application. But you need concrete evidence, not just suspicions or relationship problems.
Failure to notify IRCC about separation or divorce during the application process is considered misrepresentation. If the sponsored person fails to disclose this change and later lands in Canada as a permanent resident, IRCC could later revoke their permanent residence on grounds of misrepresentation. This is a serious immigration violation that can result in a five-year ban from entering Canada.
When Divorce Happens After Permanent Residence Is Granted
This is the scenario that generates the most myths and the most fear. Your spouse has already become a permanent resident through your sponsorship. Now you’re separating or divorcing. What happens?
For the sponsored spouse: your permanent residence is secure. Let me say that again clearly – if your relationship was genuine when you applied and when you landed in Canada, subsequent separation or divorce does not affect your permanent resident status.
Your sponsor cannot have you deported. Your sponsor cannot contact IRCC and “cancel” your permanent residence. Your sponsor cannot tell border officials not to let you back into Canada. These threats are empty. In 2017, the Canadian government abolished the conditional permanent residence rule that previously required sponsored spouses to live with their sponsor for two years. That rule no longer exists. You are not required to remain married or in the relationship to keep your PR status.
This protection exists because the government recognizes that relationships break down for legitimate reasons – including abuse, changed circumstances, or simply incompatibility. They don’t want sponsored individuals trapped in bad relationships out of fear of losing their immigration status.
However – and this is the critical exception – if IRCC has reason to believe that your marriage or relationship was never genuine, that it was entered into primarily for immigration purposes, they can investigate and potentially revoke your permanent residence. This is called marriage fraud or marriage of convenience, and it’s treated as a serious misrepresentation.
What raises red flags for IRCC? Relationships that end very shortly after permanent residence is granted. If you land in Canada as a permanent resident and separate from your sponsor within weeks or months, IRCC may investigate whether the relationship was genuine. If you never lived together after landing, if you immediately moved to a different city, if there’s evidence you were in another relationship during the sponsorship process, if the sponsor reports suspicions of fraud – these factors can trigger an investigation.
I represented a woman whose sponsor reported her to IRCC three months after she landed, claiming the marriage had been fake. His evidence? She’d left him six weeks after arriving in Canada. IRCC launched an investigation. We had to prove the relationship had been genuine at the time of application and landing – wedding photos, communication records spanning two years, financial intermingling, testimony from friends and family who knew them as a couple, evidence that the breakdown occurred because of his controlling behavior that only became apparent after she arrived in Canada. It took eight months to resolve, but her permanent residence was upheld because we demonstrated the relationship had been real.
Contrast that with a case where the sponsored spouse landed in Canada, lived with the sponsor for exactly three months, then moved across the country to be with someone she’d been dating online for years. The sponsor reported this to IRCC with evidence of the pre-existing relationship. IRCC investigated, found credible evidence of marriage fraud, and revoked her permanent residence. She was removed from Canada and received a five-year ban on re-entry.
The difference is clear. If your relationship was genuine and it ended after you became a permanent resident, you’re protected. If your relationship was a sham designed to obtain immigration status, you can lose your PR and face serious consequences.
The Three-Year Financial Undertaking: What Sponsors Must Know
When you sign the Sponsorship Agreement and Undertaking (Form IMM 1344), you’re making a legally binding promise to the Government of Canada. You’re agreeing to provide financial support for your spouse or partner’s basic needs for three years from the date they become a permanent resident. And here’s what most sponsors don’t fully grasp until it’s too late: this obligation continues regardless of what happens to your relationship.
The undertaking stays in effect even if you separate. Even if you divorce. Even if your ex-spouse becomes abusive. Even if they cheat on you. Even if they move to another province. Even if they become a Canadian citizen. Even if your financial situation collapses. Even if they’re working and earning more money than you. None of these circumstances cancel your financial obligation.
What does “providing for basic needs” actually mean? According to IRCC, you’re responsible for food, clothing, shelter, utilities, household supplies, personal items, and health care needs not covered by provincial health insurance – including dental care, vision care, prescription medications not covered by public plans, and other medical expenses.
In practical terms, this doesn’t necessarily mean you must directly pay their rent or grocery bills. What it means is that if your sponsored spouse receives social assistance from the government during the three-year undertaking period, you will be required to repay every dollar they received. The government essentially makes you the insurer of last resort.
Let me show you how this plays out. You sponsor your spouse. They become a permanent resident on January 1, 2023. Your three-year undertaking runs until January 1, 2026. You separate in June 2023. Your ex loses their job in March 2024 and applies for and receives Ontario Works (social assistance) totaling $12,000 over six months before finding new employment. The Ontario government can pursue you for that $12,000. If you don’t repay it voluntarily, they can take legal action to recover it. And until you repay that debt, you cannot sponsor any other family member.
This has created devastating situations. I’ve had clients who sponsored spouses, the relationship broke down within a year, and the sponsored spouse deliberately went on social assistance knowing the sponsor would be stuck with the bill. I’ve had sponsors who’ve had to pay back tens of thousands of dollars for social assistance their ex-spouses received during the undertaking period.
One client came to me $45,000 in debt to the Ontario government. She’d sponsored her husband. They’d separated eight months after he landed. He’d quit his job, applied for social assistance claiming he couldn’t work due to mental health issues, and collected benefits for almost two years during the undertaking period. She was working two jobs trying to support herself and her child from a previous relationship, and the government was pursuing her for every dollar he’d received. She had no legal recourse against him because spousal support under family law and the sponsorship undertaking are separate obligations.
Here’s where it gets more complicated. The sponsorship undertaking is not the same thing as spousal support under family law. These are two completely separate legal obligations that can both exist at the same time.
Spousal support under the Divorce Act or Family Law Act is an obligation between you and your ex-spouse as individuals. It’s determined by factors like length of the relationship, income disparity, roles during the relationship, and ability to become self-sufficient. Courts calculate spousal support using the Spousal Support Advisory Guidelines, considering both parties’ incomes and circumstances.
The sponsorship undertaking is an obligation between you and the Government of Canada. It exists regardless of whether you owe family law spousal support. In fact, courts have confirmed in cases like Aujla v. Aujla that these obligations are separate and distinct. You might owe no spousal support under family law but still be bound by your sponsorship undertaking. Or you might owe spousal support under family law and also be responsible for repaying social assistance under the undertaking.
Think of it this way: even if your ex-spouse is working and earning income, even if you’re paying them spousal support through family law proceedings, if they somehow qualify for and receive social assistance during the undertaking period, you’re still on the hook to reimburse the government. The sponsorship undertaking is about preventing sponsored immigrants from needing government financial assistance – it’s not about your personal relationship dynamics.
I worked on a case last year that perfectly illustrates this separation. The husband had sponsored his wife. They separated after 18 months. Under family law, based on their respective incomes and the length of the relationship, he owed her $800 monthly in spousal support, which he was paying. But she had significant dental work done that she couldn’t afford, and she applied for and received special benefits through social assistance totaling $6,500. The government pursued him for that $6,500 under the sponsorship undertaking, completely separate from his spousal support obligation. He ended up paying both.
There are limited circumstances where repayment of the debt might be deferred. In Ontario, if the sponsored person was experiencing abuse or violence from the sponsor, the Ministry of Community and Social Services may wait to collect the debt until either the sponsored person is no longer receiving assistance or until the undertaking period ends. But the debt doesn’t disappear – it’s just temporarily deferred to protect the vulnerable party.
For sponsors, this creates real financial risk that you need to consider before signing that undertaking. Ask yourself: if this relationship ends and my spouse goes on social assistance, can I afford to repay potentially thousands or tens of thousands of dollars? Because once you sign that undertaking, you cannot cancel it. You cannot get out of it. You’re bound for the full three years regardless of what happens.
Some provinces, including Quebec, have their own additional sponsorship requirements and undertaking terms. In Quebec, you sign both the federal undertaking and a separate Quebec undertaking. The Quebec government has its own process for evaluating sponsors and can refuse your undertaking if you’ve defaulted on previous sponsorships, failed to pay court-ordered support, or received social assistance yourself (with some exceptions).
The Five-Year Sponsorship Bar
Here’s another critical rule that catches people off guard: if you were sponsored to Canada as a spouse or common-law partner, you cannot sponsor a new spouse or partner for five years from the date you became a permanent resident. This is called the five-year sponsorship bar, and it applies even if you’ve left your sponsor, remarried, and become a Canadian citizen.
Let me break down a common scenario. You’re sponsored by your spouse and you become a permanent resident in 2022. Your relationship breaks down in 2023. You meet someone new and marry them in 2024. You cannot sponsor your new spouse until 2027 – five years from when you got your permanent residence. Even if you become a Canadian citizen in 2025, the bar still applies.
This rule was implemented to prevent potential abuse of the sponsorship system – situations where someone might be sponsored, gain permanent residence, divorce, and immediately turn around to sponsor someone else. The government wants to ensure that the original sponsorship was genuine and that sufficient time has passed to demonstrate that the second relationship is also legitimate.
The five-year bar creates real hardship for people who were genuinely sponsored, whose relationship broke down for legitimate reasons, who’ve met new partners, and who now have to wait years before they can bring their new spouse to Canada. But the rule is firm – there are no exceptions for hardship or genuine relationships. You must wait the full five years.
This applies specifically to people who were sponsored as spouses or common-law partners. If you obtained permanent residence through another immigration stream – economic immigration, refugee status, family sponsorship by a parent – the bar doesn’t apply to you.
And importantly, the bar only applies if your sponsorship application was received by IRCC on or after March 2, 2012. If your sponsorship application was received before that date, you’re not subject to the five-year bar regardless of when you became a permanent resident.
For sponsors, there’s a parallel consideration. Once your three-year undertaking period ends, you’re free to sponsor a new spouse assuming you meet all the regular sponsorship requirements. But if you defaulted on your previous sponsorship – if your previously sponsored spouse received social assistance and you haven’t repaid the debt – you cannot sponsor anyone else until that debt is fully repaid. The government maintains a database tracking sponsorship defaults, and any outstanding debt makes you ineligible to sponsor.
How Family Law and Immigration Law Intersect
When you’re going through separation or divorce after spousal sponsorship, you’re simultaneously navigating two legal systems that don’t always align neatly. Understanding how they interact is critical to protecting your interests on both fronts.
Family law governs the breakdown of your relationship. This includes property division, spousal support, child support if you have children, decision-making responsibility and parenting time, and all the other issues that arise when relationships end. Family law is largely provincial, though divorce itself is governed by the federal Divorce Act. Ontario’s Family Law Act governs separation for married couples who don’t divorce and for unmarried couples.
Immigration law governs your status in Canada and any obligations arising from sponsorship. This is entirely federal, administered by IRCC. Immigration law doesn’t care about your family law issues – whether you’re getting spousal support, how property was divided, or who was at fault for the relationship breakdown. Immigration law cares only about whether the relationship was genuine and whether the sponsor is fulfilling their undertaking obligations.
These systems intersect in several important ways. First, immigration status affects your rights and options in family law proceedings. A sponsored spouse who’s now a permanent resident has the same rights as any other permanent resident – they can stay in Canada, work, access services, and pursue family law remedies without immigration concerns. A sponsored spouse who hasn’t yet received permanent residence may be in Canada on temporary status, which affects their ability to work, their access to certain benefits, and creates urgency around the sponsorship process.
Second, family law spousal support and sponsorship undertakings can both require financial transfers from sponsor to ex-spouse, but they’re calculated and enforced differently. Courts determining family law spousal support will consider both parties’ circumstances, including the fact that one party sponsored the other. In some cases, Ontario courts have acknowledged that the sponsorship undertaking creates an existing obligation that should be factored into overall support analysis.
A recent Ontario case addressed this directly. The sponsor argued that since he was already bound by the three-year undertaking to support his ex-wife, this should reduce or eliminate his family law spousal support obligation. The court rejected this argument, finding that while the undertaking is relevant context, it’s a separate obligation to the government and doesn’t override the family law analysis. The sponsor ended up owing both the undertaking obligation (if she claimed social assistance) and monthly spousal support under family law.
Third, your conduct during the relationship breakdown can have immigration implications. If you’re the sponsored spouse and you make false accusations of marriage fraud against your sponsor out of spite, this can backfire. If you’re the sponsor and you threaten your spouse with deportation to control them, this could be considered a form of abuse and might affect both criminal proceedings and family law orders.
Fourth, evidence gathered for family law proceedings might be relevant to immigration investigations and vice versa. If your ex claims the marriage was fraudulent, IRCC might investigate. Evidence you’ve gathered about the genuine nature of your relationship for family law purposes can help defend against those allegations. Conversely, if you’ve told family court that the marriage was very brief or that you were coerced, those statements could potentially be used to question whether the relationship met immigration requirements.
The key is understanding that these are parallel processes requiring coordinated strategy. You can’t ignore the immigration implications of your family law case, and you can’t ignore the family law implications of your immigration status. When I work with clients in these situations, I often coordinate with immigration lawyers to ensure we’re protecting their interests on both fronts.
What to Do If Your Sponsorship Relationship Is Breaking Down
If you’re facing separation or divorce after spousal sponsorship, the steps you take right now matter enormously. Here’s what both sponsors and sponsored spouses need to do to protect themselves.
For sponsored spouses who are already permanent residents:
Understand that your PR status is secure if the relationship was genuine. Don’t stay in an unhealthy or abusive relationship out of fear of losing your immigration status. You have every right to separate or divorce without immigration consequences. If your sponsor threatens deportation, understand that these are empty threats and potentially a form of emotional abuse.
Document the genuine nature of your relationship. Even though your PR is secure if the relationship was real, if your ex-sponsor reports you for marriage fraud, IRCC may investigate. Keep evidence that proves your relationship was genuine – photos, communication records, joint bills, proof you lived together, testimony from friends and family. This evidence protects you if questions arise.
Do not lie to IRCC. If IRCC contacts you as part of an investigation, be truthful. Explain that the relationship was genuine when you applied and landed but has since broken down. Lying or providing false information is misrepresentation and can result in loss of PR status and a five-year ban from Canada.
Understand your family law rights. As a permanent resident, you have the same rights as any Canadian in family law proceedings. You can seek spousal support if you’re entitled to it, pursue property division, seek orders regarding children if applicable, and obtain restraining orders if there’s violence or threats. Don’t let immigration concerns prevent you from exercising these rights.
If you’re experiencing abuse, get help immediately. Organizations like Immigrant Women Services Ottawa and similar agencies across Canada provide support specifically for immigrant women experiencing abuse. You can leave an abusive relationship without risking your immigration status. Many provinces have specific programs to help immigrant women escaping domestic violence.
Know the five-year bar if you want to sponsor a new partner. If you’ve met someone new and want to sponsor them, remember you cannot do so until five years from when you became a permanent resident. Plan accordingly and consider alternative immigration pathways for your new partner if timing is an issue.
For sponsored spouses whose PR application is still in process:
Notify IRCC immediately if the relationship ends. Both you and the sponsor have an obligation to report material changes. Failure to do so is misrepresentation. Be honest about the relationship breakdown. If you were in a genuine relationship but it has ended, explain that. Trying to hide the separation can lead to serious consequences including a five-year ban.
Understand that the sponsorship likely cannot proceed. If you separate before permanent residence is granted, the sponsorship application will typically be refused or withdrawn. You’ll need to find another immigration pathway if you want to remain in Canada. Consult with an immigration lawyer about your options.
Preserve your temporary status if you’re in Canada. If you’re in Canada on a Spousal Open Work Permit or other temporary status, that status may be affected by the sponsorship withdrawal. Take steps to maintain legal status – whether through extending your work permit under another category, applying for a visitor record, or pursuing another immigration stream.
For sponsors before permanent residence is granted:
Withdraw the sponsorship immediately if the relationship has ended. Contact IRCC through the webform and explain that the relationship has broken down and you wish to withdraw your sponsorship application. Do this before IRCC makes a final decision if possible. Once PR is granted, you cannot withdraw even if they haven’t landed yet.
Report suspected marriage fraud if you have evidence. If you discover your spouse married you solely to obtain immigration status, report this to IRCC with supporting evidence. Don’t make false accusations out of spite – but if you have genuine evidence of fraud, IRCC will investigate.
Understand you cannot withdraw just because the relationship got difficult. If you signed the sponsorship papers, the relationship was genuine but has now broken down, and IRCC has approved the application, you’re bound by your undertaking once they land as permanent residents. You can’t withdraw just because things didn’t work out.
For sponsors after permanent residence is granted:
Accept that you’re bound by the three-year undertaking. Separation or divorce doesn’t end this obligation. You’re financially responsible for your ex-spouse’s basic needs for three years from when they became a PR. This means if they receive social assistance, you must repay it.
Document the genuine nature of the relationship if accusations arise. If your ex threatens to report you for sponsoring a marriage of convenience, or if IRCC investigates, you need evidence that the relationship was real when the sponsorship occurred. This protects you from false allegations.
Consider the interaction with family law spousal support. You may owe family law spousal support to your ex in addition to being bound by the undertaking. These are separate obligations. Consult with a family lawyer about your spousal support obligations under family law and factor in your undertaking obligations when planning your finances.
Track when the undertaking period ends. Mark on your calendar exactly three years from the date your ex became a permanent resident. After that date, your undertaking obligations end. Keep records of that date in case you want to sponsor another family member in the future and need to prove your previous undertaking has expired.
Repay any social assistance debt as quickly as possible. If your sponsored ex receives social assistance during the undertaking period and the government pursues you for repayment, pay this debt as soon as you can. Outstanding sponsorship debt prevents you from sponsoring anyone else and can affect your credit and financial standing.
Both parties should consider:
Consult both a family lawyer and an immigration lawyer. These cases sit at the intersection of two legal systems. You need advice from professionals who understand both areas. At Nussbaum Law, we work with immigration lawyers when our family law cases involve sponsorship issues to ensure our clients are protected on all fronts.
Keep detailed records of everything. Document communications, financial transactions, living arrangements, relationship timeline, and any agreements you reach. These records protect you whether questions arise about the genuineness of the relationship or disputes emerge about financial obligations.
Don’t use immigration status as a weapon. Sponsors, don’t threaten deportation or use your ex’s immigration status to control them. Sponsored spouses, don’t make false fraud accusations to gain advantage in family law proceedings. These tactics can backfire legally and ethically.
Understand the timeline and plan accordingly. The three-year undertaking, the five-year bar, the timing of when the relationship ended relative to when PR was granted – all these timelines matter. Map them out so you understand when obligations begin and end.
Common Myths That Can Destroy Your Case
Let me address the most dangerous misconceptions that circulate in immigrant communities, because believing these myths can cost you your immigration status or tens of thousands of dollars.
Myth: “If we divorce, my sponsored spouse will be deported.” False. If the relationship was genuine, divorce after permanent residence doesn’t affect immigration status. Your ex-spouse keeps their PR status and you remain bound by your financial undertaking.
Myth: “I have to stay married for two years or I’ll lose my PR.” This was true until 2017 when conditional permanent residence existed. That rule was abolished. You don’t need to stay in the relationship for any specific period after landing.
Myth: “Once my ex becomes a Canadian citizen, I’m no longer financially responsible.” False. The undertaking is for three years from the date they became a permanent resident, period. Citizenship doesn’t end that obligation. You’re on the hook for the full three years.
Myth: “If my sponsored spouse is working, I have no financial obligation.” Partly false. Their employment helps them avoid needing social assistance, which protects you. But if they somehow still qualify for and receive social assistance during the undertaking period (for instance, special benefits not based on employment status), you’re responsible for repaying it.
Myth: “My sponsor can call immigration and cancel my permanent residence.” False. Sponsors have no power to revoke permanent residence. Only IRCC can revoke PR, and only if they prove the relationship was fraudulent or there was misrepresentation.
Myth: “If we separate during the application process, I can just not tell immigration and finish the process.” Extremely false and dangerous. This is misrepresentation. Both parties must report material changes including relationship breakdown. Failing to do so can result in a five-year ban from Canada.
Myth: “I can sponsor a new spouse immediately after my divorce.” False if you were the one who was sponsored. The five-year bar prevents you from sponsoring a new partner for five years from when you got PR. True if you were the sponsor and your three-year undertaking has ended and you’ve repaid any social assistance debt.
Myth: “The government won’t really come after me for social assistance my ex received.” False. Provinces track sponsorship undertakings and actively pursue sponsors for repayment when sponsored individuals receive social assistance. They have legal mechanisms to collect these debts including wage garnishment and liens.
Protecting Your Future
Whether you’re contemplating sponsoring a spouse, you’re currently in a sponsorship situation and the relationship is deteriorating, or you’re already separated and trying to understand your rights and obligations, you need clear legal advice tailored to your specific situation.
The intersection of Canadian family law and immigration law is complex. The financial stakes can be enormous. Your immigration status, your ability to remain in Canada, your financial security for years to come – all of these hang in the balance when spousal sponsorship and relationship breakdown collide.
Don’t make decisions based on what you heard from a friend or read on an internet forum. Don’t stay in an unsafe relationship because you’re afraid of immigration consequences. Don’t assume your obligations end just because the relationship did. And don’t make threats or accusations about immigration fraud unless you have genuine evidence, because false allegations can have serious consequences for both parties.
At Nussbaum Law, we’ve guided clients through the complicated intersection of family law and immigration sponsorship for over a decade. We understand the unique pressures and fears that arise when relationship breakdown involves immigration status. We work collaboratively with immigration lawyers when necessary to ensure you’re protected on all fronts – your family law rights, your immigration status, and your financial security.
We’ve helped sponsored spouses understand that their permanent residence is secure and they can safely leave abusive relationships. We’ve helped sponsors navigate their three-year financial obligations and structure separation agreements that account for undertaking responsibilities. We’ve provided clarity about timelines, rights, and realistic outcomes when immigration and family law intersect.
If you’re facing separation or divorce after spousal sponsorship, contact Nussbaum Law for a consultation. We’ll review your specific situation – whether the permanent residence has been granted, how long ago, what province you’re in, whether there are children involved, what your financial circumstances are – and provide clear advice about your rights, obligations, and options.
Your relationship may be ending, but your life in Canada doesn’t have to. Whether you’re the sponsor worried about financial obligations or the sponsored spouse concerned about your status, get the information you need to make smart decisions and protect your future.
Because the stakes are too high to navigate this alone.
