Canada’s Family Law in terms of immigration is crucial because it determines the spousal relationships and those between parents and children. Canadian family law governs marriage and divorce, categorized under federal jurisdiction. Family law challenges normally take place only in case a relationship of marriage discontinues forever. When this happens in the context of immigration, there are several things to worry about. For instance, maintaining the immigration status, spousal financial assistance, and undertakings.
The sponsor and the sponsored individual must have a relationship classified under the following three categories:
- Spouse– The sponsored individual and sponsor are married to one another.
- Common law partner– The sponsored person and sponsor must have cohabitated for a year. Their cohabitation period must have been consistent for that year.
- Conjugal Partner– A sponsored individual might be the same as a conjugal partner. Furthermore, this is applicable in case unprecedented events or situations have surfaced and led them to not qualify as common-law partners or spouses. All this could be a consequence of immigration limitations or legal restrictions challenging divorce or same-sex relationships. Moreover, the partners must have a mutual relationship of dependency for a minimum of one year. They must share a committed relationship through marriage or common-law partnership.
Canada’s Family Law- divorce or separation
A divorce can take place only when the marriage is legal, which indicates the legal closure of a marriage. Conversely, a separation indicates that the couple has mutually decided to live separately from one another because their relationship equation is not the same anymore. However, the couple might either live together, whether married or unmarried, while in a common-law relationship.
The Divorce Act is for married couples who have either already taken a divorce or are in the process of applying for the same. The Divorce Act outlines the rules concerning the following:
- The foundation of divorce.
- Support for children when their parents take divorce.
- Assistance from the spouse after a divorce.
- After divorce, custody and parent’s assistance for the child.
Under the Canadian Constitution, the provincial or federal governments are responsible for family law. Additionally, the federal law governs the Divorce Act, and therefore, it runs throughout Canada. However, it is the Provincial Law that regulates the process of acquiring a divorce. Hence, the provinces have the responsibility for the justice administration. For instance, processing divorce applications and deciding about child support, spousal assistance, and custody.
The provinces have separate rules concerning child and spousal support and children’s custody. However, these laws are applicable amidst the separation of an unmarried couple or a married couple’s separation. This does not apply to those who don’t apply for divorce.
The after-process for sponsored individuals who undergo a divorce or separation
In case you attain sponsorship through your spouse or partner and you further acquire Canadian Permanent Residency, your PR status will not rely on your spouse or the relationship’s length.
According to the federal government’s rule of 2017, the sponsored partners or spouses of those with Canadian citizenship and PR will no longer reside with the sponsor to maintain their Permanent Residency status.
This law is a relief for those facing abusive behavior because the individual will not have to be concerned about losing their PR status. This is specifically for those who seek to live separately from their spouse or partner.
Contrarily, those who don’t hold permanent residence in Canada might be in trouble as far as residing in Canada is concerned in the case of divorce or if the relationship discontinues.
Additionally, if the Sponsorship application is under process and an individual files for divorce or the relationship discontinues, they must let IRCC know about it. They might be subject to misrepresenting information if they fail to inform IRCC about the change.
Notably, the Canadian government deeply inquires about marriage fraud. This is specifically true for those who simply marry a Canadian citizen or permanent resident holder to acquire Canadian status.
Sponsorship undertaking- a brief
As a Canadian Permanent Resident, sponsoring your spouse or partner implies that you will be required to sign an undertaking that makes you responsible for fulfilling the essential requirements, including clothing, food, and accommodation of your spouse or partner. Further, you will be held accountable for providing financial assistance to the sponsored spouse or partner. Several public health care services might not have any coverage, and therefore, the sponsor will need to take care of such expenses of their sponsored spouse or partner.
The undertaking is a higher level of commitment, and the person signing it will be responsible for assisting the sponsored person for the entire undertaking. This will remain effective regardless of the status of the relationship or marriage (implying any change in the marital status). Even if the couple undergoes a divorce or separation, the undertaking will be valid during the undertaking period. Further, this implies that it will prolong until three years after gaining permanent residency.
Canada’s Family Law and Immigration Law Support- a comparison
Family law and Immigration law support differ from each other based on their set of regulations. For instance, a spousal undertaking implies an obligation between a sponsor and the government.
Conversely, a family law’s support obligation is individually between the two spouses. Therefore, if an individual receives sponsorship but their relationship discontinues, they must connect with an immigration professional lawyer with the right knowledge base regarding spousal sponsorship.
