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Din Din

Newbie
May 6, 2019
2
0
My same sex spouse became a landed immigrant (using the spousal sponsorship system), in december 2015. He has not actually resided in Canada but with me in the Uk all these years. Things are not working out and I am actively considering divorce. Wonder what the implication would be on my spouse's immigration status in Canada? Also three years have already passed since his landing into Canada as a permanent resident. Am i still financially responsible for him or no longer so?
 
I think your spouse needs to be careful about how much time they spend outside of Canada. In order to maintain permanent residency, you have to be living in Canada for 2 years in a 5 year period. There's some leniency if you're outside of Canada with your Canadian spouse (they count as residency days), but if you were to divorce them, your partner would need to be careful about not letting their PR lapse. As far as I'm aware, getting a divorce itself wouldn't put your spouse's status at risk, but they'd need to consider going back to Canada to make sure they accumulate enough residency days to keep their status.

If the 3 year period is complete, you are no longer financially responsible for them (it's 3 years from the day they enter Canada as a PR).
 
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I think your spouse needs to be careful about how much time they spend outside of Canada. In order to maintain permanent residency, you have to be living in Canada for 2 years in a 5 year period. There's some leniency if you're outside of Canada with your Canadian spouse (they count as residency days), but if you were to divorce them, your partner would need to be careful about not letting their PR lapse. As far as I'm aware, getting a divorce itself wouldn't put your spouse's status at risk, but they'd need to consider going back to Canada to make sure they accumulate enough residency days to keep their status.

If the 3 year period is complete, you are no longer financially responsible for them (it's 3 years from the day they enter Canada as a PR).
I was gonna say this as well.
Sponsorship responsibilities ends after 3 yrs
 
My same sex spouse became a landed immigrant (using the spousal sponsorship system), in december 2015. He has not actually resided in Canada but with me in the Uk all these years. Things are not working out and I am actively considering divorce. Wonder what the implication would be on my spouse's immigration status in Canada? Also three years have already passed since his landing into Canada as a permanent resident. Am i still financially responsible for him or no longer so?

You needed to prove that you intended to move back to Canada to be approved. No you are not responsible for him but you will likely have problems convincing CIC that you will return to Canada if you try to sponsor someone else.
 
Thank you so much all for your responses. Your responses are very helpful indeed. My job in UK offered me incentives to continue working hence we continued our residence in UK.
 
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