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No one enters into a marriage thinking that it will end in divorce, but statistics show that 4 out of every 10 first marriages will end in divorce. If you have chosen to marry someone from outside Canadian borders, it's important that you take the time to learn how divorcing a sponsored spouse could affect you.
Here are three things to keep in mind when divorcing a spouse you have sponsored into the country in the future.
1. You must establish residency prior to applying for divorce.
While Canadian law allows individuals who are not Canadian citizens to apply for divorce in the country, there are certain residency requirements that must be met. If you are hoping to divorce a spouse that you sponsored into the country, it's likely that your spouse is not a Canadian citizen.
To successfully apply for divorce, you or your spouse must live in a Canadian province or territory for at least a year. If you meet this requirement, you will be able to file for divorce from your sponsored spouse.
2. You may be required to continue providing financial support for your former spouse.
When applying to sponsor a spouse, you agree to certain terms and conditions. There terms and conditions generally include provisions for financial support of the individual you will be sponsoring for entry into Canada.
Once your sponsorship is granted, you are required to support your spouse for a period of three years. If you plan to divorce prior to the expiration of the three year time frame, you will need to plan for the continued financial support of your spouse in order to avoid penalty.
3. To gain permanent residency status, your former spouse may need to continue living with you after the divorce.
If your spouse wants to remain in the country, he or she must gain permanent residency status. If this status has not been granted prior to your divorce, your sponsored spouse can apply for conditional permanent residency to avoid deportation.
Sponsored spouses in relationships that have lasted longer than two years and have produced no children are eligible to apply for conditional permanent residency status, and this status is valid for two years. During the time between your divorce and the granting of permanent residency status to your sponsored spouse, he or she may need to live with you in order to remain eligible for conditional permanent residency.
When you sponsor a spouse, the divorce process can become complicated. Working with an attorney that has experience with both divorce and immigration law can be beneficial. For more information, talk to a lawyer from Heritage Law Group or other attorneys in your area.
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