Will I be forced to leave Canada if I leave my partner?
Your partner might threaten to have you deported from Canada if you report their abuse or if you leave them. Deported from Canada means being forced to leave the country.
Important: Your partner does not have the right to have you deported. Only federal immigration authorities can decide to deport someone. They do this based on immigration law.
Your risk of being forced to leave Canada depends on your immigration status.
Important: A person without immigration status experiencing family violence may be able to get a Temporary Resident Permit (TRP) from Immigration, Refugees and Citizenship Canada.
The TRP allows a person to live in Canada for at least 12 months while they decide what to do next. The TRP also allows a person to get trauma counselling and health care benefits during that time. A person can apply for a work permit at the same time as they apply for the TRP. There is no fee for either permit.
Canadian citizen
If you are a Canadian citizen, you cannot be forced to leave Canada only because you leave your partner.
Permanent resident
If you are a permanent resident, you cannot lose that status or be forced to leave Canada only because you leave an abusive relationship. This is true even if your abusive partner was your sponsor.
But immigration authorities might investigate if your sponsor tells them that:
- your relationship was not genuine, or
- you got married or were in a relationship mainly to get immigration status, or
- you left out required information, or you included information that was not true in your application.
This could lead to the loss of your permanent resident status. If you are concerned about this happening, you should talk to an immigration lawyer right away. See General legal services.
Without permanent resident status
You might be in Canada without permanent resident status. You might have temporary status, like a work, study, or visitor permit. Or you might be a refugee claimant. Or maybe you stayed in Canada after your temporary status ended, and you have no status.
If you have temporary status or no status, you should talk to an immigration lawyer about your options if you want to stay in Canada temporarily or permanently. See General legal services.
If you do not know what your status is, you may need legal help to find out.
Spousal sponsorship in process
Your partner may have sponsored you for permanent residence under the “Spouse or common-law partner in Canada” class. A person and their sponsor can apply under this category if they are living together in Canada. This is also called “inland spousal sponsorship”.
If you have a sponsorship application in process, you could be here with temporary status, as a refugee claimant, or with no status.
Couple separates
If you and your sponsor separate while the application is being processed, you are not eligible for permanent resident status under this category. Your application will be refused and you may have to leave Canada if you do not have any other status.
This applies even if you are legally married to your sponsor, but you start living separate and apart due to a breakdown in your relationship.
Sponsor withdraws
If your partner withdraws their sponsorship while your application is being processed, you cannot get permanent resident status under this class. Your application will be refused and you may have to leave Canada if you do not have any other status.
Options to remain in Canada
The steps you can take to try to stay in Canada depend on your immigration status.
You might be able to apply to stay in Canada permanently by applying for permanent resident status on humanitarian and compassionate (H&C) grounds. But making an H&C application does not stop you from being removed from Canada while the application is being processed.
You may be able to get temporary status by applying for a Temporary Resident Permit and work permit because of family violence.
Or you may have other options. Talk to an immigration lawyer as soon as you can. See General legal services.
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