Can Divorce Marriage Cancel Canada Sponsorship: You have to sign an undertaking when you agree to be a sponsor. This is a promise to pay for your husband or partner’s basic needs and the needs of their dependent children.
Some basic needs are:
- Food, shelter, clothing and other needs for daily living
- Dental care, eye care and other health needs that are not covered by public health services
Before you sign the undertaking, you must also be sure that the person you are supporting will not ask the government for money. Anyone in Canada who gets social assistance will have to pay you back for the money they got while you were legally responsible for them.
If you are a husband, common-law partner, or conjugal partner, you have to promise to support someone for 3 years after they become a permanent resident. For people who live in Quebec, the length of the task is different from that for people who live outside of Quebec.
It’s important to note that the undertaking is a legally binding promise of support. This means that you must help the application for as long as the undertaking lasts, even if your situation changes.
The undertaking will not be canceled:
- If you get divorced, separated, or your friendship with the person you’re sponsoring ends.
- That person or you move to a different state or country
- The person who is sponsored becomes a citizen of Canada.
- You’re having money problems.
What should you do if the relationship turns out to be fake?
When you apply to sponsor your spouse or partner, an officer from Immigration, Refugees, and Citizenship Canada (IRCC) will look at your bond. The officer has to be sure that there is a real bond.
To show that the relationship is real, the applicants must submit certain documents that show proof of the relationship. As proof, wedding notes, proof that the applicant and sponsor own a home together, or other papers that show they live at the same address or have joint accounts (like cell phone bills or tax forms) can be used.
A spouse relationship or common law partnership that isn’t real or that was formed mainly to get some kind of advantage will be refused by the officer.
“Marriages of convenience” happen between sponsors and foreign applicants sometimes. This is a marriage or relationship whose only goal is to help the sponsored person come to Canada.
IRCC workers are trained to spot real applications for immigration. It is also possible to charge a crime against a Canadian citizen or permanent resident who is in a marriage of convenience for immigration reasons.
A Canadian citizen or permanent resident may be a victim of marriage scams from time to time. Once the funding process is over, marriage fraud happens. Once the sponsored person gets permanent residence, they will leave their marriage or relationship and stop being with their sponsor. This is how they basically use their sponsor to get into Canada.
If you have been a victim of a marriage scam, you need to call IRCC and tell them what happened. Even though you will still be responsible for the undertaking of the person you sponsored, that person will also have to deal with other consequences , and IRCC will decide how to handle the fraud.
IRCC can do these things:
- Put them on a criminal trial.
- Canada can ban them for five years.
- Canada can remove them from the country.
- Canada can revoke their status as permanent resident or a Canadian citizen.
The Canadian government gives people information on how to avoid falling for visa fraud. When you marry someone and sponsor them to come to Canada, you should be very careful, especially if you just met, they want to get married quickly, they’ve been married a lot of times before, or they haven’t told you much about their family or past.
Documents required for a Spouse Sponsorship
IRCC needs documentation from all couples, including same-sex couples, which can provide proof that proves the relationship is genuine. Types of documentation required by IRCC can depend on factors like: if the couple is married or common-law in Canada.
If the couple is married:
Several official documentations are required for a married couple including:
- IMM 5532 a completed Relationship Information and Sponsorship Evaluation questionnaire which is included in the application package
- An official certificate of marriage
- Marriage registration proof with a government which can be a local, provincial, state or country authority
- In case the applicant or the spouse was previously married, proof of divorce
- In case of children in common, long-form birth certificates or adoption records listing the names of both parents if the principal applicant and sponsor have any
- Wedding photographs and wedding invitations are also required.
Couples who are of same sex and whose marriage is not legalized by the foreign national’s country, the couples must apply as a common-law relationship. Also the couples should apply as a conjugal partner in cases when the couple is unable to live together due to an inability to get long-stay visas.
Common Law Partner
In Canada, a common-law relationship is between two people who are not married and have lived together as a married couple for at least one year. Couples who are not married must submit the same documents as married couples, but without the wedding photos and invitations.
- They must also show proof that the relationship is recognized by friends and family, such as letters from friends and family or social medical information that shows a public relationship.
- Proof of the financial support between the applicant and partner along with shared expense documents.
A sponsor and the main applicant must also provide items from at least two of the following sets of papers for both married and common-law relationships.
- proof that you and another person own a home together.
- rental agreement that lists both the sponsor and the main applicant as renters of a place
- Proof that you have joint credit card accounts, joint bank accounts, or joint service accounts (like phone, internet, electricity, gas, and so on).
- Insurance for your car showing that both the main applicant and the sponsor have told the insurance company that they live at the home of the insured.
- Copies of government-issued IDs (like driver’s licenses) for both the main candidate and the sponsor that show the same address
- other proof of address given to the main applicant and sponsor, even if the accounts are not held jointly (for example, cell phone bills, pay stubs, tax forms, bank or credit card records, insurance policies).
For couples to get out of having to give at least two of these papers, they will have to write a long explanation.
In Canada, couples can show that they have been living together as married partners by:
- Credit cards or bank accounts for both people
- Property that is owned by two people together
- joint leases on homes
- two sets of rental papers
- Joint utility accounts for phone, gas, electricity, and water
- Taking care of family expenses together
- proof of purchases made together, especially for home goods
- letters sent to either or both parties at the same address;
- important documents for both parties that show the same address, such as driver’s licenses, identification cards, and insurance policies;
- sharing of household management and chores;
- and a record of phone calls.
If the couple is not living together in Canada, they need to show proof that they lived together for at least one year by:
- Proof they talked on the phone, through letters, copied text messages, emails, social media posts, or other written records that they were in touch. This shouldn’t be longer than 10 pages.
- Flight tickets or boarding passes, or photos of passports with stamps, can show that the Canadian citizen or permanent resident has visited their partner. It is necessary for the sponsored person to explain why trips did not happen on Part C, Question 4 of the IMM 5532 questionnaire.
- Divorce, separation, or the end of the relationship does not cancel the sponsorship undertaking.
- IRCC is vigilant against marriage scams designed to exploit the immigration system
- Fraudulent cases may lead to legal consequences for the perpetrator.
- Required documents include a completed questionnaire (IMM 5532),
- Marriage certificate, proof of divorce (if applicable), and supporting evidence like wedding photos.
- Common-law partners need to demonstrate a one-year cohabitation
- Conjugal partners must provide evidence of commitment, such as joint financial accounts.
FAQs on Canada Sponsorship:
1. Can a divorce or canceled marriage cancel the Canadian immigration sponsorship?
No, the undertaking is a legally binding promise of support, and it will not be canceled if you get divorced or if the relationship with the sponsored person ends.
2. What if the relationship turns out to be fake?
If a relationship is found to be fake or a marriage of convenience, IRCC may take legal actions, and consequences may include criminal charges, a ban from entering Canada, deportation, or revocation of permanent resident or Canadian citizen status.
3. What documents are required for spouse sponsorship?
Documentation requirements vary based on the type of relationship. For married couples, this may include a completed questionnaire (IMM 5532), marriage certificate, divorce proof (if applicable), and other supporting documents like wedding photos and invitations.
4. What documents are needed for common-law partnerships?
Common-law partners must provide proof of their relationship lasting at least one year. This can include joint financial records, shared expenses, proof of cohabitation, and letters from friends and family acknowledging the relationship.
5. How can conjugal partners demonstrate their relationship?
Conjugal partners need to show evidence of their commitment, such as shared financial accounts, joint property ownership, joint leases, utility bills, shared expenses, and proof of purchases made together.
6. Can couples who haven’t lived together in Canada apply for sponsorship?
Yes, couples not living together in Canada must prove they lived together for at least one year. This can be demonstrated through communication records, flight tickets, boarding passes, or photos of passports with stamps.
7. Can a sponsor be released from providing specific documents?
Couples may be exempted from providing certain papers if they provide a detailed explanation. However, this requires a thorough justification in writing.
8. Can a sponsor end their responsibility if they face financial problems?
No, financial problems do not cancel the undertaking. The sponsor must fulfill their commitment even if they encounter financial difficulties.
9. How can one report marriage fraud or scams?
Victims of marriage scams should contact IRCC to report the incident. While the sponsor remains responsible for the undertaking, IRCC will investigate and determine appropriate actions against the fraudulent party.
10. How does IRCC verify the authenticity of a relationship?
IRCC assesses the relationship through various means, including submitted documents such as wedding notes, shared ownership of property, joint accounts, and other evidence that demonstrates a genuine and lasting connection.