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.
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