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Difference between revisions of "My Husband Sponsored Me and We Have Now Separated"
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My Husband Sponsored Me and We Have Now Separated (view source)
Revision as of 22:33, 20 March 2014
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{{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. | {{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. 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, you | 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 | 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. | |||
If you are not a permanent resident and want to remain in Canada, you may either: | If you are not a permanent resident and want to remain in Canada, you may either: | ||
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#*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 YWCA Single Mothers Without Legal Status In Canada Project]. | #*Another option to consider is contacting the [http://www.ywcavan.org/content/Mothers_Without_Legal_Status_Project/702 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. | #*Other options for getting legal help include contacting the [[Law Students' Legal Advice Program]] or retaining a lawyer or immigration consultant privately. | ||
#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. | |||
#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 |I just separated from the other parent of my children]]" in this Guide. | #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 |I just separated from the other parent of my children]]" in this Guide. | ||
#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 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]]." | ||