Vancouver Canadian Immigration Family Sponsorship lawyers explain how Canadian Family sponsorship immigration cases are affected a family separation or divorce. We also warn that it makes sense to hire an experienced Vancouver immigration lawyer to ensure your application has the best chance of success.
Vancouver Canadian Immigration Family Sponsorship 1 877 602 9900
Four Important Issues about Vancouver Spousal Sponsorship after Separation
Our Vancouver Canadian Immigration Family Sponsorship lawyers know a decision to immigrate to Canada is a big decision for spouses and families. However, for different reasons the relationship between spouses may not always go well, leading to separations and divorces eventually. Some have also been the victims of marriage fraud and were taken advantage of by another person to obtain entry to Canada. You also need to be aware of recent press articles and complaints about non-lawyers who advertise immigration services.
In today’s blog, Sunny Chiu, Cantonese, and Mandarin-speaking lawyer of our downtown Vancouver immigration law office, also an immigrant from Hong Kong himself, explains the four important issues about spousal sponsorship after separation that both the sponsor and the applicant/sponsored spouse have to be aware of.
1. Withdrawing Your Vancouver Canadian Immigration Family Sponsorship
As a sponsor, you can withdraw your sponsorship application at any time before your spouse becomes a permanent resident of Canada. However, if your sponsored spouse becomes a permanent resident before your request is received, you cannot withdraw the application.
2. The Sponsorship Undertaking is Still Valid
As a sponsor, once your spouse has become a permanent resident of Canada, you have to fulfil your three years of unconditional sponsorship undertaking and financially support your spouse. Even if you have separated with your spouse during the period of undertaking, the requirements are strict and you still have to respect your sponsorship obligations.
Our Maclean Law Vancouver Canadian Immigration Family Sponsorship lawyers explain that before the expiry of the three years of undertaking, you cannot sponsor another spouse or partner.
3. 5 Years of Sponsorship Bar
If you were sponsored by your spouse for permanent residency in Canada, after separation you cannot sponsor a new spouse, common law or conjugal partner unless you have maintained permanent resident status, citizenship status, or a combination of both, for a minimum of five years after obtaining permanent residence status.
4. Sponsoring a New Partner
After separation, there are a number of issues that would affect your eligibility as a sponsor, which you must be aware of if you may sponsor a future spouse or partner to Canada.
You cannot be in default of any undertaking or support obligations ordered by a court, for example you must have paid your spousal support and child support payments in full and not be in arrears. Nor can you be in default of a previous sponsorship undertaking, which means that if your former spouse has received any social assistance during the three-year period of sponsorship undertaking, you must have repaid the same amount otherwise you will not be eligible as a sponsor.
Vancouver Canadian Immigration Family Sponsorship Lawyers 1 877 602 9900
MacLean Law is an award-winning family and immigration law firm with our head office in downtown Vancouver and regional offices across Western Canada in Surrey, Richmond, Kelowna, Fort Saint John, and Calgary.
We are a proud employer of a multicultural office environment where our talented professionals have cultural roots all over the world, including but not limited to China, Hong Kong, Taiwan, India, England, and Iran.
If you are interested in moving to Canada, or if you want to come home and sponsor your spouse and family, talk to us and our Vancouver Canadian Immigration Family Sponsorship lawyers will resolve matters for you professionally. Give Sunny Chiu a call to move forward now.