Immigration Corner | When a sponsored spouse leaves – what are your rights and duties?

Dear Miss Powell,

I married a girl and sponsored her to come to Canada. One month after she arrived, she moved out. I feel used and wish to report her to the government. If I report her to IRCC, will they send her back? If she doesn’t go back and she goes on government assistance, will I still be responsible? This is not fair, and I’m devastated right now. Can you help?

RD

Dear RD,

First, I’m truly sorry to hear about your situation. Many sponsors in Canada have found themselves feeling betrayed, confused, and unsure of their legal rights when a spouse leaves soon after arriving in Canada. I will outline below your role and responsibilities and the steps you can take.

As a part of your sponsorship application, you were required to sign a legally binding undertaking with Immigration, Refugees and Citizenship Canada (IRCC). That agreement was a promised to financially support your spouse for three years from the day they receive permanent resident status, even if the relationship ends. This obligation continues even if they choose not to stay with you, whether they apply for social assistance, or even if they remarry. So yes, if your sponsored spouse applies for government assistance, the province or government may come after you for repayment.

However, in some cases you may be able to apply for reprieve or waiver of the obligation. One of the bases for exemption is where abuse is alleged. If your spouse alleges that she left due to abuse or mistreatment, IRCC may take their complaint seriously and investigate. You will not be exempted from the obligation if abuse is alleged. This is why it’s so important to protect yourself with documentation. If you did nothing wrong, and there was no emotional, physical, financial, or verbal abuse, I recommend that you should gather any proof that supports your side. Keep copies of emails, text messages, photos, and records of any conversations showing your goodwill. If you tried to make the marriage work, and your spouse left without explanation, gather witness statements from friends or family who were aware of the relationship as this information may be useful in the divorce.

While you can report the situation to IRCC by writing a letter or filling out the online fraud tip form, it’s important to know that simply reporting her won’t necessarily result in removal or revocation of her status. IRCC will assess the full facts of the case. If they find evidence of misrepresentation or marriage fraud, they may initiate an investigation, but the process is lengthy and complex.

Ultimately, your focus now should be on two things: protecting your financial position and clearing your name if any accusations arise. You may wish to consult both an immigration lawyer directly and a family lawyer. An immigration lawyer can advise on the next steps and help prepare a strong submission to IRCC, if you choose to report the matter. A family lawyer could help to protect you if you shared assets, defend you if she makes a claim for spousal support, or negotiate an amicable separation agreement.

Deidre S. Powell is a Canadian lawyer, mediator and notary public. You may send your questions and comments via Facebook or call or WhatsApp 613-695-8777.