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Difference between revisions of "My Husband Sponsored Me and We Have Now Separated"

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My Husband Sponsored Me and We Have Now Separated (view source)

Revision as of 20:35, 17 May 2017

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this change reflects changes to the law as of April 28, 2017 when the Government of Canada eliminated "conditional" Permanent Resident status
(this change reflects changes to the law as of April 28, 2017 when the Government of Canada eliminated "conditional" Permanent Resident status)
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{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, your right to remain in Canada depends on:
{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, you have the right to remain in Canada as long as you are a permanent resident or a citizen.
:* whether you are a permanent resident, and
:* whether your status is ''conditional''.




If you are a permanent resident, and your status is is '''not conditional''', immigration officials cannot ask you to leave Canada if you separate from your spouse.  
Before April 28, 2017 some permanent resident status was conditional. A conditional permanent resident was required to live with their sponsor for 2 years. As of April 28, 2017 the Government of Canada has eliminated this condition. This change applies to anyone who was subject to this condition as well as persons sponsored in the future.  
 
 
If you are a permanent resident and your status is '''conditional''':
:* you have to live with your spouse for at least two years after you arrive in Canada. But if '''your spouse abused or neglected you''', you can apply for full permanent resident status without the two-year waiting period. See a lawyer as soon as possible. Look at '''Where to get help'''. You will need to gather documents to prove the abuse or neglect.
 
 
'''You do not have to remain in an abusive situation.''' See [http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp Information for Sponsored Spouse or Partners] and the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown], written for permanent residents and conditional permanent residents who need help when the person sponsoring them in Canada is no longer supporting them.
 
 
'''How do I know if my permanent resident status is ''conditional'''''?
 
Permanent resident status is ''conditional'' if:
:* your sponsorship was filed after October 25, 2012, and
:* at the time of your sponsorship application, you and your spouse did not have a child together, and
:* you had not been married or in a marriage-like relationship for at least two years.
 
If you and your spouse have a child together ''after'' the sponsorship application is filed, then your permanent resident status will still be conditional. NOTE: The government of Canada is reviewing the "conditional" permanent resident program. The law in this area may change.  


If you are a permanent resident immigration officials cannot ask you to leave Canada if you separate from your spouse unless they believe the marriage was not genuine.


'''What if I'm not a permanent resident?'''
'''What if I'm not a permanent resident?'''
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{{REVIEWED | reviewer = [[Rochelle Appleby]], March 2017}}
{{REVIEWED | reviewer = [[Rochelle Appleby]], May 2017}}


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