What Happens to Your Immigration Status if You Separate After Spousal Sponsorship in Canada?

What Happens to Your Immigration Status if You Separate After Spousal Sponsorship in Canada?

By OneLegal Professional Corporation

At OneLegal Professional Corporation, we understand that love—and life—can be unpredictable. If you've immigrated to Canada through spousal sponsorship and are now facing separation, you're probably wondering: What happens to my immigration status now?

Let’s break it down in plain terms and help you understand your rights, risks, and next steps.

Separation Doesn't Automatically Cancel Your PR—But Read This Carefully

If you've already been granted permanent resident (PR) status, separating from your spouse does not automatically revoke your status. This is great news for many who fear immediate deportation or status loss after a breakup.

However, there are critical exceptions that could put your PR at risk.

🚨 Misrepresentation Can Lead to Deportation

If Immigration, Refugees and Citizenship Canada (IRCC) suspects that your marriage was not genuine and was entered into solely for immigration purposes, you may be investigated for misrepresentation. This can result in the loss of your PR status and a removal order.

📚 Case in point: He v. Canada (Minister of Public Safety and Emergency Preparedness), [2024] I.A.D.D. No. 1540 illustrates how misrepresentation allegations can lead to serious immigration consequences.

If Your PR Application Is Still in Process...

Things get even more sensitive if you’re still waiting for your PR to be approved. If your sponsor decides to withdraw the sponsorship application, your path to PR through that relationship will be terminated.

According to Section 126 of the Immigration and Refugee Protection Regulations, this can leave you in a precarious position, especially if you're already living in Canada.

🛡️ What If You're Experiencing Family Violence?

Canada’s immigration system recognizes that not all separations are safe or simple. If you are in a vulnerable situation, particularly involving family violence, there may still be hope.

You can apply for status under a Humanitarian and Compassionate (H&C) application, which could include a temporary resident permit, work permit, or eventually, PR on humanitarian grounds. These cases are reviewed discretionarily, but they offer a lifeline to those in need.

⚖️ Know Your Legal Options—Don't Face This Alone

Separation is hard enough without the added fear of losing your immigration status. Whether you're dealing with misrepresentation allegations, a withdrawn application, or need help with an H&C claim, legal guidance is essential.

💼 Contact OneLegal Professional Corporation Today

At OneLegal, we’re here to help you navigate the legal maze of immigration and family law. Whether you're in the early stages of separation or facing serious challenges to your PR status, we'll advocate for your rights and help you find the best possible path forward.

👉 Schedule a confidential consultation today and take control of your future.