My Husband Sponsored Me and We Have Now Separated

Canadian citizens and permanent residents who live in Canada can apply to sponsor (bring) certain family members to live with them in Canada. If your spouse sponsored you and you later separate, your right to remain in Canada depends on:

• whether you are a permanent resident, and
• whether that 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 must live with your spouse for at least two years after you arrive in Canada. If you separate from your spouse before the two years are completed, you may be required to leave Canada. The only exceptions are if your sponsor dies within the two year period or you can show there has been abuse or neglect in the relationship.

Permanent resident status is conditional if:

• your sponsorship application 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.

If you are not a permanent resident and want to remain in Canada, you may either:

• 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.

First steps

1. 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 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 "Sponsorship Breakdown" for a listing of community workers and settlement agencies, or try the WelcomeBC Settlement Services Map.
   • Another option to consider is contacting the YWCA Single Mothers Without Legal Status In Canada Project.
   • Other options for getting legal help include contacting the Law Students' Legal Advice Program or retaining a lawyer or immigration consultant privately.
2. If you are a conditional permanent resident and you separate from your spouse because of abuse or neglect, you can apply to Citizenship and Immigration Canada to request that you be granted full permanent resident status without the two-year waiting period. You need to gather documents to prove the abuse or neglect. You should try to get help from a lawyer.
3. If you have a child, you should also obtain legal advice regarding the custody of your child. See "I just separated from the other parent of my children" in this Guide.
4. 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."
5. 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.

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.

What happens next

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.

H&C applications take a long time to process, typically between one and half and two years.

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.

It may be possible to review a negative H&C decision or a negative PRRA decision to the Federal Court of Canada.

Where to get help

See the Resource List in this Guide for a list of helpful resources. Your best bets are:

• Legal aid representation, to see if you qualify for legal aid.
• WelcomeBC Settlement Services Map to find agencies that provide services to immigrants and refugee claimants.
• The Clicklaw common question "A friend was sponsored to come to Canada but the sponsor left her. What can she do?"

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.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Rochelle Appleby, January 2013.

Legal Help for British Columbians © Cliff Thorstenson and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

In family law, the quality of an unmarried couple's relationship that demonstrates their commitment to each other, their perception of themselves as a couple, and their willingness to sacrifice individual advantages for the advantage of themselves as a couple; a legal requirement for a couple to be considered spouses under the Family Law Act without marrying. See "cohabitation," "marriage," and "spouse."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion." See also "interim application" and "relief."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."