Family violence when a woman is sponsored by a spouse or partner

This information is for front-line workers and advocates working with women who:

• have been or are being sponsored by a spouse or common-law partner for permanent resident status,
• have experienced family violence, and
• are not sure if they will have to leave Canada if they leave their spouse or common-law partner.

Immigration law in Canada is complicated. It is easy to make a serious mistake. It is important that a woman with concerns about her immigration status try to get legal help.

How can front-line workers help?

You may be able to help a woman whose status may be at risk by:

• giving her information on when and where to get legal advice
• helping her gather evidence

If a woman is not a Canadian citizen, will she be forced to leave Canada if she leaves her spouse or partner?

It depends on her immigration status here and her specific situation. A woman’s abusive spouse or common-law partner might threaten to have her deported from Canada if she reports the abuse. But a spouse or common-law partner does not have the right to have a woman deported.

Only federal immigration authorities decide whether a person should be deported from Canada. They decide this based on immigration law.

Permanent resident status

A woman with permanent resident status cannot lose that status or be forced to leave Canada only because she leaves an abusive relationship or because an abusive partner wants her deported. This is true even if her abusive partner sponsored her.

But immigration authorities may investigate if a sponsor tells them that:

• the relationship was not genuine,
• they entered the marriage or partnership mainly to get immigration status, or
• the sponsored woman lied or left out information she had to include in her application.

This could lead to the loss of her permanent resident status. A woman who is concerned about this happening should get legal advice right away.

Without permanent resident status

Many women are here without permanent status.

They may have temporary status. For example, they may be in Canada as a worker or student. Or they may have been allowed to enter Canada as visitors.

Some women are here as refugee claimants. Or, they may have no status. For example, if they stayed in Canada after their temporary status expired.

A woman who is unsure of her status or who does not have permanent resident status needs to get legal advice about her options if she wants to stay in Canada permanently.

Spousal sponsorship in process

A woman may have an application for permanent residence in process under a category called the “Spouse or Common-law Partner in Canada class”. A woman and her sponsor can apply under this category if they are living together in Canada. This is sometimes called an “inland spousal sponsorship“.

A woman being sponsored under this class may have temporary status, be here as a refugee claimant, or have no status.

Couple separates

If a woman and her sponsor separate while the application is being decided, the woman will no longer be eligible for permanent resident status under this category. Her application will be refused. She might have to leave Canada depending on her immigration status.

This also applies to a woman in Canada who is still legally married to her sponsor but is now living separately due to a breakdown in their relationship.

A woman who is being sponsored in this category must get legal advice right away if:

• her sponsor is abusing or neglecting her or her children
• she is thinking of leaving her abusive sponsor
• she has already left her abusive sponsor

She may be able to make a different application to remain in Canada.

Sponsor withdraws

A sponsor can withdraw their sponsorship at any time before the application is decided. An abusive spouse or common-law partner may withdraw the application and tell IRCC that the relationship was not genuine or that the woman being sponsored has not been completely truthful in her application.

If this happens, a woman should get legal help right away. IRCC can decide to investigate, and this can lead to her being removed from Canada. She may also not be allowed to return to Canada for 5 years.

What are a woman’s options to remain in Canada?

A woman facing abuse may be able to make another kind of application to stay in Canada.

For example, she may be able to apply for a Temporary Resident Permit (TRP) because of family violence.

Or she may be able to apply for permanent residence on humanitarian and compassionate (H&C) grounds.

But making an H&C application does not prevent her from being removed from Canada while her application is being decided. For more information, see Making a humanitarian and compassionate (H&C) application.

Depending on her situation, there may be other immigration applications that she can make to stay. Or, she might be able to temporarily extend an existing status or get back a status that recently expired. It is important to get legal advice.

Temporary Resident Permit

A woman who is in an abusive relationship may be able to apply to IRCC for a Temporary Resident Permit (TRP) for family violence. This lets her stay in Canada for at least 12 months while she decides what to do. She can also get healthcare benefits through IRCC’s Interim Federal Health Program (IFHP).

A woman can apply to IRCC for an open work permit and a study permit at the same time as she applies for this TRP.

There is no fee for either application if it is her first TRP for family violence.

If a woman has any dependent children in Canada who are not Canadian citizens or permanent residents, they may also be able to get TRPs.

To apply for a TRP for family violence, a woman must:

• be in Canada
• have applied or want to apply for permanent resident status in Canada
• have been abused by her spouse or common-law partner while in Canada
• be depending on the relationship with her spouse or common-law partner for her permanent residence application to be successful

The abuse can be physical, sexual, psychological, financial, or neglect.

Usually, if an application for permanent residence depends on a spouse or common-law partner, it means they started or promised to start a sponsorship application. For example, the spouse or common-law partner did one of the following:

• made a sponsorship application that is being processed
• said they would apply but have not yet done so
• lied by saying they applied when they had not

If a woman is not eligible for a TRP for family violence, she might be able to apply for a regular TRP.

Getting legal help

If a woman’s stay in Canada may be at risk, she should get legal advice before she does anything. And if a woman or her children are being abused or neglected by her spouse or partner who has sponsored her or promised to sponsor her, she should also get legal advice.

It is best that an immigration lawyer advise and represent a woman making any immigration application.

There may be legal issues affecting her situation that she is not aware of. For example, she may be from a country that Canada is not sending people back to because of the human rights situation there.

She may also need to speak to a family lawyer, especially if she has children. In some situations, if there is a court order under family law that deals with the children, her removal from Canada might go against the order.

A woman should also know that if she does not have immigration status in Canada and she contacts the police, the police may decide to contact immigration authorities. The police database will show if there is an immigration warrant in her name.

Here are some places where a woman can get legal information or advice:

Community legal clinics

Community legal clinics give free legal advice to people with low incomes, but not all clinics deal with immigration issues. Student legal clinics in law schools in Toronto, Kingston, London, Ottawa, Thunder Bay, and Windsor also represent and help some people.

To find a legal clinic or any Legal Aid Ontario (LAO) service, visit the LAO website or call 1-800-668-8258 Monday to Friday between 8 a.m. and 5 p.m. For TTY use Bell Relay Service 711.

Legal Aid Ontario telephone line

LAO gives general information and referrals over the phone to people of all income levels, and up to 20 minutes of free general legal advice in many languages.

LAO also has 4 regional offices with a Francophone legal advice line that gives legal information and advice in French to people living in those areas.

Legal aid certificates

LAO gives free legal aid certificates that pay for a lawyer’s services, if a person qualifies based on their income and legal issue. LAO says calls from people experiencing domestic violence get quicker service.

Refugee claims and H&C applications are some of the legal issues LAO may give a certificate for. LAO does not give certificates for temporary residence permit (TRP) applications. But some community legal clinics help people with TRP applications.

LAO’s online lawyer directory may help you find a lawyer who accepts legal aid certificates.

People who have experienced family violence may qualify for a free 2-hour session with a lawyer. This is available through LAO, and some women’s shelters and community legal clinics.

A woman who needs advice from a family lawyer and an immigration lawyer can ask for both.

Law Society Referral Service

This is an online service that gives users the name of a lawyer in their area who they can consult with for free for up to 30 minutes. They can ask for a lawyer who speaks their language, accepts legal aid certificates, or both.

There is also a phone line for people who cannot use the online service. For example, if they are in custody, in a shelter, or in a remote community without access to the internet. This line is available Monday to Friday between 9 a.m. and 5 p.m. Call 1-855-947-5255.

Barbra Schlifer Commemorative Clinic

This organization represents women who experience physical, sexual, or psychological abuse for free in family and immigration law cases.

They also offer counselling and language interpreter services. Call 416-323-9149, for TTY call 416-323-1361.

Luke’s Place

This organization provides free legal advice, support, and referrals to women across Ontario who have experienced abuse. They have a Virtual Legal Clinic that connects women with lawyers for free legal advice on family law issues. Call 1-866-516-3116.

The Ontario Legal Information Centre phone line

This service offers a free 30-minute meeting with a lawyer to get legal information over the phone or online. Book a virtual meeting online or leave a message, and a lawyer will call back. Call 1-844-343-7462.

Ontario Women’s Legal Centre

The Centre provides free summary legal information and advice in family law to Francophone women in Ontario who have experienced domestic violence. A lawyer may also review family court forms or separation agreements.

If a woman experienced sexual assault, she may be able to get additional summary advice in immigration, housing, or criminal law.

Fill out an intake form to get legal help. Or call 1-833-632-0838.

Other community resources

Assaulted Women’s Helpline

The Helpline provides crisis counselling and referrals to shelters, transitional housing, legal advice, and other services 24 hours a day, 7 days a week, for women across Ontario. It is free and available in over 100 languages, including 17 Indigenous languages.

Call 1-866-863-0511. Or call #SAFE (#7233) on a Bell, Rogers, Fido, or Telus cellphone. For TTY use 1-866-863-7868.

Fem’aide

This is a helpline for Francophone women in Ontario seeking support, referrals, and information on woman abuse, including sexual assault. It is available 24 hours a day, 7 days a week. You can chat online with a counsellor. Or call or text 1-877-336-2433. For TTY use 1-866-860-7082.

211 Ontario

This website is an online resource to help people find community and social services available across Ontario. The 211 resource includes a telephone referral service for all types of social services. It is available 24 hours a day, every day of the year, in more than 150 languages. Call 211.

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November 2024