Difference between revisions of "Newcomers to Canada and Family Law"
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In October 2012, the government of Canada introduced a rule that most sponsored spouses were under ''conditional permanent residency status'' for the first two years. This condition was removed on April 28, 2017, when the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or common-law partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status. | In October 2012, the government of Canada introduced a rule that most sponsored spouses were under ''conditional permanent residency status'' for the first two years. This condition was removed on April 28, 2017, when the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or common-law partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status. | ||
If your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (where someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. If that happens, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the | If your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (where someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. If that happens, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the officer, then you must respond by the date listed on the letter to avoid a removal order. | ||
No matter what, your spouse may still remain responsible for supporting you and your children. If you are married or qualify as an unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property. See the chapter on [[Property & Debt in Family Law Matters|Property & Debt]]. | No matter what, your spouse may still remain responsible for supporting you and your children. If you are married or qualify as an unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property. See the chapter on [[Property & Debt in Family Law Matters|Property & Debt]]. | ||