PR Sponsored Spouse wants to Separate

[amroz]

Hi Everyone, Need help on what should I be doing ?
I am an Indian Citizen and PR in Canada
Background:
I came in Canada in 2021, work permit 2022, got ITA in 2023 and got PR in April 2024 (with card). Got Married in June 2024, my spouse is also from India.
Filled outland family class sponsorship, which got Approved in April 2025, she landed in June 2025 using eCOPR and got the PR card withing 2 weeks.

Now, things are not going well, my spouse would like to separate and return back to India. I need help and guidance on how to navigate this. Below are my questions which I have to get a clarity.

Q1. If we mutually agree that to get Separated, does she need to renounce her PR here in Canada before returning ?
Q2. After she returns back to India, all the separation formalities are done there, is there something which I need to inform to IRCC ?
Q3. I am aware once I get separated, If I remarry someone, I can only sponsor new spouse after 3 years. Can I marry someone with any Canada Visa so that they can stay with me and only after 3 years, I file for new sponsorship ?

These are the questions right now I have in mind, please free to correct me or provide your inputs.

Thank you

Edit: She is from India.

 

[Ponga]

Hi Everyone, Need help on what should I be doing ?
I am an Indian Citizen and PR in Canada
Background:
I came in Canada in 2021, work permit 2022, got ITA in 2023 and got PR in April 2024 (with card). Got Married in June 2024, my spouse is also from Canada.
Filled outland family class sponsorship, which got Approved in April 2024, she landed in June 2025 using eCOPR and got the PR card withing 2 weeks.

Now, things are not going well, my spouse would like to separate and return back to India. I need help and guidance on how to navigate this. Below are my questions which I have to get a clarity.

Q1. If we mutually agree that to get Separated, does she need to renounce her PR here in Canada before returning ?
Q2. After she returns back to India, all the separation formalities are done there, is there something which I need to inform to IRCC ?
Q3. I am aware once I get separated, If I remarry someone, I can only sponsor new spouse after 3 years. Can I marry someone with any Canada Visa so that they can stay with me and only after 3 years, I file for new sponsorship ?

These are the questions right now I have in mind, please free to correct me or provide your inputs.

Thank you

Sorry to hear you're separating.

I do have a question. You state that your spouse `is also from Canada'. What was her status in Canada when you met; what was her status when the sponsorship application was submitted?


Q1. She does not need to renounce her PR Status. Unless you can provide evidence (to IRCC) that she became a PR knowing that the marriage was `over', in essence fraudulantly, her status would not be impacted by the separation. You will still be financially responsible for her for the remainder of the three year window from the day she became a PR. If she were to return to Canada during this period and go on social assistance, for example, you could be responsible for repaying the government.

Q2. No

Q3. Possibly, but `she' would need to find a way to obtain (and then maintain) visitor status in Canada. Unlike the country below Canada, there is no `fiance' visa' available to her.

Good luck to you both.

 

[amroz]

Sorry to hear you're separating.

I do have a question. You state that your spouse `is also from Canada'. What was her status in Canada when you met; what was her status when the sponsorship application was submitted?


Q1. She does not need to renounce her PR Status. Unless you can provide evidence (to IRCC) that she became a PR knowing that the marriage was `over', in essence fraudulantly, her status would not be impacted by the separation. You will still be financially responsible for her for the remainder of the three year window from the day she became a PR. If she were to return to Canada during this period and go on social assistance, for example, you could be responsible for repaying the government.

Q2. No

Q3. Possibly, but `she' would need to find a way to obtain (and then maintain) visitor status in Canada. Unlike the country below Canada, there is no `fiance' visa' available to her.

Good luck to you both.

I have corrected that, She is from India. Marriage was fixed by elders, I met her in India and got married.

Answering for Q1, we applied Outland Family Class sponsorship in Dec 2024, she being the primary applicant and me the sponsor. The application got Approved in April 2025, she arrived in June 2025. Things didn't seem to workout. and we are at this point. If she renounces her PR then there will be no ties between us ?

 

[armoured]

If she renounces her PR then there will be no ties between us ?

She is not required to renounce her PR and indeed, whether she renounces it or not, that has no bearing on whether you will have any ties.

What will determine any (legal) ties you two will have is whether your marriage is dissolved legally (e.g. by divorce). That's it.*

As far as I'm aware, your (ex)spouse renouncing will not shorten the time period you will have to wait to sponsor again.

As @Ponga mentioned, if you should get betrothed, it's up to you and the new spouse to figure out how to stay together until that waiting period is over - there's no fiance visa. Might qualify as student or on their own for some economic program (not necessarily easy).

* In the event that you divorce without the spouse renouncing /and/ she were to return to Canada /and/ go on government assistance, you would still be liable under the guarantee you gave to the government for any social assistance she might receive - but this is not a direct tie between you two, govt would eventually ask for reimbursement directly.

My own opinion, but if your (ex)spouse is not showing interest in remaining in Canada and agreeable to a no-fault clean divorce, the renunciation/financial liability to govt are of a secondary nature (several levels of contingency) - especially of course if you think the chances of the partner returning and getting social assistance are low.

Renunciation may still be 'better' of course (for you anyway) - but she would require only five minutes with a lawyer (or even anyone vaguely familiar with the rules or a good fifteen minutes googling) to determine that you cannot /make/ her renounce PR status. One could easily overplay one's hand and make things worse in that regard.

 

[scylla]

Hi Everyone, Need help on what should I be doing ?
I am an Indian Citizen and PR in Canada
Background:
I came in Canada in 2021, work permit 2022, got ITA in 2023 and got PR in April 2024 (with card). Got Married in June 2024, my spouse is also from India.
Filled outland family class sponsorship, which got Approved in April 2025, she landed in June 2025 using eCOPR and got the PR card withing 2 weeks.

Now, things are not going well, my spouse would like to separate and return back to India. I need help and guidance on how to navigate this. Below are my questions which I have to get a clarity.

Q1. If we mutually agree that to get Separated, does she need to renounce her PR here in Canada before returning ?
Q2. After she returns back to India, all the separation formalities are done there, is there something which I need to inform to IRCC ?
Q3. I am aware once I get separated, If I remarry someone, I can only sponsor new spouse after 3 years. Can I marry someone with any Canada Visa so that they can stay with me and only after 3 years, I file for new sponsorship ?

These are the questions right now I have in mind, please free to correct me or provide your inputs.

Thank you

Edit: She is from India.

You need to wait until you are officially and legal divorced before you enter into a new marriage. If you marry someone while only separated, IRCC won't recognize the marriage.

 

[canuck78]

Hi Everyone, Need help on what should I be doing ?
I am an Indian Citizen and PR in Canada
Background:
I came in Canada in 2021, work permit 2022, got ITA in 2023 and got PR in April 2024 (with card). Got Married in June 2024, my spouse is also from India.
Filled outland family class sponsorship, which got Approved in April 2025, she landed in June 2025 using eCOPR and got the PR card withing 2 weeks.

Now, things are not going well, my spouse would like to separate and return back to India. I need help and guidance on how to navigate this. Below are my questions which I have to get a clarity.

Q1. If we mutually agree that to get Separated, does she need to renounce her PR here in Canada before returning ?
Q2. After she returns back to India, all the separation formalities are done there, is there something which I need to inform to IRCC ?
Q3. I am aware once I get separated, If I remarry someone, I can only sponsor new spouse after 3 years. Can I marry someone with any Canada Visa so that they can stay with me and only after 3 years, I file for new sponsorship ?

These are the questions right now I have in mind, please free to correct me or provide your inputs.

Thank you

Edit: She is from India.

Just a word of caution. It sounds like you may have had limited in person time in your relationship and separated quite soon after she landed. You are required to wait 3 years from your 1st spouse’s landing date to sponsor again but I would also strongly suggest more in person relationship time before applying for sponsorship again if you end up marrying someone without status or longterm status in Canada. Your application may face more scrutiny. There may be no way for your spouse to join you in Canada before sponsorship so that is something you should consider if you want to get married before the 3 years are finished. There is always the option of marrying someone who is already a PR or Canadian citizen which wouldn’t require sponsorship.