My Husband Sponsored Me and We Have Now Separated

Canadian citizens and permanent residents who live in Canada can apply to sponsor (bring) their family members to live with them in Canada. If you were sponsored by your spouse and the sponsorship application was approved by Citizenship and Immigration Canada, then if you are a permanent resident, you have the right to remain in Canada. If you have separated from your spouse, they cannot ask immigration officials to remove you from Canada.

If you are not a permanent resident and want to remain in Canada, you may either apply for refugee status or apply for permanent resident status based on humanitarian and compassionate considerations.

First steps

1. You should try to get help from a lawyer or settlement agency:
   • If you cannot afford a lawyer on your own, apply for legal aid. See Legal aid representation in the Resource Guide for information about applying for legal aid. To qualify for legal aid you must be financially eligible and your case must have a reasonable chance of success.
   • If you do not qualify for legal aid, contact an immigrant settlement agency; see the Legal Services Society publication "Sponsorship Breakdown" for a listing of community workers and settlement agencies.
   • Other options for getting legal help include contacting the Law Students Legal Advice Program or retaining a lawyer or immigration consultant privately.
2. If you have a child, you should also obtain legal advice regarding the custody of your child.
3. If you fear returning to your country of nationality, you may want to seek legal advice about applying for refugee status. See the question "I want to claim refugee status in Canada".
4. If you were sponsored by your husband and the sponsorship application is not completed at the time of the separation, and you wish to apply to stay in Canada, you should obtain legal information and advice. Your sponsorship application may be converted by Citizenship and Immigration Canada (CIC) to a an application to remain in Canada on humanitarian or compassionate grounds (a "H&C application") or you may have to make a new H&C application.

What happens next

When you complete a H&C application, you must show Citizenship and Immigration Canada that you can become established in Canada on your own or that your removal to your country will cause you or your children unusual or undeserved hardship. It is important to provide information concerning the strength of your connections to Canada, the impact leaving Canada will have on you and your children, how you have supported yourself in Canada, whether you were the victim of domestic violence, and the hardship you will face if returned to your home country. It is very helpful to obtain letters of support and other documents to support your application.

H&C applications take a long time to process, typically between one and half and two years.

If your application is denied, you may be removed from Canada. Prior to removal you may receive an application for a Pre-Removal Risk Assessment (PRRA). At this stage Canada Border Services Agency will consider whether you are at risk of torture, death or persecution if removed from Canada.

It may be possible to review a negative H&C decision or a negative PRRA decision to the Federal Court of Canada.

Where to get help

See: • Mothers Without Status Practical information for service providers working with women who have no legal status (YWCA) • A Guide to Humanitarian and Compassionate Applications (MOSAIC) TIPS AND NOTES: • Unless you already have a work permit you are not entitled to work in Canada while an H&C application is under consideration until you have been “approved in principle”. • There is a fee for filing an H&C application. Check the CIC website for current fees. There is no fee for making a refugee claim or submitting a PRRA application. • Obtaining income assistance may have a negative impact on an H&C application.

See the Resource Guide for a list of helpful resources. Your best bets are:

• Legal aid representation, to see if you qualify for legal aid.
• Settlement agencies such as MOSAIC, which provide a wide range of services to immigrants and newcomers. The Legal Services Society publication "Your Guide to the Refugee Claim Process" includes a list of settlement agencies. MOSAIC also publishes a detailed guide on "Immigration and Refugee Law".
• The chapter of the Law Students Legal Advice Program's Manual on "Immigration Law".

Before meeting with a lawyer or advocate, complete the form Preparing for Your Interview included in this Guide. Make sure you bring copies of all documents relating to your case.

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

In law, (2) a lawsuit, an action, or a cause of action, or (2) the wrongful act of another which gives rise to a claim for relief. See "action" and "cause of action."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.