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When you agree to sponsor your spouse or partner for Canadian permanent residency, you sign a legally binding sponsorship undertaking. Many sponsors assume that divorce or separation will end this responsibility but that is not the case.

This blog explains:

• Whether divorce ends sponsorship obligations

• What sponsors are legally responsible for

• How IRCC handles fake relationships and marriage fraud

• Required documents for spousal and common-law sponsorship

• Frequently asked questions about Canada sponsorship

What Is a Sponsorship Undertaking?

When you sponsor your spouse, common-law partner, or conjugal partner, you sign an undertaking agreement with the Canadian government.

This agreement is a promise to financially support the sponsored person and their dependent children so they do not rely on social assistance.

Basic Needs Covered Under Sponsorship

You are responsible for providing:

• Food, housing, clothing, and daily living essentials

• Dental care, eye care, and other health services not covered by public healthcare

If the sponsored person receives social assistance, the government can demand that you repay the full amount.

How Long Does Sponsorship Responsibility Last?

• 3 years from the day the sponsored spouse or partner becomes a permanent resident

• Rules are slightly different for Quebec residents, where provincial regulations apply

Does Divorce or Separation End Sponsorship?

No. Divorce does NOT cancel sponsorship obligations.

The undertaking remains valid even if:

• You divorce, separate, or end the relationship

• One or both of you move to another country or province

• The sponsored person becomes a Canadian citizen

• You experience financial hardship

The sponsorship agreement is legally enforceable for its full duration.

What If the Relationship Is Not Genuine?

IRCC carefully examines every spousal sponsorship to ensure the relationship is real and not entered into for immigration benefits.

What Is a Marriage of Convenience?

A marriage of convenience is a relationship entered into solely for immigration purposes. These cases are treated as immigration fraud.

IRCC officers are trained to detect:

• Fake marriages

• Non-genuine common-law partnerships

• Relationships formed only to gain PR status

Marriage Fraud and Scams

In some cases, sponsors become victims of marriage fraud, where:

• The sponsored person leaves the relationship shortly after gaining PR

• The sponsor is used solely to immigrate to Canada

If you believe you are a victim:

• Report the situation to IRCC immediately

• You may still be financially responsible under the undertaking

• IRCC will investigate and take action against the fraudulent applicant

Possible Consequences for Fraud

IRCC may:

• Lay criminal charges

• Ban the person from Canada for up to 5 years

• Deport them

• Revoke permanent resident or even Canadian citizenship status

Documents Required for Spousal Canada Sponsorship

IRCC requires proof that all relationships opposite-sex or same-sex are genuine.

If You Are Married

You must submit:

• IMM 5532 – Relationship Information and Sponsorship Evaluation questionnaire

• Valid marriage certificate

• Proof of marriage registration with a government authority

• Proof of divorce (if previously married)

• Long-form birth certificates or adoption records for shared children

• Wedding photos and invitations

If same-sex marriage is not legal in the applicant’s country, apply as common-law or conjugal partners.

Common-Law Partner Sponsorship

A common-law relationship means:

• You have lived together continuously for at least 12 months in a marriage-like relationship

Required Evidence Includes:

• Joint leases or shared home ownership

• Shared bills (phone, electricity, internet, gas)

• Joint bank accounts or credit cards

• Proof of financial support

• Letters from friends and family confirming the relationship

• Social media evidence of a public relationship

Additional Proof Required for All Couples

Sponsors and applicants must provide at least two of the following:

• Joint property ownership

• Rental agreements showing both names

• Shared service accounts

• Joint insurance policies

• Government-issued ID showing the same address

If unable to provide two items, a detailed written explanation is required.

If the Couple Does Not Currently Live Together

You must prove you lived together for at least one year by submitting:

• Communication records (texts, emails, calls, social media – max 10 pages)

• Travel proof such as boarding passes and flight tickets

• Passport stamps showing visits

• Explanation in IMM 5532 (Part C, Question 4) if visits did not occur

Key Takeaways

• Divorce or separation does not end sponsorship obligations

• Sponsorship is legally binding for the full duration

• IRCC actively investigates fake marriages and fraud

• Strong documentation is essential

• Common-law partners must prove 12 months of cohabitation

Frequently Asked Questions (FAQs)

1. Can divorce stop spousal sponsorship in Canada?

No. Sponsorship continues even after divorce or separation.

2. What happens if IRCC finds the relationship is fake?

Legal action may include criminal charges, deportation, bans, or loss of PR/citizenship.

3. What documents are required for spousal sponsorship?

IMM 5532, marriage certificate, proof of divorce (if applicable), and relationship evidence.

4. What documents prove a common-law relationship?

Joint bills, shared housing, financial proof, and letters from family and friends.

5. Can couples apply if they don’t live together now?

Yes, if they can prove at least one year of past cohabitation.

6. Can sponsors stop responsibility due to financial hardship?

No. Financial difficulties do not end the undertaking.

7. What should I do if I’m a victim of marriage fraud?

Report it to IRCC immediately. They will investigate and decide next steps.