What happens if a couple splits during or after PR visa process?

[ligiagarcir]

Hi there! I'm about to apply for a FSWP PR visa with my common law husband and I'm trying to work with all scenarios and possibilities, when I came across this question: what happens if we break up in the middle of the proccess or after being granted the visa? What happens to the main applicant? And to the spouse?

Thanks in advance for your help.

 

[Leon]

If they have what looks like a permanent break-up, they are supposed to let CIC know. The spouse will be excluded from the application and does not get PR. The principal applicant gets PR unless they were relying on spouse points, then they may lose out too.

A visa that has already been issued can still be invalidated. However, if they have already landed, they will both remain PR.

If they split up during the visa processing and only the principal applicant gets PR, should they get back together, there is a way for a PR to sponsor a spouse. However, it can take a long time and they would have to re-qualify as a couple, if common law, live together for 12 months or if they want to avoid that, they could get married. A sponsored spouse would have to cohabit with their sponsor for at least 2 years after getting PR. Otherwise they could lose it again.

 

[ligiagarcir]

Leon, thanks for your prompt reply.

Just one more question: have you just said that in case a couple gets married, the 12-month living together evidence is no longer necessary?

We're struggling with that, because he moved in more than 12 months ago, but kept his bills at his brother's place, and now we have nothing that proves it.

Thanks once again!

 

[Leon]

That's right, if you are married, you don't have to prove that you've lived together for 12 months, not to apply together nor for sponsorship later on.

However, if you get married, then split up before getting PR, things could get complicated. As a separated but not yet divorced couple, immigration may be reluctant to remove the separated spouse from the application. If you get them to do it anyway, then decide you want to get back together, it may be hard to sponsor your spouse because you were married at the time you applied but your spouse was not included on your application.