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Difference between revisions of "Newcomers to Canada and Family Law"
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Newcomers to Canada and Family Law (view source)
Revision as of 22:18, 13 March 2017
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===Permanent resident spouses=== | ===Permanent resident spouses=== | ||
Under new rules that were introduced in October 2012, sponsored spouses are under a ''conditional'' permanent residency status for the first two years. According to the press <span class="noglossary">release</span> from [http://www.cic.gc.ca/english/index-can.asp Citizenship and Immigration Canada]: | Under new rules that were introduced in October 2012, sponsored spouses are under a ''conditional'' permanent residency status for the first two years. According to the press <span class="noglossary">release</span> from [http://www.cic.gc.ca/english/index-can.asp Citizenship and Immigration Canada] available at [http://news.gc.ca/web/article-en.do?nid=703499]: | ||
<blockquote>"The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship."</blockquote> | <blockquote>"The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship."</blockquote> | ||
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<blockquote>"The regulations include an exception for sponsored spouses or partners suffering abuse or neglect. The conditional measure would cease to apply in instances where there is evidence of abuse or neglect by the sponsor or if the sponsor fails to protect the sponsored spouse or partner from abuse or neglect. This abuse or neglect could be perpetrated by the sponsor or a person related to the sponsor, whether or not the abusive party is living in the household or not during the conditional period. The exception would also apply in the event of the death of the sponsor."</blockquote> | <blockquote>"The regulations include an exception for sponsored spouses or partners suffering abuse or neglect. The conditional measure would cease to apply in instances where there is evidence of abuse or neglect by the sponsor or if the sponsor fails to protect the sponsored spouse or partner from abuse or neglect. This abuse or neglect could be perpetrated by the sponsor or a person related to the sponsor, whether or not the abusive party is living in the household or not during the conditional period. The exception would also apply in the event of the death of the sponsor."</blockquote> | ||
If your sponsor is abusive and you seek an exemption from the conditional permanent residency, refer to paragraph 3 on Operational Bulletin 480 at the following link: [http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob480.asp#sec03] | |||
However, no matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family assets. | However, no matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family assets. | ||
