When Sponsorship Breaks Down: A Guide for Newcomers in Canada

Understanding Sponsorship in Canada

Family sponsorship is one of the main pathways to permanent residency in Canada. Under the family class sponsorship program, Canadian citizens and permanent residents can sponsor their spouse, common-law partner, conjugal partner, dependent children, parents, and grandparents to become permanent residents. The sponsorship process creates a legal obligation for the sponsor to provide financial support to the sponsored person for a specified period, typically three years for spousal sponsorship.

While most sponsorship relationships work out well, some do not. Relationships can break down for many reasons, and when they do, the sponsored person often finds themselves in a vulnerable and confusing situation. They may be unsure about their immigration status, afraid to leave an abusive relationship because they believe their sponsor controls their right to stay in Canada, or simply unaware of the resources available to help them. This guide addresses these concerns and provides clear information about your rights and options.

Conditional Permanent Residence: What Changed

The Old Rule

Between 2012 and 2017, Canada had a conditional permanent residence rule that applied to some sponsored spouses and partners. Under this rule, if you were in a relationship with your sponsor for two years or less and had no children together at the time the sponsorship application was submitted, your permanent residence was conditional on living with your sponsor in a genuine relationship for two years after you received your PR status. If the relationship broke down during those two years, you risked losing your permanent residence.

The Rule Was Eliminated

In April 2017, the Government of Canada eliminated the conditional permanent residence rule. This means that if you were sponsored as a spouse or partner and you have received your permanent residence, your PR status is not conditional on staying in the relationship. You can separate from or divorce your sponsor without losing your permanent resident status. This change was made because the government recognized that the conditional rule was trapping people, particularly women, in abusive relationships out of fear of losing their immigration status.

Your Rights If the Relationship Breaks Down

If You Already Have Permanent Residence

If you have already received your permanent resident status (you have a PR card or a Confirmation of Permanent Residence document), your status remains valid even if your relationship with your sponsor ends. You can continue to live and work in Canada, access healthcare and social services, and eventually apply for Canadian citizenship. Your sponsor cannot "cancel" your permanent residence. The only ways you can lose your PR status are if you voluntarily renounce it, if a removal order is issued against you (for example, due to serious criminal activity), or if you fail to meet the residency obligation (you must be physically present in Canada for at least 730 days within every five-year period).

If Your Application Is Still in Progress

If your sponsorship application has been submitted but you have not yet received a final decision, the situation is more complex. If the relationship genuinely breaks down while the application is being processed, the sponsor may withdraw the sponsorship. If this happens, IRCC will typically refuse the application. However, if you are living in Canada on a temporary status (such as a work permit or visitor record), you do not automatically have to leave. You may have other immigration options available to you, such as applying for a different type of work permit, applying on humanitarian and compassionate grounds, or making a refugee claim if you fear returning to your home country.

If your sponsor withdraws the application because you are leaving an abusive situation, this is something you should document carefully and discuss with a licensed immigration lawyer. There are provisions in Canadian immigration law for people who are victims of abuse, and an experienced lawyer can help you explore your options.

Abuse in Sponsorship Relationships

Recognizing Abuse

Abuse in sponsorship relationships can take many forms. Physical violence is the most obvious, but abuse also includes emotional and psychological abuse (controlling behavior, threats, constant criticism, isolation from friends and family), financial abuse (controlling all money, preventing you from working, forcing you to hand over your wages), sexual abuse, and immigration-related abuse (threatening to withdraw sponsorship, hiding or destroying immigration documents, lying about your legal rights). If you are experiencing any of these forms of abuse, you are not alone, and help is available.

Your Rights as a Victim of Abuse

Regardless of your immigration status, you have the right to be free from abuse in Canada. The Canadian Charter of Rights and Freedoms protects your right to life, liberty, and security of the person. Canadian criminal law applies equally to everyone, and your abuser can face criminal charges regardless of your marital or immigration status. You have the right to call the police if you are in danger. You have the right to access emergency shelters, which are available across the country and serve people regardless of immigration status. You have the right to seek a restraining order or peace bond to keep your abuser away from you.

Immigration Options After Sponsorship Breakdown

Humanitarian and Compassionate Grounds

If your sponsorship has been withdrawn and you do not have permanent residence, you may be able to apply for permanent residence on humanitarian and compassionate (H&C) grounds. An H&C application asks IRCC to consider your individual circumstances and make an exception to normal immigration requirements. Factors that may be considered include how settled you are in Canada, the best interests of any children affected, the conditions in your home country, health considerations, and the impact of domestic violence. H&C applications are discretionary, meaning there is no guarantee of approval, but they can be a viable option for people in difficult situations.

Work Permits and Other Temporary Status

If you are in Canada and your sponsorship has broken down, maintaining legal status is important. If you currently hold a work permit, you can continue to work until it expires and apply for renewal if you meet the requirements. If you do not have a work permit but are eligible, you may be able to apply for an open work permit for vulnerable workers. This special work permit is available to foreign nationals who are experiencing abuse in the context of their employment or immigration status, and it can provide you with the ability to support yourself while you explore longer-term immigration options.

Refugee Claims

In some cases, people whose sponsorship has broken down may be eligible to make a refugee claim if they fear persecution or harm in their home country. This is a separate process from the sponsorship application and involves the Immigration and Refugee Board of Canada. If you believe you cannot safely return to your home country, consult with an immigration lawyer immediately to discuss whether a refugee claim may be appropriate in your situation.

Accessing Legal Aid and Support

Legal Aid Programs

Every province and territory in Canada has a legal aid program that provides free or low-cost legal services to people who cannot afford a lawyer. Legal aid may cover family law matters (such as divorce, custody, and restraining orders) and immigration matters (such as refugee claims and removal proceedings). Eligibility is based on your income, and the types of cases covered vary by province. Contact your provincial legal aid office to find out if you qualify.

Settlement Agencies and Community Organizations

Settlement agencies across Canada provide a range of support services for newcomers in difficult situations. These services may include counselling, help finding housing, assistance with accessing social services, referrals to legal help, and support navigating the immigration system. Many agencies have staff who speak multiple languages and understand the unique challenges faced by sponsored immigrants. Organizations like community newcomer networks can connect you with local support.

Crisis Resources

If you are in a crisis situation, there are several resources available to you. The Assaulted Women's Helpline (1-866-863-0511) provides 24/7 support in multiple languages. The Kids Help Phone (1-800-668-6868) supports young people in crisis. Shelters for women and families fleeing violence are available in every province and territory, and many accept people regardless of immigration status. You can also access mental health resources for newcomers to help you cope with the emotional impact of a sponsorship breakdown.

The Sponsor's Obligations

When a person sponsors a spouse or partner, they sign an undertaking to provide financial support for three years from the date the sponsored person becomes a permanent resident. This obligation continues even if the relationship breaks down. If the sponsored person needs to access social assistance during the undertaking period, the government may seek to recover those costs from the sponsor. However, the sponsored person should not hesitate to access social assistance if they need it; the government will pursue the sponsor for repayment, not the sponsored person.

If you are a sponsor and your relationship has broken down, you should be aware that your financial obligation continues regardless of the separation. Failing to meet this obligation can affect your ability to sponsor anyone else in the future and may result in the government taking legal action to recover costs.

Moving Forward After Sponsorship Breakdown

A sponsorship breakdown can be one of the most difficult experiences a newcomer faces. It can affect your emotional wellbeing, your financial stability, your housing, and your sense of belonging in your new country. But it is important to know that you are not alone and that there are people and organizations ready to help you. Canada has strong protections for people in vulnerable situations, and there are pathways forward regardless of your circumstances.

Start by securing your immediate safety if you are in danger. Then, consult with a licensed immigration lawyer or a settlement agency to understand your specific immigration options. Take care of your mental health and reach out to community support networks. You have already shown incredible strength by coming to a new country, and you have the resources and rights to build a safe and fulfilling life here.

WelcomeAide is committed to supporting newcomers through every challenge. Our AI Newcomer Navigator can answer your questions about sponsorship, connect you with local resources, and provide guidance in your language. Explore our blog for more newcomer guides, learn about our mission, or see how to get involved in supporting newcomer communities across Canada.