If You’re an Immigrant

If you’re an immigrant, you might have some special concerns about a separation or getting a divorce in Canada.

If you’re a permanent resident

If your spouse (married or unmarried) sponsored you to come to Canada, and you’re now a permanent resident (landed immigrant), you can stay in Canada even if you leave the marriage or common-law relationship. Your spouse or partner:

• can’t make you leave Canada,
• doesn’t have the right to keep your children or your property, and
• still has a legal responsibility to help support you and your children and to keep other obligations they might have as a sponsor.

See Child support and Spousal support.

If you have to get welfare, your status in Canada won’t change. However, the Ministry of Social Development and Poverty Reduction (the ministry) expects you to get support from your sponsor. You usually have to give the ministry the right to collect support payments.

If your sponsor won’t support you, you can still get welfare. If you left the relationship because your sponsor abused you, tell the ministry. In such cases, you don’t need to try to get support from your sponsor before you qualify for welfare.

If you sponsored your spouse or partner to come to Canada, you need to support them for the time you agreed to, even if you’re separated or divorced. If the person you sponsored abused you, see a lawyer.

See the Financial help section to find out about welfare and see Help from a lawyer for how to find one.

To find out more about what could happen when a sponsorship doesn’t work, read Sponsorship Breakdown. It explains what to do if the person who sponsored you can’t or won’t support you, and you can’t support yourself. Sponsorship Breakdown is for immigrants in the family class (people sponsored by a child, grandchild, spouse, or parent) or in the spouse or common-law partner in Canada class.

If you aren’t a permanent resident

If you aren’t a permanent resident in Canada (for example, if you’re a refugee claimant, or if you’re in the process of being sponsored) and you and your spouse separate, get advice right away about your immigration status. If possible, contact an immigration lawyer. A multicultural agency might also be able to help.

See Other free legal services to find multicultural agencies to help you. See also Help from a lawyer to get the contact information for the Lawyer Referral Service. This service can refer you to a lawyer who specializes in immigration matters.

Permanent resident status

If your spouse sponsored you for permanent resident status but you haven’t yet had a decision on your application, get legal help right away. You might be able to apply to remain in Canada on humanitarian and compassionate grounds.

Settlement workers, also called immigrant settlement workers, help newcomers to Canada find services. Call VictimLinkBC to ask where to get this help. See the Legal information section for contact information.

If you’re sponsoring your abuser

Get legal advice as soon as possible if your spouse abuses you. You might also want to speak to a settlement worker.

See Where to get more legal help.

For more information about marriage and divorce inside or outside Canada, see the Family Law in BC website.