Establishment in Canada
Being established or settled in Canada can support an application. Examples that show an applicant is established include:
- how long they have lived in Canada and why they have been living here
- their work history in Canada as well as their volunteer or community work here
- their level of education, skills, and training
- if they can speak English or French
- if they have children born in Canada
- the community they have in Canada including family members and friends who are willing and able to help them, or who they help
- assets or savings they have in Canada
It might be difficult for a woman to show how settled she is in Canada if her abuser did not let her stay in contact with her community and friends. Or did not allow her to work or go to school.
In that case, it is important that a woman explain how the abuse prevented her from establishing herself in Canada more. She can include as evidence, social science studies that show that her experience is common in cases of abuse.
IRCC may see a woman who got or is on income assistance as not being settled or established in Canada. For example, she may be on Ontario Works (OW) or the Ontario Disability Support Program (ODSP).
So, it is important that a woman who got income assistance explain why she needed it.
For example, she might explain that she needed help to leave an abusive relationship. Or, that her abusive former partner was not paying child support. Or, that she was not eligible for a work permit, but if her H&C application was approved, she could apply for one and start working.
And, if a woman is on income assistance, she may need to ask that she be excused from the condition to support herself financially at the second stage of processing.
IRCC guidelines say that immigration officers at the second stage of processing must consider that women may need to rely on income assistance because of the family violence they have experienced.
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