Canadian Sponsorship Responsibilities: What You Need to Know Even After Separation

When sponsoring your spouse, partner, or their dependent children for Canadian immigration, it’s essential to understand the full extent of your responsibilities. As a sponsor, you are required to sign an undertaking, which is a binding promise to financially support the basic needs of the sponsored person, including:

  • Food, shelter, and clothing
  • Dental care, eye care, and other health needs not covered by public health services

Before committing to this undertaking, you must ensure that the person you are sponsoring will not need financial help from the Canadian government. If they do receive social assistance, you will be responsible for repaying the amount.

The length of this undertaking is 3 years for a spouse, common-law partner, or conjugal partner, beginning from the day the sponsored person becomes a permanent resident. This period may vary for residents of Quebec.

It’s crucial to note that this undertaking remains in effect even if your personal situation changes. It will not be terminated if:

  • You get divorced, separated, or your relationship ends
  • Either you or the sponsored person move to another province or country
  • The sponsored person becomes a Canadian citizen
  • You experience financial difficulties

What Happens If the Relationship Isn’t Genuine?

When sponsoring your spouse or partner, the relationship will be closely reviewed by Immigration, Refugees, and Citizenship Canada (IRCC) officers. They will assess whether the relationship is genuine, requiring applicants to provide evidence such as wedding invitations, proof of joint property ownership, or shared bills.

If a relationship is deemed to be not genuine or primarily for immigration purposes, the sponsorship application will be refused. IRCC officers are trained to identify “marriages of convenience,” where the primary goal of the relationship is immigration.

Dealing with Marriage Fraud

In some cases, sponsors may fall victim to marriage fraud, where the sponsored individual leaves the relationship after obtaining permanent residence. If this happens, you should immediately report the situation to IRCC. Although your undertaking will remain in place, the IRCC may take the following actions:

  • Charge the sponsored person with a crime
  • Ban them from entering Canada for 5 years
  • Remove them from Canada
  • Revoke their permanent resident or Canadian citizenship status

It’s important to take precautions and be fully informed before entering into a sponsorship agreement. The Canadian government advises caution, especially if your relationship is rushed, the person has been married multiple times, or they are hesitant to share information about their family or background.

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