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

{{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. Where your spouse sponsored you and you later separate, your right to remain in Canada depends in part on the timing of your sponsorship application.

If you are a permanent resident, you have the right to remain in Canada if your sponsorship application was approved by Citizenship and Immigration Canada and received before October 25, 2012. If you have separated from your spouse, they cannot ask immigration officials to remove you from Canada.  

If you are a permanent resident and your sponsorship application was received by Citizenship and Immigration Canada after October 25, 2012, your permanent resident status is conditional - you must cohabit with your sponsor for two years from the day you received your permanent resident status in Canada. The only exceptions are where the sponsor dies or in cases of abuse or neglect. This rule does not apply if you have children together.  

 

* apply for '''refugee status'''; see the section "[[I want to claim refugee status in Canada]]", or  

* apply for permanent resident status based on '''humanitarian and compassionate''' considerations.  

#You should try to 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 representation]] 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 do not qualify for legal aid, contact an immigrant settlement agency; see the publication "[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]" for a listing of community workers and settlement agencies.

#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 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 advice. Your sponsorship application may be converted by Citizenship and Immigration Canada to an application to remain in Canada on humanitarian or compassionate grounds (an "H&C application") or you may have to make a new H&C application.

| 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". Obtaining income assistance may have a negative impact on an H&C application.

When you complete an 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.

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.

See the [[Resource List]] in this 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.

* [[WelcomeBC Settlement Services Map]] to find an agency that provides a range of services to immigration and refugee claimants.

{{Template:Legal Help Guide Disclaimer}}