2.D Refugee-Sponsor Relationship
D.1 What happens if the sponsoring group wants to withdraw its application before the refugees arrive?
(vii) What happens if there is a breakup in the refugee family prior to arrival?
How Canada Does It
If a married or common law couple being sponsored divorces or separates, their application will be severed. This may require completing new and separate forms for each partner. If the couple has children and only one parent immigrates to Canada with the children, the non-accompanying parent must either provide consent for the children to immigrate to Canada or the immigrating parent must obtain a court order granting him or her full custody with no visitation rights to the other parent. The sponsoring group may choose to continue sponsoring both partners separately.
A divorce or separation in the refugee family affects the sponsorship application in several ways. Since divorced or separated partners do not qualify as “dependants” under Canada’s immigration laws, they can no longer be part of the same sponsorship application. Therefore, in case of divorce or separation, their application will be severed. This may require completing new and separate forms for each partner. Each partner will need to independently qualify for refugee status and resettlement (i.e. meet the eligibility and admissibility criteria – see 2.A.1 and 2.A.6).
If the partners have children, they will need to determine custody arrangements by agreement or through a court that has jurisdiction to determine custody. If only one of the parents immigrates to Canada and brings the children, the non-accompanying parent must either provide consent for the children to immigrate to Canada or the immigrating parent must obtain a court order granting him or her full custody with no visitation rights to the other parent.
In case of divorce or separation, the sponsoring group may choose to continue sponsoring both partners. However, the group will need to demonstrate that they are able to provide additional income assistance and settlement support for two separate households. Importantly, the sponsoring group members must ensure they remain impartial and respect each partner’s confidentiality and autonomy. Sponsoring groups may choose to continue sponsoring one partner and withdraw from sponsoring the other.