Can Being Divorced In Canada Affect My Immigration Status?

Immigration

Even though marriage is considered the foundation for the life of many Canadians, the decision to divorce is also respected. However, for one to divorce, certain conditions must be met. For most individuals, this doesn’t seem easy. But what happens for that individual who’s thinking about divorce and wondering how it might affect his/her immigration status. The contentious issue is when you are getting a visa through your spouse and in between the process your spouse decides to divorce before you become a permanent resident, how should you handle the divorce? Undoubtedly, this could be an uphill battle in your mind, but the best divorce lawyer in Toronto can do everything possible to ensure you go over the issue with ease.

Were You In The Process Of Securing Permanent Status When Divorce Occurred?

If your application is in process and your partner decides to end the relationship with was under the inland spousal sponsorship, you may not be eligible for permanent residency and therefore, may be forced to leave Canada. Sometime back, foreign nationals could enter fraudulent marriages so that they could quickly get access to permanent residence status in Canada. However, things have changed as the government realized that these marriages undermined Canadian citizenship’s integrity. If your application is still in process and your sponsor has decided to get a divorce, you should contact the office processing your application as soon as possible and tell them to stop the process.

What If You Have A Permanent Resident Status?

If you have a permanent residence, you can’t be forced to leave Canada due to divorce. One thing is that the Canadian court cannot grant a divorce to individuals whose marriage is not valid or considered legal in Canada. But generally speaking, there is no need to fret about your citizenship or immigration status being affected by the divorce. You cannot be denied the chance to live in Canada because your marriage has come to an end. The only biggest mistake you can make is to lie about your status or any other information related to your citizenship.

Similarly, if your immigration status was not tied to a relationship, meaning you were going to Canada either as a temporary resident or under a work visa, the divorce shouldn’t affect your status. However, your status may become a subject of the investigation if your sponsor tells the government that:

  • You had entered into a relationship for immigration purposes.
  • You had a misrepresentation of your initial application. Meaning, you left out important information or included something that wasn’t right while applying for permanent residency.

The above could cause the loss of your permanent resident status. But, if your relationship was genuine at the time of your application, or when you secured a permanent residency, you can have a smooth divorce. If you have been sponsored and your sponsor is contemplating divorce, consider looking for a family lawyer who may give you some legal advice. The lawyer may also help you pursue an application to remain in Canada.

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