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

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{{Template:Legal Help Guide TOC}}Canadian citizens and permanent residents who live in Canada can apply to ''sponsor'' (bring) certain family members to live with them in Canada. If your spouse sponsored you and you later separate, your right to remain in Canada depends on:
{{Template:Legal Help Guide TOC}}If your spouse sponsored you and you have separated, your right to remain in Canada depends on:
* whether you are a permanent resident, and
:* whether you are a permanent resident, and
* whether that status is ''conditional''.
:* 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.


If you are a permanent resident and your status is conditional, you must live with your spouse for at least two years after you arrive in Canada. If you separate from your spouse before the two years are completed, you may be required to leave Canada. The only exceptions are if your sponsor dies within the two year period or you can show there has been abuse or neglect in the relationship.
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.  


Permanent resident status is ''conditional'' if:
* your sponsorship <span class="noglossary">application</span> was filed after October 25, 2012, and
* at the time of your sponsorship <span class="noglossary">application</span>, 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 <span class="noglossary">application</span> is filed, then your permanent resident status will still be conditional.


If you are not a permanent resident and want to remain in Canada, you may either:
If you are a permanent resident and your status is '''conditional''':
*apply for ''refugee status'' (see the section "[[I want to claim refugee status in Canada]]"), or
:* you have to live with your spouse for at least two years after you arrive in Canada. But if '''your spouse abused 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.
*apply for permanent resident status based on ''humanitarian and compassionate'' considerations.  
 
 
'''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.]
 
 
'''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.
 
 
'''What if I'm not a permanent resident?'''
 
If you are not a permanent resident and you want to remain in Canada, you may do one of two things:
:* Apply for ''refugee status''. For information, see [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
:OR
:* Apply for permanent resident status based on ''humanitarian and compassionate grounds''. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].  
   
   
== First steps ==
== First steps ==
#You should try to get help from a lawyer or a <span class="noglossary">settlement</span> or community agency:
#Get help from a lawyer or a settlement or community agency:
#*If you cannot afford a lawyer on your own, apply for legal aid.  See [[Legal Aid Representation|legal aid <span class="noglossary">representation</span>]] in the Resource List 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 cannot afford a lawyer, apply for legal aid.  See [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation legal aid representation] in the Resource List. To get 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, <span class="noglossary">contact</span> an immigrant <span class="noglossary">settlement</span> agency; see the publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" for a listing of community workers and <span class="noglossary">settlement</span> agencies, or try the [[WelcomeBC Settlement Services Map]].
#*If you do not qualify for legal aid, contact an immigration settlement agency. See [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown] for a list of community workers and settlement agencies, or use the [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map]].
#*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately.
#*Contact the [http://wiki.clicklaw.bc.ca/index.php/Law_Students%27_Legal_Advice_Program Law Students' Legal Advice Program]] if you live in the Lower Mainland.
#If you are a conditional permanent resident and you separate from your spouse because of abuse or neglect, you can apply to Citizenship and Immigration Canada to request that you be granted full permanent resident status without the two-year waiting period. You need to gather documents to prove the abuse or neglectYou should try to get help from a lawyer.
#*Pay for a lawyer or immigration consultant.   
#If you have a child, you should also obtain legal advice regarding the custody of your child. See "[[I just separated from the other parent of my children |I just separated from the other parent of my children]]" in this Guide.
#If you have a child, get legal advice. See [http://wiki.clicklaw.bc.ca/index.php/I_just_separated_from_the_other_parent_of_my_children I just separated from the other parent of my children].
#If you fear returning to your country of nationality, you may want to seek legal advice about applying for refugee status. See the section "[[I want to claim refugee status in Canada]]."
#If you fear returning to your country, get legal advice about how to apply for refugee status. See the section [http://wiki.clicklaw.bc.ca/index.php/I_want_to_claim_refugee_status_in_Canada I want to claim refugee status in Canada].
#If you were sponsored by your husband and the sponsorship <span class="noglossary">application</span> is not completed at the time of the separation, and you wish to apply to stay in Canada, you should obtain legal advice. Your sponsorship <span class="noglossary">application</span> may be converted by Citizenship and Immigration Canada to an <span class="noglossary">application</span> to remain in Canada on humanitarian or compassionate grounds (an "H&C application") or you may have to make a new H&C <span class="noglossary">application</span>.
#If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see [http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications (H&C Applications)].
 


{{Tipsbox
{{Tipsbox
| width = 70%
| width = 70%
| tips = Unless you already have a work permit, you are not entitled to work in Canada while an H&C <span class="noglossary">application</span> is under consideration until you have been "approved in principle." Obtaining income assistance may have a negative impact on an H&C <span class="noglossary">application</span>.
| tips = 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."
}}
}}


==What happens next if you file an H&C application==
When you complete an H&C <span class="noglossary">application</span>, 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 <span class="noglossary">application</span>.
H&C applications take a long time to process, typically between one and half and two years.
If your <span class="noglossary">application</span> is denied, you may be removed from Canada. Prior to removal you may receive an <span class="noglossary">application</span> 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==
==Where to get help==


See the [[Resource List for Legal Help for British Columbians|Resource List]] in this Guide for a list of helpful resources. Your best bets are:
See the [http://wiki.clicklaw.bc.ca/index.php/Resource_List_for_Legal_Help_for_British_Columbians Resource List] in this guide for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid <span class="noglossary">representation</span>]], to see if you qualify for legal aid.
* [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation Legal aid representation], to see if you qualify for legal aid.
* [[WelcomeBC Settlement Services Map]] to find agencies that provide services to immigrants and refugee claimants.
* [http://wiki.clicklaw.bc.ca/index.php/WelcomeBC_Settlement_Services_Map WelcomeBC Settlement Services Map] to find agencies that provide services to immigrants and refugee claimants.
* The Clicklaw common question "[http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]"
* The Clicklaw common question [http://www.clicklaw.bc.ca/question/commonquestion/1062 A friend was sponsored to come to Canada but the sponsor left her. What can she do?]
 


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.


{{REVIEWED | reviewer = [[Rochelle Appleby]], April 2014}}
{{REVIEWED | reviewer = [[Rochelle Appleby]], April 2014}}

Revision as of 17:34, 20 October 2014

If your spouse sponsored you and you have separated, your right to remain in Canada depends on:

  • 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.


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 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.


You do not have to remain in an abusive situation. See Information for sponsored spouse or partners.


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.


What if I'm not a permanent resident?

If you are not a permanent resident and you want to remain in Canada, you may do one of two things:

OR


First steps[edit]

  1. Get help from a lawyer or a settlement or community agency:
  2. If you have a child, get legal advice. See I just separated from the other parent of my children.
  3. If you fear returning to your country, get legal advice about how to apply for refugee status. See the section I want to claim refugee status in Canada.
  4. If you were sponsored by your husband and the sponsorship application was not completed when you separated, get legal advice. You may be able to apply to stay in Canada on humanitarian or compassionate grounds. For information, see A Guide to Humanitarian and Compassionate Applications (H&C Applications).


Tipsandnotes.png
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."


Where to get help[edit]

See the Resource List in this guide for a list of helpful resources. Your best bets are:


This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Rochelle Appleby, April 2014.


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