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Impact of Divorce or Marriage Annulment on Canada PR Sponsorship

Impact of Divorce or Marriage Annulment on Canada PR Sponsorship

As a Canada PR Visa sponsor, you are required to sign an undertaking that denotes your assurance to offer monetary support for the essential needs of your partner or spouse and their dependent kids. Essential needs are inclusive of:

  • Shelter, Food, Clothing, and other needs for day-to-day life
  • Eye care, Dental care, and other healthcare services not included under public health services

Further, prior to signing the undertaking, you have to make sure that the individual you are agreeing to sponsor will not seek financial help from the Government. If they get social assistance in Canada, you will have to repay the amount received by them while you are lawfully responsible for them. Safe Child Care in Abu Dhabi, Al Mushrif, Al Shamkah, Al Qattara, UAE

The validity of the undertaking for a conjugal partner, common-law partner, or spouse is 36 months from the date the sponsored individual gets Permanent Resident status in Canada. The duration of the undertaking is different for Quebec residents from those in the rest of Canada.

Crucially, the undertaking is a vow of support and is binding. It implies that your responsibility to support the applicant for the full duration of the undertaking does not get affected by changes in your situation.

The undertaking will not be canceled or end even if:

Authenticity of the Relationship

Immigration, Refugees and Citizenship Canada /IRCC Officer will assess your relationship when you file an application to sponsor your partner or spouse. The officer has to be convinced that the relationship is authentic.

For demonstrating the authenticity of the relationship you will have to provide specific documents as proof of the relationship. It includes marriage invitations, evidence of jointly owned residential property, or other documentation proving that the sponsor and applicant reside at the same address or possess joint accounts like tax forms, phone bills, etc.

The application will be rejected if the common law partnership or spousal relationship is not authentic or was entered into with the objective of getting a privilege or status.

Fake Relationships and Immigration Consequences

Sometimes, overseas applicants and sponsors enter into what is termed as “weddings of convenience”. It is a relationship or marriage having the sole objective of immigration of a sponsored individual to Canada.

Officers in IRCC are experts who can identify authentic immigration applications. Further, Permanent Residents or Citizens in Canada who are in a wedding of convenience for purposes of immigration may have to face criminal charges.

In some situations, Permanent Residents or Citizens in Canada are victims of fraudulent marriages. This is revealed upon completion of the sponsorship process. The sponsored individual will end and leave the relationship or marriage after receiving the Permanent Resident status. This is nothing but using the sponsor for immigration to Canada.

You have to connect with IRCC and explain the circumstances if you are a victim of fraudulent marriage. Nevertheless, you will remain liable for the undertaking of the sponsored individual.

However, the sponsored individual will have to face consequences and the consequences of the fraud will be determined by IRCC which can:

  • Ban the individual from Canada for 5 years
  • Frame criminal charges against the individual
  • Make the individual to exit Canada
  • End their status as Citizen or Permanent Resident in Canada

The Government of Canada offers information related to safeguarding against immigration fraud. It recommends that you remain cautious while marrying a person and sponsor them for immigration to Canada. It is particularly true if you have met recently and the individual is in a hurry for marriage, has been married several times, or has not shared much detail regarding their family or background.

Undertaking: A Binding Pledge

The Undertaking for Canada PR Sponsorship is a lawful commitment and is not only a formal procedure.  Once you sign it you are lawfully bound to take care of the essential needs of the sponsored partner or spouse and their dependent kids. This is applicable for three years from the date they get Permanent Resident status.

Most significantly, the undertaking remains effective notwithstanding any significant changes in the relationship:

Annulment or Divorce: The monetary liability remains effective throughout the period of the undertaking even if your marriage ends formally

Separation: The undertaking is not nullified by living apart

Breakdown of Relationship: The undertaking remains valid even if there is the occurrence of formal separation or otherwise

Relocation: The monetary obligations remain unaffected by moving to a new province or nation

Nationality of Sponsored Individual: The undertaking remains valid even if your partner or spouse gets Citizenship of Canada

Monetary Difficulties: You are not freed from the commitment due to monetary constraints

The rationale of the Government for this binding undertaking is twofold:

  • Safeguarding Public Funds: The Government of Canada minimizes the load on social security programs by making sure that the sponsors remain liable for the individuals sponsored
  • Promoting Authentic Relationships: The undertaking curbs marriage of convenience with the sole objective of immigration

Safeguarding Yourself from Fraud Marriage

Though the undertaking is binding on you, it is vital that you remain aware of prospective manipulation. If you have a suspicion that your partner/spouse entered into a relationship with you chiefly for purposes of immigration, you may:

Contact IRCC 

Report to IRCC about your concerns. It can conduct an investigation and initiate suitable action against the individual sponsored inclusive of ending their PR status.

Collect Evidence

Collate documents supporting your suspicions like testimonies from witnesses, monetary transactions, and communication records.

  • Remember that:
  • Marriage fraud is taken seriously by IRCC
  • Victims have options in case of fraudIf you are a skilled professional seeking to make a contribution to the thriving Canadian economy or an entrepreneur seeking business growth contact the Best Immigration Consultant in India Nationwide Visas to check your Canada PR eligibility.

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