Divorce after Landing on spousal sponsorship

[Jasskaur102]

Hi there, I hope everybody is doing well. I married my boyfriend in India whom I am with relationship from past 8 years. I married him without telling my parents as they are against my marriage. Now, I sponsored him on spousal sponsorship and he already landed one month ago. I married him in June 2024 so its been 6-7 months of our marriage. Now things are not going so well and we want a divorce. Its not been a year. Question:
-Can I apply for divorce in June 2025, after its one year of our marriage or we have to wait one year since he landed to show one year separation?
-Can I show 6 months separation when he was in India and 6 month separation when he is in Canada?
Please suggest me. It isn’t a fake marriage. It is genuine marriage. I don’t want any misrepresentation or marriage of convenience. I really loved him but his habits are not very good and he is not supporting me mentally and emotionally. Its very stressful living like this as I did a mistake. Now my parents know everything. They are also suggesting me for divorce. I want a mutual divorce as he agreed to divorce me. Please suggest something @scylla @dpenabill and other respected people.
Thank you

 

[Flyingfast]

You have to be separated for one year. You would have to start the separation after he arrived in Canada otherwise you committed immigration fraud. You have to be truthful with the dates or he can challenge the dates with the court. He can also seek spousal support from you from the courts since he has just arrived. You are also responsible to repay any government assistance he gets for the next 3 years regardless of a divorce.

 

[canadianwoman]

Agreed. You cannot state you were separated from him before he landed, because if you were separated (in the sense that the relationshiphad broken down), then you should have informed the Immigration department and withdrawn your sponsorship before he landed. When did you decide you wanted to divorce? Start the one year from that date, or from when one of you left the marital home.

 

[Jasskaur102]

Thankyou for your response

Agreed. You cannot state you were separated from him before he landed, because if you were separated (in the sense that the relationshiphad broken down), then you should have informed the Immigration department and withdrawn your sponsorship before he landed. When did you decide you wanted to divorce? Start the one year from that date, or from when one of you left the marital home.

Thank you for your response. can we stay in same address while being separated?

 

[YVR123]

Thankyou for your response

Thank you for your response. can we stay in same address while being separated?

Does the house/apartment have separated living area and multiple rooms?
What is the rush for divorce if you two are still living together?
Neither you or your spouse cannot sponsor another person in Canada anyway for years.

Suggest to move out (him or you) and start counting the separation on that day, then apply for divorce a year after.
You are still responsible for him (under taking) for 3 years since his landing day (day he became a PR) regardless of marital status.

 

[scylla]

Thankyou for your response

Thank you for your response. can we stay in same address while being separated?

One of you should move.

 

[Jasskaur102]

Does the house/apartment have separated living area and multiple rooms?
What is the rush for divorce if you two are still living together?
Neither you or your spouse cannot sponsor another person in Canada anyway for years.

Suggest to move out (him or you) and start counting the separation on that day, then apply for divorce a year after.
You are still responsible for him (under taking) for 3 years since his landing day (day he became a PR) regardless of marital status.

I understand that we cannot sponsor anybody and I am responsible for him financially, the thing is, I love him and I care about him. I don’t want to leave him alone. But he is not supportive to me. He always yell at me and make me mentally weak. Things like that. My family also don’t like him. I don’t know if he will get better in future or will get worse. Thats why I am thinking of divorce and want to take some actions immediately like separation.
Thank you

 

[YVR123]

You can separate from him as soon as you can.
But either him or you have to move out. (probably him)

 

[scylla]

I understand that we cannot sponsor anybody and I am responsible for him financially, the thing is, I love him and I care about him. I don’t want to leave him alone. But he is not supportive to me. He always yell at me and make me mentally weak. Things like that. My family also don’t like him. I don’t know if he will get better in future or will get worse. Thats why I am thinking of divorce and want to take some actions immediately like separation.
Thank you

So then one of you should move out if you are really separating and are no longer in a relationship.

Otherwise you really aren't separating. You just have challenges in your marriage that you are trying to work through and hope they get better in the future.

You need to decide which it is. It cannot be both.

 

[Jasskaur102]

You can separate from him as soon as you can.
But either him or you have to move out. (probably him)

Thank-you, But I read on Internet that separation can be in same house but different rooms. Is it possible?

 

[scylla]

Thank-you, But I read on Internet that separation can be in same house but different rooms. Is it possible?

Technically it can be but the relationship needs to have essentially ended. Has that happened? Have you split your affairs? You are no longer sharing finances, etc

It feels like you want to start the seperation clock just in case you want to file for divorce a year from now. Maybe just my impression. The two of you need to decide if you are officially separating as of now. This can't just be your decision.

 

[Sonikell]

This sounds terrible. You both should probably get some couple‘s counselling. And take it from there.

Good luck