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

Problems involving immigration usually crop up because one spouse has sponsored the other spouse into Canada, or a spouse is concerned about deportation once the relationship ends. The discussion that follows provides only an overview of some of these problems. If you have an immigration concern, you really should speak to a lawyer who practises this kind of 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 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 government notice was [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp published online].  

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, government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent residence for the sole purpose of gaining entry into Canada).

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.  

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.  

Although your spouse still has an obligation to support you as a sponsor, you will not lose your permanent resident status if you have to apply for welfare, although you will be expected to try to get support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. Speak to your caseworker or lawyer right away.

You have these responsibilities in addition to your responsibilities under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. A 2004 case of the Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566 held that a sponsor's obligations under a sponsorship agreement were obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support under those ''Acts''.