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Transcript of Www.onefamilylaw.ca Conditional Permanent Residence: What a Sponsored Spouse Needs to Know December...
www.onefamilylaw.ca
Conditional Permanent Residence:What a Sponsored Spouse Needs to
KnowDecember 13, 2012
13/12/2012 1
Tamar Witelson, Legal Director, METRACRaoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario
Funded by:
METRACMETRAC, the Metropolitan Action Committee on Violence Against Women and
Children works to end violence against women, youth and children a not-for-profit, community-based organization
www.metrac.org
METRAC’s Community Justice Program provides accessible legal information and education for women and service
providers focuses on law that affects women, from diverse backgrounds, especially
those experiencing violence or abuse
FLEW, Family Law Education for Women in Ontario provides information on women’s rights and options under Ontario family law in 14 languages, accessible formats, online and in print
www.onefamilylaw.ca
13/12/2012 2
Presenters
Tamar WitelsonLegal Director, METRAC
13/12/2012 3
Raoul BoulakiaImmigration and Refugee Lawyer,
Toronto, Ontario
Topics to be Covered
1. The Old System
2. The New Law
3. How to Rely on the Exception for Abuse/Neglect
4. Concerns for Women and Children
5. What To Do If Immigration Status Is At Risk
6. Additional Resources
Information is accurate as of December 13, 2012
13/12/2012 4
The Old System
13/12/2012 5
The Old System
Spousal/Partner SponsorshipCanadian Citizen or Permanent Resident
could apply to sponsor for permanent residence:
• a married spouse • a common law spouse (1 year or more)• a conjugal (marriage like) partner• a same-sex spouse/partner• a spouse/partner inside or outside of Canada
13/12/2012 6
The Old SystemSpousal/Partner Sponsorship
Requirements:• Genuine relationship• General admissibility of sponsored person
Approximately 16% of applications were refused
When application was approved, sponsored person became Permanent Resident
Permanent status revocable at any time if based on misrepresentation
13/12/2012 7
The New Law
13/12/2012 8
The New Law Conditional Permanent Residence• Amendment to Regulations under the Immigration and
Refugee Protection Act
• Applies to: Sponsored spouse/partner Married or conjugal relationship with sponsor for 2 years or less
at time of application for permanent residence The couple has no children together at the time of application Applicants inside and outside Canada
• In effect as of October 25, 2012
13/12/2012 9
The New Law Conditional Permanent Residence• The condition:
Sponsored spouse/partner and sponsor must co-habit in a conjugal (marriage-like) relationship for 2 continuous years after conditional permanent residence is granted
Children born after the application do not change the condition
Government computer system will record when condition applies and ends
(Global Case Management System – GCMS)13/12/2012 10
The New Law Conditional Permanent Residence
• The consequence: If the spouse/partner leaves the relationship within 2
years, her permanent residence may be revoked, and
She may be deported, and
Any family member who became a permanent resident based on accompanying or being sponsored by the sponsored spouse may also have permanent residence revoked and be deported
Sponsor remains financially responsible for sponsorship period, even after relationship breakdown13/12/2012 11
The New Law Conditional Permanent Residence• The exceptions:
1. Death of sponsor
2. Sponsor Abuses or Neglects: • sponsored person• child of sponsored person or sponsor• relative of sponsored person or sponsor who lives
in their home
13/12/2012 12
The New Law Conditional Permanent Residence• The exceptions:
3. Sponsor’s relative abuses or neglects, and sponsor fails to protect:• The sponsored person
• A child of the sponsored person or sponsor
• A relative of the sponsored person or sponsor who lives in their home
13/12/2012 13
The New Law Conditional Permanent Residence• Abuse means:
Physical abuseSexual abuseAssaultForcible confinementPsychological abuseThreats and intimidationFinancial abuse, fraud, taking things by
force/threat (extortion)
13/12/2012 14
The New Law Conditional Permanent Residence• Neglect means:
Failure to provide necessaries of life, such as:• Food• Clothing • Shelter• Medical care• Failure to give anything that results in risk of serious
harm
13/12/2012 15
The New Law Conditional Permanent Residence• Enforcement
Citizenship and Immigration Canada (CIC):• May do random assessments of couples
• May investigate tips, complaints, anonymous reports
• May require proof that the sponsor and sponsored person are complying with the 2 year condition
• CIC Operational Bulletin 480 – Conditional
Permanent Residence
13/12/2012 16
How to Rely on the Exception for
Abuse/Neglect
13/12/2012 17
How to Rely on the Exception for Abuse/Neglect
• Initial Request is made by calling Citizenship and Immigration Canada Call Centre
1-888-242-2100 (toll free)
• Consider calling with a support person
• Provide contact information for a confidential call, where and when you will be safe
13/12/2012 18
How to Rely on the Exception for Abuse/Neglect
• Must provide evidence of abuse/neglectFrom sponsored personFrom any other relevant evidence, such as:
• Shelter or other social support person• Police report• Medical report• Court documents• Photographs, emails, voicemail• witness
• Must provide evidence of conjugal cohabitation with sponsor until it stopped because of abuse/neglect
13/12/2012 19
How to Rely on the Exception for Abuse/Neglect
• Information and evidence may be provided by Phone, email, fax, mail
• Evidence must show abuse/neglect was the reason for relationship breakdown
• Must leave the relationship and home before requesting the exception for abuse/neglect
• Any information of abuse to, or witnessed by a child may be reported by CIC to child protection authorities or police, with or without the mother’s consent
13/12/2012 20
Presenters
Tamar WitelsonLegal Director, METRAC
13/12/2012 21
Raoul BoulakiaImmigration and Refugee Lawyer,
Toronto, Ontario
Concerns for Women and Children
13/12/2012 22
Concerns for Women and Children
Common Barriers to leaving an abusive relationship:• Concern about children and custody• Fear of homelessness and poverty• Controlling partners and other family members • Attitudes of family, friends and community members• Not knowing legal rights• Not knowing about resources or how to find help • Discrimination• Comfort with English language and Canadian
customs
13/12/2012 23
Concerns for Women and Children
More Barriers to Leaving Abuse for Conditional Permanent Residents:
• Not knowing immigration law and personal rights
• Fear of deportation for self and children
• Fear of deportation without children
• Fear of deportation of sponsored relatives
• Burden of proving abuse/neglect
• Cost of gathering evidence, working with a lawyer
13/12/2012 24
Concerns for Women and Children
The new Conditional Permanent Residence may:• Trap women to stay in abusive relationships for two
years or longerNot knowing when condition appliesNot knowing about the exceptionNot knowing when the condition ends
• Give sponsor power to threaten deportation for two years or more
• Give family, friends and community members power to threaten reporting that could lead to deportation
13/12/2012 25
Concerns for Women and Children
The new Conditional Permanent Residence may:
• Create conditions of unfair demands and forced behaviour
• Create conditions of fear, helplessness, guilt
• Force couples to stay together despite genuine, agreed relationship breakdown
• Perpetuate the stigma and stereotype of “dishonest” immigrants
13/12/2012 26
Concerns for Women and Children
The new Conditional Permanent Residence may:• Harm children
Remaining in an abusive home
Facing separation from a parent after deportation
Facing deportation as a relative of a sponsored person
13/12/2012 27
What To Do If Immigration Status Is At
Risk
13/12/2012 28
What To Do If Immigration Status Is At Risk
• Risks during Conditional Permanent ResidenceSponsor can end relationship at any time, leading
to revocation of permanent resident status
Citizenship and Immigration Canada can determine the condition of permanent residence was not met
Request for exception for abuse/neglect could be denied
13/12/2012 29
What To Do If Immigration Status Is At Risk
• If Compliance with the Condition of Permanent Residence is Questioned
CIC investigates
Submissions may be made
CIC may write an inadmissibility report
13/12/2012 30
What To Do If Immigration Status Is At Risk
• If Inadmissibilty Report is Issued
Hearing at Immigration Division of Immigration and Refugee Board
Sponsored person has right to appear and make submissions
Getting a lawyer to represent you is important
13/12/2012 31
What To Do If Immigration Status Is At Risk
• If Deportation is Ordered Sponsored person has right to appeal to Immigration Appeal
Division of the Immigration and Refugee Board
May include Humanitarian and Compassionate grounds in appeal
If sponsored person loses appeal, may ask Federal Court to judicially review the decision
Getting a lawyer to represent you is important
13/12/2012 32
What To Do If Immigration Status Is At Risk
• If Deportation is Ordered, Sponsored Person may also:
Apply for Permanent Residence based on Humanitarian and Compassionate (H&C) grounds
Consider getting legal advice about a possible Refugee Claim, if she believes she is at risk of persecution in her home country
Cannot make H&C application at same time as a Refugee Claim
13/12/2012 33
What To Do If Immigration Status At Risk
Humanitarian and Compassionate Applications
Citizenship and Immigration Canada: Inland Processing Manual 5:“Officers should be sensitive where the spouse (or other family member) … leaves an abusive situation and, as a result, does not have an approved sponsorship. Officers should consider the following factors:
• Information indicating there was abuse such as police incident reports, charges or conviction, reports from shelters for abused women, medical reports, etc.;
• Whether there is a degree of establishment in Canada;• The hardship that would result if the applicant had to leave Canada;• The laws, customs and culture in the applicant’s country of origin;• The support of relatives and friends in the applicant’s home country; and • Whether the applicant has children in Canada or/and is pregnant.”
13/12/2012 34
What To Do If Immigration Status At Risk
Facing Deportation and Child Involved• A Canadian-born child cannot be deported
Mother/significant adult can make an application for permanent residence, on Humanitarian and Compassionate (H&C) grounds
H&C applications must take into account the “best interests of the child”
13/12/2012 35
What To Do If Immigration Status At Risk
Other Considerations• a person seeking sponsorship could consider:
waiting to apply until relationship is more than 2 years
waiting to apply until after a child of the couple is born
13/12/2012 36
Presenters
Tamar WitelsonLegal Director, METRAC
13/12/2012 37
Raoul BoulakiaRefugee and Immigration Lawyer, Toronto,
Ontario
Additional Resources
13/12/2012 38
Resources (Domestic Violence and Abuse)For information, if your partner is abusive or violent:
• Assaulted Women’s Helpline www.awhl.org 24 hours/7 days; multiple languages Toll-free: 1-866-863-0511;TTY: 1-866-863-7868
• Victim Services Directorywww.justice.gc.ca/eng/pi/pcvi-cpcv/vsd-rsv/index.html
• Abuse is Wrong in Any Language (available in 16 languages and Braille)www.justice.gc.ca/eng/pi/fv-vf/plei-vij/index.html
• FLEW (Family Law Education for Women) Resources page www.onefamilylaw.ca/en/resources/
• FODF (Femmes Ontariennes et Droit de la Familles)www.undroitdefamille.ca/
13/12/2012 39
Resources (Domestic Violence and Abuse)For information, if your partner is abusive or violent:
• Legal Aid Ontario www.legalaid.on.ca/en/getting/type_domesticviolence.asp Available to every immigration status
Free telephone interpretation services for languages other than English and French
Toll-free: 1-800-668-8258; TTY: 1-866-641-8867
• Family Violence Authorization Program (Legal Aid Ontario) Free 2-hour emergency meeting with a lawyer
Offered through some shelters and community legal clinics
Toll-free: 1-800-668-8258; TTY: 1-866-641-886713/12/2012 40
Resources (Immigration)Find a community legal clinic near youwww.legalaid.on.ca/en/contact/contact.asp?type=cl
Community & Specialty Legal Clinics www.legalaid.on.ca/en/contact/contact.asp?type=cl Centre for Spanish Speaking Peoples Metro Toronto Chinese and Southeast Asian Legal Clinic Refugee and Immigrants Information Centre Toronto South Asian Legal Clinic of Ontario
FCJ Refugee Centre www.fcjrefugeecentre.org/ 416-469-9754
Canadian Association of Refugee Lawyers
www.refugeelawyersgroup.ca/
4113/12/2012
Resources (Immigration)
Refugee Law Office www.legalaid.on.ca/en/getting/type_immigration.asp 416-977-8111
Refugee Lawyers Association of Ontario www.rlaontario.com/
Canadian Council for Refugeeswww.ccrweb.ca/en/home 514-277-7223 Directory of immigrant and refugee serving organizations in your area
www.ccrweb.ca/en/links
Settlement.org www.settlement.org/index.asp Information and answers on settling in Ontario
4213/12/2012
Resources (Immigration)
Citizenship and Immigration Canada www.cic.gc.ca/english/index.asp Call Centre Toll-free: 1-888-242‑2100 TTY: 1-888-576‑8502 More Contacts: www.cic.gc.ca/english/contacts/index.asp
Ministry of Citizenship and Immigration (Ontario) www.citizenship.gov.on.ca/ Find information about citizenship and immigration in Ontario General Inquiry: (416) 327-2422 Toll-free: 1-800-267-7329 TTY: 1-800-555-5559
211 Canada.ca www.211canada.ca/ Find available immigrant and refugee serving organizations in your area
4313/12/2012
Resources (Family) Assaulted Women’s Helpline www.awhl.org Toll-free: 1-866-863-0511; TTY: 1.866.863.7868 Toronto: 416-863-0511
Legal Aid Ontario www.legalaid.on.ca/en/getting/default.asp Toll-free: 1-800-668-8258; TTY: 1-866-641-8867 Toronto: 416-979-1446 (accepts collect calls)
Family Law Information Program (FLIP) www.legalaid.on.ca/en/getting/flip.asp
Family Law Information Centres (FLICs)
www.legalaid.on.ca/en/getting/type_family.asp
Family Law Services Centres (FLSCs)www.legalaid.on.ca/en/contact/contact.asp?type=flsc
Ontario Women’s Justice Network (OWJN) www.owjn.org
FLEW (Family Law Education for Women) www.onefamilylaw.ca/en/resources/
FODF (Femmes Ontariennes et Droit de la Familles) www.undroitdefamille.ca/
4413/12/2012
Resources (General)Law Society of Upper Canada Lawyer Referral Servicewww.lsuc.on.ca/with.aspx?id=697 Toll-free: 1-800-268-8326 Toronto: 416-947-3330 TTY: 416-644-4886
Justice Netwww.justicenet.ca/directory/search/ Reduced fee lawyers for low income people not eligible for Legal Aid
Toolkit for a good Client-Lawyer Relationshipschliferclinic.com/vars/legal/pblo/toolkit.htm Barbra Schlifer Commemorative Clinic
Ministry of the Attorney General www.attorneygeneral.jus.gov.on.ca/english/ Toll free: 1-800-518-7901 TTY: 1-877-425-0575
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