Does Divorce Impact My Immigration Status?

Divorce can have significant implications for your immigration status in Canada, depending on your specific circumstances. Understanding how divorce affects your status, whether you are a permanent resident (PR), temporary resident, or in the process of applying for PR, is crucial.

Understanding Your Immigration Status

Your immigration status in Canada dictates your rights, responsibilities, and the impact of major life changes such as divorce. Impacts of divorcing, whether you are a permanent resident, temporary resident, or in the process of applying for permanent residence, may have impacts on your status and ability to remain or gain status in Canada. Generally, divorce affect on being a Canadian citizen is nonexistent however there are rare cased when a Canadian citizen may be impacted if they gained their Canadian immigration status from fraudulent means.

Permanent Residents

As a permanent resident, your status is relatively secure, and divorce generally does not affect your right to stay in Canada. However, certain conditions apply if you obtained your PR through spousal sponsorship. If you are planning to sponsor your spouse for permanent residence status, variables of how you or your spouse were divorced may play a factor.

Temporary Residents

If you are in Canada on a temporary status, such as a work permit or study permit, your immigration status could be directly affected by a divorce, particularly if your permit is tied to your spouse.

Impact of Divorce on Permanent Residents Status

Divorce does not typically revoke your permanent resident status. However, it can have indirect effects if your status is conditional or if you are in the process of applying for permanent residency.

Conditional Permanent Residence

If your permanent resident status was conditional, such as being obtained through a spousal sponsorship, the dissolution of the marriage could trigger a review of your case, to ensure it was not a marriage of convenience. If you were sponsored for PR, there is a bar on when you are eligible to sponsor a new spouse.

Applying for Permanent Residence

If you are applying for permanent residence and there is a divorce during PR application Canada before the finalization, the sponsor, or principal applicant must notify Immigration, Refugees, and Citizenship Canada. This includes both separation or divorce. This notification is crucial, as failure to report changes in your marital status can lead to misrepresentation and potential bans from Canada.

Spousal Sponsorship and Divorce

Divorce has a significant impact on spousal sponsorship applications either through marriage or common law relationship. If you are being sponsored by your spouse for permanent residence and you get divorced, the sponsorship application cannot proceed.

Withdrawal of Sponsorship

In the event that there is a relationship breakdown leading to a divorce, your spouse can withdraw the sponsorship application. This means you will not be able to continue with your PR application based on that sponsorship.

Humanitarian and Compassionate Grounds

If you are in an abusive relationship, experiencing domestic violence, and decide to leave your sponsor, there are options available to continue your application on Humanitarian and Compassionate (H&C) ground, preventing the deed to leave Canada. This provision allows individuals facing extraordinary circumstances to apply for permanent residence despite their sponsorship being withdrawn.

Temporary Residents and Divorce

For temporary residents, divorce can directly impact your ability to remain in Canada, especially if your status is linked to your spouse.

Work Permits

If you are in Canada on an open work permit obtained through your spouse’s status, divorce will not immediately void your permit. However, you will not be able to extend your status based on your former spouse’s situation. You can stay in Canada for the duration of your permit, but you must seek alternative ways to maintain your status once it expires.

Study Permits

If your study permit is tied to your spouse’s status and you get divorced, you will need to inform IRCC and possibly change your status or obtain a new permit independently.

Reporting Life Events and Maintaining Immigration Status

It is critical to report any changes in your marital status to IRCC. Failure to do so can lead to serious consequences, including misrepresentation, which may result in a five-year ban from entering Canada. If you were divorced abroad it is important to have your foreign divorce recognized in Canada.

Updating Your Status

Ensure all your immigration forms reflect your current status. For example, if you were on a spousal open work permit, you need to update your application to reflect your new status.

Avoiding Misrepresentation

Misrepresentation, intentional or not, can have severe repercussions. Always provide truthful and updated information to immigration authorities to avoid penalties.

Seeking Professional Advice from an Immigration Lawyer

AKM Law can provide personalized advice based on your specific situation. They can help you understand the impact of divorce on your status, assist with applications, and represent you in legal matters. Seek legal advice from AKM Law is your best course on who can provide clarity and guidance, ensuring you navigate this challenging time with the right support and information.

Legal Disclaimer: This article provides general information only and does not constitute legal advice. For legal advice, consult the relevant legislation or regulations, or contact our immigration lawyers directly.