SEPARATION, DIVORCE, AND CANADIAN IMMIGRATION:
When love dies, the visa remains ... doesn't it?
By Natalia Bialkowska
April 13, 2022
* This article was originally published in VisaWire. This is Part I of a two-part article. Access Part II here.
SEPARATION, DIVORCE, AND CANADIAN IMMIGRATION:
When love dies, the visa remains ... doesn't it?
By Natalia Bialkowska
April 13, 2022
* This article was originally published in VisaWire. This is Part I of a two-part article. Access Part II here.
From my experience of leading a Canadian immigration law firm, at least some married or coupled immigrants, and especially those sponsored by their partner or spouse in Canada, wonder how separation or divorce might affect their immigration status. The answer will depend on the specifics of an individual situation. Below you will find general legal information on whether you might lose your visa if you part ways with your beloved while in Canada.
- Is separation different from divorce?
Yes. A separation occurs when a couple decides to live apart because they broke up. This applies to people who are married or are common-law or conjugal partners.
A divorce, which pertains solely to married couples, and not common-law/conjugal partners, occurs when a court officially ends a marriage.
For purposes of Canadian immigration law, separation and divorce are treated the same, meaning, they both signify the end of the relationship. Therefore, whether you decide to separate or divorce your partner, the possible consequences on your immigration status will be the same.
- Does it matter if I get divorced outside of Canada?
It is irrelevant whether your divorce is granted by the Canadian or foreign jurisdiction. Whether you decide to divorce in Canada or your home country, the divorce will have the same effect on your immigration status. Any non-Canadian divorce will be recognized as legally valid by Canadian courts as long as it is valid under other country’s laws.
- What are the consequences of separation / divorce on my immigration status?
To answer this question, we first must know your and your partner’s / spouse’s current immigration status.
In situations when the common-law/conjugal partners or spouses hold immigration status independent of each other – for instance, you are both on two separate and unrelated open work permits – separation or divorce will not affect the status of either one of you.
Similar rules apply to refugees. If you are a refugee claimant, your claim will not be refused solely based on the fact of a separation or divorce. However, if you have sought protection due to persecution of your partner or spouse, and not of you, the breakup might impact your claim. Best thing to do is contact an immigration lawyer to help you assess the legal ramifications and consequences of your new situation. If your refugee claim has been already accepted, i.e. you are now a protected person, separation or divorce bears no impact on your immigration status. You may remain in Canada and in the meantime, proceed with your permanent residence application.
More often than not, however, one partner’s or spouse’s presence in Canada is legally dependent on and directly tied to the other’s immigration status. In situations when you are accompanying your partner or spouse in Canada and you are on a temporary status, you may legally remain in Canada until your visa expires. So, for example, if your partner is on their work permit and you are accompanying them in Canada on a study or open work permit, you may both remain in Canada on your respective temporary residence status until the date indicated on your visas. However, in the event of separation or divorce, you will not be permitted to extend or renew your status because it is otherwise dependent on your now, ex’s, status. It is important that you secure a legal stay in Canada before your visa expires or in the alternative, you will have to leave the country.
Situations when you are sponsored by your partner or spouse are more complicated in that they dependent on the timing of a breakup. If your sponsorship application is still pending, i.e. no final decision has been rendered, it means you are not a permanent resident. A break-up of your relationship with your sponsoring partner or spouse will most likely have very serious consequences on your status: your sponsorship application will be refused, you will not become a resident, you will have to leave Canada. In other words, with the impending doom of separation or divorce, you are in danger of losing your status completely. You should contact an immigration specialist immediately to consider other options of securing your legal stay in Canada.
If your sponsorship application has been granted, it means you have officially become a permanent resident. Congratulations! Your separation or divorce bears no longer any impact on your status. It does not matter whether your partner or spouse sponsored you. You may remain in Canada and eventually, secure Canadian citizenship.
Interestingly, a break-up in such sponsorship circumstances carries specific consequences on the financial responsibility owed by your sponsoring partner or spouse. Read more in the second part of this article accessible now here!
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SEPARATION, DIVORCE, AND CANADIAN IMMIGRATION:
When love dies, the visa remains ... doesn't it?
By Natalia Bialkowska
April 13, 2022
* This article was originally published in VisaWire. This is Part I of a two-part article. Access Part II here.
From my experience of leading a Canadian immigration law firm, at least some married or coupled immigrants, and especially those sponsored by their partner or spouse in Canada, wonder how separation or divorce might affect their immigration status. The answer will depend on the specifics of an individual situation. Below you will find general legal information on whether you might lose your visa if you part ways with your beloved while in Canada.
- Is separation different from divorce?
Yes. A separation occurs when a couple decides to live apart because they broke up. This applies to people who are married or are common-law or conjugal partners.
A divorce, which pertains solely to married couples, and not common-law/conjugal partners, occurs when a court officially ends a marriage.
For purposes of Canadian immigration law, separation and divorce are treated the same, meaning, they both signify the end of the relationship. Therefore, whether you decide to separate or divorce your partner, the possible consequences on your immigration status will be the same.
- Does it matter if I get divorced outside of Canada?
It is irrelevant whether your divorce is granted by the Canadian or foreign jurisdiction. Whether you decide to divorce in Canada or your home country, the divorce will have the same effect on your immigration status. Any non-Canadian divorce will be recognized as legally valid by Canadian courts as long as it is valid under other country’s laws.
- What are the consequences of separation / divorce on my immigration status?
To answer this question, we first must know your and your partner’s / spouse’s current immigration status.
In situations when the common-law/conjugal partners or spouses hold immigration status independent of each other – for instance, you are both on two separate and unrelated open work permits – separation or divorce will not affect the status of either one of you.
Similar rules apply to refugees. If you are a refugee claimant, your claim will not be refused solely based on the fact of a separation or divorce. However, if you have sought protection due to persecution of your partner or spouse, and not of you, the breakup might impact your claim. Best thing to do is contact an immigration lawyer to help you assess the legal ramifications and consequences of your new situation. If your refugee claim has been already accepted, i.e. you are now a protected person, separation or divorce bears no impact on your immigration status. You may remain in Canada and in the meantime, proceed with your permanent residence application.
More often than not, however, one partner’s or spouse’s presence in Canada is legally dependent on and directly tied to the other’s immigration status. In situations when you are accompanying your partner or spouse in Canada and you are on a temporary status, you may legally remain in Canada until your visa expires. So, for example, if your partner is on their work permit and you are accompanying them in Canada on a study or open work permit, you may both remain in Canada on your respective temporary residence status until the date indicated on your visas. However, in the event of separation or divorce, you will not be permitted to extend or renew your status because it is otherwise dependent on your now, ex’s, status. It is important that you secure a legal stay in Canada before your visa expires or in the alternative, you will have to leave the country.
Situations when you are sponsored by your partner or spouse are more complicated in that they dependent on the timing of a breakup. If your sponsorship application is still pending, i.e. no final decision has been rendered, it means you are not a permanent resident. A break-up of your relationship with your sponsoring partner or spouse will most likely have very serious consequences on your status: your sponsorship application will be refused, you will not become a resident, you will have to leave Canada. In other words, with the impending doom of separation or divorce, you are in danger of losing your status completely. You should contact an immigration specialist immediately to consider other options of securing your legal stay in Canada.
If your sponsorship application has been granted, it means you have officially become a permanent resident. Congratulations! Your separation or divorce bears no longer any impact on your status. It does not matter whether your partner or spouse sponsored you. You may remain in Canada and eventually, secure Canadian citizenship.
Interestingly, a break-up in such sponsorship circumstances carries specific consequences on the financial responsibility owed by your sponsoring partner or spouse. Read more in the second part of this article accessible now here!