© Copyright Heather Neufeld and Jean Lash 2010. This work is the intellectual property of the author. Permissions granted for this material to be shared for non-commercial, educational purposes, provided that this copyright statement appears on the reproduced materials and notice is given that the copying is by permission of the author. To disseminate otherwise or to republish requires written permission from the author.

OCASI Spring 2010 Professional Development Conference

Sponsorship Breakdown and Domestic Violence

How to help prevent deportation

Heather Neufeld Jean Lash

A Scenario

Sahra is being deported even though:

• She is married to a Canadian man

• She is pregnant with her second child

• She is working

What’s Wrong

• Sahra’s husband never sponsored her

• Sahra is abused and scared

• Sahra is afraid to talk to you about the abuse

OVERSEAS SPONSORSHIPS

VS.

INLAND SPOUSAL SPONSORSHIPS

Overseas Sponsorship

• Sponsor is in Canada and the sponsored person is living abroad

• Application is sent to CIC Mississauga

• Application is processed at a Canadian Embassy

• The sponsored person has Permanent Resident status when she arrives in Canada; and ……

…. If the woman is being abused by her sponsor

• She can leave the sponsor

• She can go on social assistance

• She can keep the Canadian Child Tax Benefit, and

HER ABUSER

CANNOT

HAVE HER DEPORTED

Inland Spousal Sponsorship

• Both sponsor and the abused woman are in Canada

• The application is sent to CPC, Vegreville, Alberta

• First Stage Approval takes 6-7 months:

– Sponsor is approved to sponsor – Sponsored person gets OHIP and work or

study permit

• Her abuser can withdraw the sponsorship at any time before she becomes a permanent resident

• The sponsorship application could be refused if he is convicted of abusing her

THIS MEANS

SHE COULD BE

DEPORTED

…. If the woman is being abused by her sponsor

Isabel’s scenario

Discussion of the barriers to leaving an abusive sponsor

What is at stake if Isabel leaves?

• Marriage and sponsorship

• Custody of the children

• Eligibility for all child tax benefits

AND …

RISK OF DEPORTATION

What can she do?

• Apply for permanent residence on her own

• The Humanitarian and Compassionate Application

• What is it and how does it work?

The Humanitarian and Compassionate Application

• A request to be allowed to apply for permanent residence without leaving Canada

• A two step process:

1. Send the application to CPC, Vegreville, Alberta

2. Pay a processing fee of $550 for every family member over 18 years of age and $150 for younger children

What does she have to prove?

• She will suffer hardship that is “undue, undeserved or disproportionate” if she has to apply for permanent residence from outside Canada

• She is “established” in Canada

• She needs to stay for the “best interests of the child”

Rose’s Scenario

• A criminal conviction could kill Rose’s chance of staying in Canada:

– She could be “inadmissible”

What is your role?

Initial interview

• If your client has not left her abuser:

– Assess your client’s safety– Safety plan handout– Tell her what she needs to know if she

wants to take the children with her

… Initial interview continued

What legal issues is Rose facing?

1. Custody issues (Family law)

2. Child Tax Benefits (CRA)

3. Assault charges (Criminal law and child protection law)

4. Risk of deportation (Immigration Law)

Helping your client get legal help

• Legal Clinics

– Who they can help – What they can and cannot do

• Legal Aid Certificates

– New process

• What happens if your client doesn’t have access to an immigration lawyer?

Help your client tell her story

• Get the details

• Interpretation

• Help your client tell her story to the lawyer

Help your client fill out the forms

• Application for permanent residence

– What to look out for• Question 17: Activities for the past 10 years• Question 18: Places where she has lived for

the past 10 years

• Supplementary Information

– What to look out for• Questions 7 – 13

Help your client fill out the forms

• Application for permanent residence

– What to look out for• Question 17:

Activities for the past 10 years

• Question 18: Places where she has lived for the past 10 years

• Supplementary Information

– What to look out for• Questions 7 – 13

Help your client get evidence

• To prove the abuse took place

• To show how the children will be affected if your client is deported

…continued

• To get evidence about hardship in her home country

• To show how your client has become established in the community

But what if she isn’t established?

• Financial inadmissibility:

– She is on social assistance

• Criminal inadmissibility:

– She could or has been convicted of a crime

• Medical inadmissibility:

– She has an physical or mental illness that will cost the government money

• Become a “designated individual”:

– Fill out the Authority to Release Information to a designated individual

– Not the same as being the designated representative

© Copyright Heather Neufeld and Jean Lash 2010. This work is the intellectual property of the author. Permissions granted for this material to be shared for non-commercial, educational purposes, provided that this copyright statement appears on the reproduced materials and notice is given that the copying is by permission of the author. To disseminate otherwise or to republish requires written permission from the author.

Heather Neufeld and Jean LashBarristers and Solicitors, abogadas, avocates

South Ottawa Community Legal ServicesServices juridiques d'Ottawa sudServicios legales de Ottawa sud

406-1355 Bank StreetOttawa, ON, K1Y 8K7Phone: 613-733-0140

Fax: 613-733-0401Email: neufeldh@lao.on.ca

lashj@lao.on.ca