My Husband Sponsored Me and We Have Now Separated

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:

• Apply for refugee status. For information, see I want to claim refugee status in Canada.

OR

• Apply for permanent resident status based on humanitarian and compassionate grounds. For information, see A Guide to Humanitarian and Compassionate Applications (H&C Applications).

First steps

1. Get help from a lawyer or a settlement or community agency:
   • If you cannot afford a lawyer, apply for legal aid. See 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, contact an immigration settlement agency. See Sponsorship Breakdown for a list of community workers and settlement agencies, or use the WelcomeBC Settlement Services Map].
   • Contact the YWCA Single Mothers Without Legal Status In Canada Project.
   • Contact the Law Students' Legal Advice Program] if you live in the Lower Mainland.
   • Pay for a lawyer or immigration consultant.
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).

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

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

• 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.
• The Clicklaw common question A friend was sponsored to come to Canada but the sponsor left her. What can she do?

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

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

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

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."

In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple, and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses under the Family Law Act without marrying. See "cohabitation," "marriage," and "spouse."

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."

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."