View source for My Husband Sponsored Me and We Have Now Separated

{{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 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 or neglected 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 or neglect.


'''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] and the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown], written for permanent residents and conditional permanent residents who need help when the person sponsoring them in Canada is no longer supporting them.


'''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 ==
#Get help from a lawyer or a settlement or community agency:
#*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, 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]].
#*Contact the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project].
#*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.
#*Pay for a lawyer or immigration consultant.  
#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, 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 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)].
#If your spouse is no longer supporting you see the resource titled [http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]. 


{{Tipsbox
| width = 70%
| 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."
}}

==Where to get help==

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:
* [http://wiki.clicklaw.bc.ca/index.php/Legal_Aid_Representation Legal aid representation], to see if you qualify for legal aid.
* [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?]



{{REVIEWED | reviewer = [[Rochelle Appleby]], December 2015}}

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