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

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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.  
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.  
   
   
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== First steps ==
== First steps ==
#You should try to get help from a lawyer or settlement agency:
#You should try to get help from a lawyer or settlement agency:
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#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]]".
#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]]".
#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.
#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.
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| tips = Unless you already have a work permit, you are not entitled to work in Canada while a H&C application is under consideration until you have been "approved in principle". Obtaining income assistance may have a negative impact on a H&C application.
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==What happens next==  
==What happens next==  
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==Where to get help==
==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:
See the [[Resource Guide]] for a list of helpful resources. Your best bets are:
* [[Legal Aid Representation|Legal aid representation]], to see if you qualify for legal aid.
* [[Legal Aid Representation|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 "[http://www.clicklaw.bc.ca/resource/1941 Your Guide to the Refugee Claim Process]" includes a list of settlement agencies. MOSAIC also publishes a detailed guide on "[http://www.clicklaw.bc.ca/resource/1868 Immigration and Refugee Law]".
* Settlement agencies such as [[MOSAIC]], which provide a wide range of services to immigrants and newcomers. The Legal Services Society publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" includes a list of community workers and settlement agencies. MOSAIC also publishes "[http://www.clicklaw.bc.ca/resource/1864 A Guide to Humanitarian and Compassionate Applications]".
* The chapter of the [[Law Students Legal Advice Program]]'s Manual on "[http://www.clicklaw.bc.ca/resource/1738 Immigration Law]".
* The booklet "[http://www.clicklaw.bc.ca/resource/2302 Mothers Without Status]", from YWCA Vancouver, provides practical information for service providers working with women who have no legal status.


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.
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.


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