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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.

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