Your partner is sponsoring you, or your permit depends on theirs. They have told you that if you leave, you will be deported. They may have taken your documents. Many people stay in abusive relationships because they believe their status leaves them no choice. In many cases, there are options, and your partner does not control them.
If you are in immediate danger, call 911. In Ontario, the Assaulted Women’s Helpline is available 24 hours a day at 1-866-863-0511.
If you are already a permanent resident
If you already have permanent residence, your status is yours. Leaving your sponsor does not take it away. Canada abolished conditional permanent residence for sponsored spouses in 2017, so there is no requirement to stay with your sponsor for any period.
Your sponsor also cannot cancel your permanent residence. Threats to do so are a form of control, not a legal reality.
If your sponsorship is in process and you have no status
If you are in Canada, your permanent residence application depends on an abusive spouse or partner, and you do not have valid status of your own, you may qualify for a fee-exempt temporary resident permit for victims of family violence. It gives you:
- legal status in Canada for a period of time
- access to a fee-exempt open work permit or a study permit
- health coverage through the Interim Federal Health Program
Your dependent children in Canada without status may also qualify.
Family violence is not only physical. It includes sexual, psychological and financial abuse, threats, isolation and control, such as taking your passport or money. You do not need a police report or criminal charges. IRCC accepts other evidence, such as statements from shelters, counsellors, doctors or friends.
You must be in Canada to apply. Leaving the country ends eligibility.
If you have your own temporary status
If you are here on your own visitor record, work permit or study permit, the family violence TRP is generally not available because you already have status. That does not mean you are stuck:
- Your current status continues until its expiry date, even if you leave the relationship.
- You may be able to apply for your own work or study permit, extend your stay, or restore status if it has lapsed. Our post on restoration of status explains the 90-day window.
- Permanent residence on humanitarian and compassionate grounds may be available, and IRCC can expedite H&C applications in urgent family violence situations.
If the sponsor withdraws the sponsorship
A sponsor can withdraw a sponsorship before a decision is made. If that happens, an H&C application is often the main route forward. The abuse, your establishment in Canada, and the best interests of any children are all relevant. Our post on H&C applications explains how those factors are assessed.
If you fear returning to your home country
If you would face serious harm in your home country, for example because of your partner’s family, the risk faced by divorced or separated women, or honour-based violence, a refugee claim may be available. That is a separate process with its own deadlines and eligibility rules.
How we can help
At Kabir & Alam, we help people leave abusive relationships without losing their path to status, including family violence TRPs, H&C applications and refugee claims. Our consultations are confidential. Read more about our family reunification and H&C work, or book a consultation with us.
This post is general information about Canadian immigration law and is not legal advice. Every case turns on its own facts. Speak with a lawyer about your situation before making decisions.