Difference between revisions of "Newcomers to Canada and Family Law"

In October 2012, the government of Canada introduced a new rule that sponsored spouses are under a conditional permanent residency status for the first two years (with some exceptions). This condition was removed on April 28, 2017. In April 2017, the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.   

The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation.

This means that if your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. At this point, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the immigration officer, then you must respond by the date listed on the letter to avoid a removal order.  

No matter what, your spouse may still remain responsible for supporting you and your children. If you qualify as a married or unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property.

 

Although your spouse still has an obligation to support you as your sponsor, you will not lose your permanent resident status if you have to apply for welfare. If you do apply for welfare, keep in mind that you will be expected to try to obtain support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse.