What happens to a spousal sponsorship application if the couple separates before IRCC makes a final decision?

For IRCC, a spousal or partner sponsorship must be genuine and ongoing up to the point a final permanent residence decision is made. If the couple separates, ends the relationship, or divorces before IRCC makes a final decision, the core requirement for approval is no longer met.

In this situation, the sponsor is required to inform IRCC and request to withdraw the application. See our FAQ “How can I withdraw or cancel my spousal sponsorship application in Canada?” If the couple stays silent and IRCC later discovers the separation—through a tip, a change of address, social media, marriage interview, or information from another application—they will almost always refuse the PR application. IRCC may also review whether anyone tried to hide important information. Continuing with a sponsorship when the relationship is already over can be considered misrepresentation and fraud marriage, which may lead to:

• a refusal
• a five-year ban from applying again (for the applicant)
• possible investigation into the sponsor’s future immigration dealings

For a full explanation of the penalties tied to misrepresentation or fake marriages, see our FAQ that explains it in detail.  

For the sponsored person’s temporary status inside Canada: a visitor visa, study permit, or work permit does not automatically end when the relationship ends. However, it does not extend itself, and it no longer helps them qualify for the inland spousal open work permit. They must either:

• qualify for another type of status (new study permit, new employer-specific work permit, etc.), or
• leave Canada when their current status expires.

If the relationship breaks down after PR is granted, the person’s PR status is not cancelled just because of a divorce. However:

• the sponsor’s three-year undertaking remains in effect
• if IRCC later discovers misrepresentation from the original application, they can still investigate, and PR can be revoked in serious cases

It’s always good to clarify your own case, which might be very specific. Better to book a consultation with Canadian immigration representatives and get detailed information about the spouse visa Canada requirements. You can also check our Immigration Consultant Prices.