Difference between revisions of "My Husband Sponsored Me and We Have Now Separated"

{{Legal Help Guide TOC}}If you were sponsored by your husband and the sponsorship application was approved by Citizenship and Immigration Canada and you are a permanent resident you have the right to remain in Canada. Your former spouse cannot ask Immigration to remove you from Canada. For more information see: <Sponsorship Breakdown published by the Legal Services Society>.

If you are not a permanent resident and want to remain in Canada you may either apply for refugee status or apply for permanent resident status based on humanitarian and compassionate considerations.  

#If you cannot afford to hire a lawyer on your own apply for legal aid.  See <Legal Services Society> 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> or <Law Students Legal Advice Program > or retain a lawyer or immigration consultant privately.

 

3. If you have a child you should also obtain legal advice regarding the custody of your child.  

 

4. If you fear returning to country of nationality you may want to seek legal advice about applying for refugee status. See How to make a refugee claim 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 information and advice. Your sponsorship application may be converted by Citizenship and Immigration Canada (CIC) to a an application to remain in Canada on humanitarian or compassionate grounds (H&C application) or you may have to make a new H&C application.  

1. When you complete an H&C application you must show Canada Immigration that you can become established in Canada on your own or that your removal to you 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.

 

2. H&C applications take a long time to process. Typically this is between one and half and two years.

3. 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.

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