When you have been sponsored to immigrate to Canada however have now separated, you will want to pay attention to essential immigration legislation penalties arising out of your separation. Our Vancouver immigration lawyer, Raha Seyed Ali solutions some continuously requested questions concerning the sponsored partner who has now separated.

In our previous blog, we talked in regards to the penalties of separation for the Canadian immigration sponsor. This text talks in regards to the penalties for the partner who has been sponsored to immigrate to Canada.

Nobody besides Immigration Canada and its authorities can deport you. Nonetheless, your partner can do the next if she or he sponsored you:

  • In the event you already obtained your everlasting residency from Immigration Canada, the separation will not be going to have an effect on your immigration standing and your ex can’t ask to have your deported. Nonetheless, in case your partner tells Immigration authorities that your marriage was entered into for immigration functions or you’ve got misrepresented your self within the software, Immigration Canada might begin an investigation. If confirmed that the wedding was for immigration functions solely, Immigration Canada can revoke your Everlasting Residency standing.
  • In the event you do not need your Everlasting Residency however the Software has been began by your Partner: she or he should inform Immigration Canada of the change in standing and cease the method of the applying. On this state of affairs, you’ll possible have to depart the nation or apply to remain below a distinct immigration class.

Communicate with our experienced immigration lawyers about your choices.

Can I Lose My Canadian Everlasting Residency if I Divorce?

No, should you acquire Everlasting Residence by the Spousal Sponsorship class in Canada, separation or divorce won’t have an effect on your standing.

It will depend on your immigration standing:

  1. When you have obtained Canadian everlasting residency standing, you’ll not be requested to depart Canada due to the breakdown of your marriage or frequent legislation relationship.
  2. In case your relationship ends whereas the sponsorship software remains to be in course of, i.e., you do not need everlasting residency but, you and your sponsor should inform the workplace processing your software instantly in regards to the marriage breakdown. You’ll need to stop to proceed with the sponsorship software and probably apply below a distinct class.

In case you are inside Canada and needed to stop to proceed with the sponsorship software, you will need to consult with an immigration lawyer to get recommendation about your immigration choices and keep away from staying in Canada illegally.

I Solely Married So I Might Immigrate to Canada. Is {that a} Drawback?

It’s unlawful to marry or apply for sponsorship just for immigration functions. Your marriage or relationship must be ‘actual’ and in ‘good religion’. In case your relationship was entered into for immigration functions or should you misrepresent materials data within the sponsorship software, immigration authorities might examine your case. You may face extreme penalties together with:

  1. Lack of everlasting resident standing,
  2. Deportation from Canada,
  3. Getting banned from coming into Canada for at the very least 5 years.

When you have been sponsored, you can not sponsor a brand new partner or associate inside the first 5 years gaining everlasting residence in Canada.

Will I Lose My Everlasting Residency If I Apply for Social Help after Separation?

It’s authorized and you might be allowed to use for social help. You received’t lose your immigration standing if it’s good to apply for social help to cowl your primary wants.

You may have the precise to depart your partner. It’s sensible to maintain data or any proof that proves any abuse within the relationship. If the sponsorship software was in course of and now you’ve got left your sponsor attributable to abuse within the relationship, you would possibly have the ability to apply for TRP (Non permanent Resident Allow) or Humanitarian and Compassionate software and acquire authorized standing in Canada accordingly.

At YLaw, we concentrate on household legislation and immigration legislation. Speak to our skilled household immigration legal professionals about your choices. 

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Immigration Insurance policies & applications are topic to vary. For the most recent updates, please seek the advice of our legal professionals or www.Canada.ca/Immigration.

 

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