Can I divorce my spouse I sponsored to come to Canada?

Yes. You can divorce your spouse you sponsored to come to Canada under the Divorce Act. However, whether you would have any obligations to financially support the sponsored spouse would depend on whether the sponsorship application is still being processed or if the spouse has already become a permanent resident.

If the sponsorship application is being processed, you can withdraw your undertaking to sponsor your spouse before the government issues a visa or permanent residence to your spouse.

If permanent residency has already been granted to a sponsored spouse, you are responsible for providing financial support for the basic needs of your sponsored spouse for up to three years after the person becomes a permanent resident. This is due to the sponsorship undertaking that you signed during the sponsorship application.

The basic needs of your spouse include food, clothing, shelter and other needs for everyday living. These may also include dental care, eye care or other health needs not covered by public health services.

Irrespective of the status of the sponsorship application, your spouse may be entitled to spousal support.

If you are a new immigrant going through separation or divorce, contact us to know your rights and obligations.