One of the best and easiest ways to get a permanent residency in Canada is through the proper filing of a spousal sponsorship application. If your spouse is a permanent resident or a Canadian citizen, she can appeal to streamline your permanent residency application—for as long as she can prove that you two are legally and undoubtedly married.
Many things can happen while your spousal application is being processed, and marital issues can creep up on a married couple no matter how strong together they are. The difficulty with this, however, is when either of you files for a divorce in the middle of this process.
To better understand the legal issues of this, a closer look into divorce and its proceedings can give us some insight as to how this affects you.
Types of Divorce
There are three types of divorce, each dependent on how the divorce claim is presented to the partners involved.
Joint divorce, in a gist, is a divorce mutually accepted by both parties. Both must be fully aware, conscious, and understanding of the situation, for this type of divorce to apply. While a background check will be done to assure the legitimacy of the claim, this is usually the fastest divorce to process.
Uncontested divorce involves one partner filing for a divorce with no reply from the other partner. Regardless of the issue or circumstance, a divorce claim must be replied to within the allotted time limit—else, this type of divorce will automatically apply. This will take away the other’s right to contest the divorce, which can simultaneously make this type of proceeding much quicker.
Contested divorce has a partner replying within the time limit to dispute or contest the claims indicated in the divorce papers. There will be a hearing in the family court, which actually makes this one of the longest proceedings possible for divorce.
Questioning The Legitimacy of the Divorce
In the event that a divorce claim is made, there will be a deeper probe into your marriage that will first look into the legitimacy of your marriage. The prime consideration here will be whether your union is considered legal in Canadian soil. If your divorce is not considered legal in Canada, then there wouldn’t be a marriage to divorce—thus not allowing either of you to get divorced.
While this might prove to be a win for your spousal application, this will actually pose a bigger problem for you. A proven illegitimate marriage will then put to question your application, which will inevitably lead you to get rejected for dishonesty in your application.
The Consequences of Divorce
While there will be immediate concerns when you and your spouse get divorced, this will ultimately mean the end of your spousal application. You are legally obligated to inform the Immigration Office of your marital status—which usually ends with your sponsorship getting denied. By choosing not to inform them, however, will also lead to severe repercussions, as this will constitute as dishonesty in your application.
The Bottom Line
At the end of the day, the looming threat of divorce won’t just hamper your relationship, it will also harm your spousal application process for permanent residency. To ensure that no issues will arise with your application, your best option is to seek the help of an experienced immigration consultant.
If you’re looking for professional help from a Canadian immigration agency, please contact us at firstname.lastname@example.org or call 1-888-404-8472.