Getting a divorce for Canadian immigration purposes

divorce for immigration

Matilde, a Portuguese citizen, intends to immigrate to Canada. Matilde has a spouse. However, she realizes if she gets a divorce, she may qualify for immigration. Therefore, Matilde and her spouse decide to get a divorce. They intend to remarry after Matilde’s immigration. Of course, they hope she sponsors her spouse later after immigration. Unfortunately, a consultant informs them this is not an option. Matilde wonders why getting a divorce for Canadian immigration purposes could be problematic.

Why getting a divorce for immigration purposes could be on the table?

Many immigration options to Canada are point-based. Some require minimum points for qualification, and some use a scoring system for competing with other candidates. Here are some examples:

Depending on the option, you and your spouse or common-law partner could contribute to these points. Ironically, having a spouse or common-law partner does not necessarily increase your score. For example, their lack of education, work experience, or knowledge of English or French languages could reduce your points. Of course, not every immigration option is like this. However, divorcing your spouse or breaking your common-law relationship could benefit immigration if your partner affects an immigration option negatively.

A known scheme for immigration

Getting a divorce or ending a common-law relationship for immigration is a known scheme. The couple ends their relationship. One of them successfully immigrates and then sponsors the other one. If you think your brilliant mind has proposed this scheme, I’m afraid you are not the first one. Regardless, the immigration authorities are aware of this scheme and have even coded this matter in the Immigration Regulations (Regs).

What do the Regs say about getting a divorce for immigration purposes?

Section 4.1 of Regs addresses divorce-then-marriage-scheme for immigration. Regs call this type of activity a New Relationship.

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

New relationship under the Immigration Regulations.

In layperson terms, you may divorce your spouse or end your common-law partnership for immigration to Canada. However, you may not later renew the relationship and sponsor them to Canada. Of course, if the divorce-marriage occurs naturally and not for immigration, you may sponsor them. However, proving the genuineness of this matter is not easy.

Misrepresentation is another risk.

The immigration officer could argue you hid a material fact when you claimed you ended your relationship. In other words, they may claim you never finished the relationship but pretend it ended. If they go in that direction, you may face misrepresentation allegations. Misrepresentation could result in one or more of the following adverse outcomes:

What if the marriage is fake?

Sometimes the new marriage is fake. In other words, the couple only marries for gaining status in Canada. In such situations, they add another level of complexity to the matter. I have another article that addresses fake marriages for immigration to Canada.

Let us help!

Instead of focusing on schemes such as getting a divorce for immigration, please book a consultation with me. I’ll review your case and offer you ethical and lawful options. Of course, if you are already facing an immigration or visa problem, you may fill out the following form. Alternatively, book a mentorship session with me or fill out our assessment form. The mentorship sessions are available to licensed practitioners only.

    Welcome! We're here to help you with your immigration concerns. Please provide some initial information to help us understand your situation and guide you better. Your journey towards resolving immigration issues begins here.

    Personal Information

    Full Name (required)

    Email (required)

    Confirm Email (required)

    WhatsApp number (optional)

    Immigration Concerns

    Are you inadmissible to Canada?

    YesNoI don't know

    Have you received a removal order from Canada?

    Yes, DepartureYes, ExclusionYes, DeportationYes, type unknownNoI don't know

    Any other issues (select all that apply)?

    Do you believe humanitarian and compassionate grounds apply to you?

    YesNoI don't know

    Please explain the issue briefly:

    Additional Resources

    Upload a file that could help us better understand your situation - only PDF, JPG or PNG and less than 0.5MB. Examples of helpful documents include: refusal letters, other correspondence from immigration authorities, etc.

    Your Next Step

    If you prefer to discuss your situation directly, you can book a consultation session with Al Parsai. Please note that the consultation is not free. By submitting this form, you're taking the first step towards receiving professional guidance on your immigration journey. We will review your information and advise if it is best to book a consultation with him.

    We take your privacy seriously. Your information will only be used to assess your situation and to contact you.

    Client Testimonials

    We are proud to have a rating of 4.8/5 based on tens of reviews. Here's what one of many of our satisfied clients had to say about our services:

    A testimonial by a satisfied consultation client.

    You can find more reviews by searching for "Parsai Immigration Services" on Google.

    Read this in Spanish

    Related Posts

    Immigration Agencies in the US and Canada: A Comparison

    May 18, 2024

    Innovation Stream Pilot Work Permit in Canada – IMP C88

    May 16, 2024

    Comparing the Standard of Proof in Canada and the United States

    May 12, 2024

    Updated IMP Codes for Intra-Company Transferees (ICT)

    May 11, 2024

    Would you please fill out our free assessment form if you wish to visit or move to Canada? We will review it for free, but we will contact you only if we find an opportunity for you. Alternatively, you may book a consultation session. Consultation sessions are not free, but you will receive formal immigration advice from a licensed practitioner.

    Al ParsaiAl Parsai, LLM, MA, RCIC-IRB
    Regulated Canadian Immigration Consultant
    Adjunct Professor – Queen’s University – Faculty of Law
    Ashton College Instructor – Immigration Consulting
    Author – 88 Tips on Immigration to Canada

    Fill our Free Canada Immigration Assessment Form in your language!

    Disclaimer:
    This article provides information of a general nature only. Considering the fluid nature of the immigration world, it may no longer be current. Of course, the item does not give legal advice. Therefore, do not rely on it as legal advice or immigration advice. Consequently, no one could hold us accountable for the content of these articles. Of course, if you have specific legal questions, you must consult a lawyer. Alternatively, if you are looking for immigration advice, book an appointment.

    The characters and places in the articles:
    All the characters and locations in the articles are fictional, unless otherwise clearly stated. Therefore, any resemblance in names, dates, and places is coincidental.

    Important Notes:
    For our official addresses, trust this website only. We currently do not have offices outside Canada. Therefore, anyone who claims to be our agent is committing fraud. Also, note that we do not issue any work permits or study permits or similar documents. The government of Canada has the sole authority to issue such material.

    Click to read the disclaimer.

    Al Parsai

    This article has been expertly crafted by Al Parsai, a distinguished Regulated Canadian Immigration Consultant (L3 RCIC-IRB – Unrestricted Practice) hailing from vibrant Toronto, Canada. Al's academic achievements include an esteemed role as an adjunct professor at prestigious Queen's University Law School and Ashton College, as well as a Master of Laws (LLM) degree from York University. A respected member of CICC and CAPIC organizations, Al's insights are further enriched by his experience as the dynamic CEO of Parsai Immigration Services. Guiding thousands of applicants from over 55 countries through the immigration process since 2011, Al's articles offer a wealth of invaluable knowledge for readers.