Skip to main content

Can I sponsor another spouse after previous failed relationship?


Dear Ms Powell,

Thank you for keeping Jamaicans worldwide informed. I live in Alberta and I was born in Jamaica. About two years ago, I sponsored a girl to come to Canada. We weren't married, just common law. Things didn't work out, so we split up. I don't even know where she is right now. I met another really, nice Christian woman from Jamaica and I plan to marry her and take her here. We are planning to be married next June. Will the fact that I sponsored someone before affect my ability to sponsor my fiancée?

- A.B

Dear A.B.,
There are several issues here. We need to look at your duties as a sponsor, the date that your sponsorship application was approved, and the reason for the separation.

The critical date in this situation is October 25, 2012. Was your sponsorship application approved before or after that date?

In October 2012, Citizenship and Immigration Canada (CIC) introduced new rules relating to spousal sponsorship. These new rules stipulate that the person being sponsored must live with his or her sponsored spouse, in a legitimate relationship for a minimum of two years, from the day of his or her spouse's permanent residence status in Canada. If your common-law spouse is unable to provide the requisite proof of this when required, she could have her permanent residence revoked.

Finances for support

Now to the most critical question: "Can you sponsor your fiancée?" If you sponsor a spouse to immigrate to Canada, CIC requires that you provide it with proof that you can meet the basic need of your new fiancée, yourself, your family, support your relative financially, and, most important, ensure that your spouse will not require financial help from the government.

When you sponsored your common-law partner, you gave an undertaking to be responsible for her for a minimum of three years from the date that she became a permanent resident. 

This responsibility does not change even if she has left your home. If she is forced to seek government assistance during the three years, then that could become your responsibility. In fact, you will be barred from sponsoring your new spouse if three years have not yet passed.

As mentioned before, if your common-law spouse received a conditional permanent residence and this was not already approved for full permanent residence, then she runs the risk of being returned to Jamaica if it was found out that she is no longer in a legitimate relationship with you. If her permanent residence is revoked, then CIC may evaluate the circumstances that led to the separation and could even bar you for a number of years from sponsoring someone new, even if that person is your wife.

Your case is not a cut-and-dry case, and, therefore, I strongly recommend that you consult with an immigration lawyer and provide additional information before you make any further decisions. It is imperative that you do this to protect yourself and your new fiancée.



Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with main office located in Ottawa, Ontario. Her areas of practice are in immigration, real estate, commercial, personal injury, family and administration of estates. She is on the roster of Mediators for Ottawa, Toronto and the Dispute Resolution Foundation of Jamaica.  Tel: 613.695.8777 Email:info@deidrepowell.com  Website: www.deidrepowell.com 

Comments

Popular posts from this blog

Immigration Corner | Do I need a police report?

Immigration Corner | Do I need a police report? : Dear Ms Powell, I want to apply to live in Canada and I was told that I will need to have police records from all the countries that I've visited. I attended school in the USA and only spent three summer vacations with my aunt in Canada and returned to the USA each time. I also went on a youth programme in the UK. I visited again a few times since. Do I need a police report from all these countries? How would I go about getting the reports? Do I need to have these reports before I apply? - S.E. Dear S.E., Immigration, Refugee and Citizenship Canada (IRCC) may require police records from individuals who are applying for permanent residence, study permit, work permit and some temporary resident visas if the individual is over 18 years old. IRCC usually requires police certificates or clearance certificates from any country or territory where you have spent six months or more since the age of 18. This is to ensure that y...

Immigration Corner | Son graduated from college and wants to stay in Canada

Dear Miss Powell, My son studied in Canada and then received a graduate work permit. That permit is about to expire, and he is worried that his work permit may now be renewed because of the changes. I am wondering what his options are to remain in Canada now. Please advise us as we are hoping that he could eventually get to live permanently. Your kind response would be appreciated. J.T.    Dear J.T.  I have received several questions from international students wondering about their options to remain in Canada, since Immigration Refugee and Citizenship Canada (IRCC) has made several changes to the immigration policies. Your son and others should not panic as there are currently several options to remain in Canada and we remain hopeful that there will be new policy updates to assist graduates to become permanent residents. I will outline below the temporary and permanent options that are available. Remain as a worker   Your son may also apply to remain in Canad...

Immigration Corner | Can my granddaughter sponsor me?

Dear Miss Powell, My granddaughter lives in Canada. Can she file for me? My daughter died recently and I don't have any other relatives here in Jamaica. I'm retired and she is 28, married, with one child. I think I could be helpful to her, plus it would be a joy to just be close to my granddaughter and her family. SW Dear SW, If your granddaughter is a permanent resident or a citizen of Canada, she can sponsor you to become a permanent resident of Canada under the family class category of parent and grandparent sponsorship. Immigration, Refugee and Citizenship Canada (IRCC) has limited the number of applications that it will accept on an annual basis to 10,000. The quota is currently full; however, the programme will be reopened on January 3, 2017. Therefore, now is the time to prepare your documents so that you can submit them promptly when they begin accepting applications. Your granddaughter must prove that she is financially able to sponsor you. This means th...