Last Updated on: 4th October 2026, 08:57 am
Quick Answer
If you separate or divorce while a Canadian spousal sponsorship application is still being processed:
- Notify the IRCC of any changes in your family situation.
- Do not insist on the continuity of the relationship if the relationship is over.
- The sponsor may want to cancel the sponsorship before the sponsored individual becomes a permanent resident.
- The applicant for sponsorship should make sure about his/her own temporary resident status in Canada.
- An assumption that a work permit is canceled as soon as the relationship breaks down is wrong.
- The applicant needs to look at the expiry date, conditions, and eligibility for extending the permit.
- The application for sponsorship does not imply that the applicant can stay temporarily in Canada.
- Other ways of immigration may be examined if the applicant is eligible according to those programs.
It is specifically stated that IRCC requires the applicant to disclose any change in the family circumstances, including divorce. Withdrawal of the sponsorship application is possible at the request of the sponsor prior to the sponsored individual attaining the status of a permanent resident.
Does Divorce Automatically Cancel a Spousal Sponsorship Application?
Divorce does not mean that the entire immigration process ceases automatically on the day of the divorce.
What is required is for IRCC to be notified about any material changes that happen in the family status of the applicant. IRCC categorizes divorce as one of those changes that need to be notified to them.
The critical point here is whether the qualifying relationship used to apply for the sponsorship still remains.
If the qualifying relationship has ended before the sponsored individual becomes a permanent resident, then the individuals involved should stop sending any information showing that the qualifying relationship is the same as before.
This is one of the important issues that may arise after submitting a spousal sponsorship application in Canada.
What If You Are Separated but Not Legally Divorced?
Separation and divorce are not synonymous concepts.
A relationship between spouses may have come to an end despite their still being legally married and not yet divorced.
From the standpoint of immigration matters, one cannot expect that it would be sufficient just to wait until the divorce becomes final when faced with an actual break-up of a relationship.
If a married couple, for instance, separates permanently during the processing of their application for sponsorship, they are still legally married, but there is no relationship anymore between them.
Being still legally married does not imply that everything else must remain the same for them.
The proper action in immigration terms depends on the facts of the case and on the particular stage of the process.
Which Immigration Milestone Matters Most?
The word “approved” can cause confusion in spousal sponsorship cases.
Several different milestones may occur:
- Sponsor eligibility may be approved.
- The permanent residence application may continue processing.
- IRCC may approve the permanent residence application.
- A Confirmation of Permanent Residence may be issued.
- The sponsored person may actually become a permanent resident.
How Do You Notify IRCC About the Relationship Change?
The practical steps may include:
- Check the current application stage. Confirm whether the sponsorship and permanent residence application are still being processed.
- Record the relationship change accurately. Note the date of separation, divorce or other material change based on the actual circumstances.
- Notify IRCC using the appropriate process. IRCC currently directs applicants to update changes in their family situation through its application-update process.
- Provide identifying information. This may include the application number and Unique Client Identifier, or UCI.
- Explain the change clearly. The information should be consistent with any documents already submitted.
- Provide supporting documents if requested. Depending on the situation, IRCC may ask for evidence relating to the change.
- Avoid further inaccurate representations. Do not submit new information that continues to describe the relationship as ongoing if it has genuinely ended.
- Review the applicant’s immigration status separately. Sponsorship status and temporary resident status are different issues.
If there is uncertainty about whether a change is material or how it affects the application, individualized immigration advice may be appropriate. An experienced Immigration Consultant can help review the applicant’s particular circumstances.
Where the application was filed through inland spousal sponsorship in Canada, the applicant should pay particular attention to his or her temporary status and eligibility to remain in Canada.
Can the Sponsor Withdraw a Spousal Sponsorship Application?
Yes. IRCC states that a sponsor can request withdrawal at any time before the sponsored person becomes a permanent resident.
IRCC currently instructs sponsors to use its web form and include:
- full name
- date of birth
- country of birth
- application number, if known
- UCI, if known
- a signed sponsorship withdrawal request letter
Does Sending a Withdrawal Request Cancel the Application Immediately?
No. The sending of such a request does not entail the disappearance of the sponsorship at that particular point in time.
According to IRCC, it will review the request and determine whether the application is withdrawn or not.
Can Sponsorship Fees Be Refunded After Withdrawal?
In certain cases, however, a refund may be available, but this will depend on how much progress has been made in processing.
According to IRCC, a sponsor may be eligible for a refund where processing has not commenced. Refund of Right of Permanent Residence Fee may also be available where the sponsorship application has been withdrawn or the application for permanent residence has been rejected.
Amount eligible for refund thus varies from one case to another.
If the sponsorship application is refused rather than withdrawn, applicants can also review information about spousal sponsorship refusal in Canada.
What Happens to the Applicant’s Temporary Status After Separation or Divorce?
The applicant for sponsorship should make sure about his/her own temporary resident status in Canada. The sponsorship application does not itself provide temporary resident status.
An assumption that a work permit is canceled as soon as the relationship breaks down is wrong. The applicant needs to look at the expiry date, conditions, and eligibility for extending the permit.
Applicants who hold or may qualify for work authorization can also review the rules for open work permits for spousal and Family Class applicants.
If the applicant has already lost temporary status, the issues may be different. More information is available on whether it may be possible to sponsor an out-of-status spouse in Canada.
Other ways of immigration may be examined if the applicant is eligible according to those programs.