The document summarizes information about conditional permanent residence for sponsored spouses in Canada. It discusses the new law requiring a two-year conditional period, exceptions for abuse/neglect, concerns for women's safety, and resources for immigrants experiencing violence. Presenters from METRAC and a refugee lawyer provide an overview of the changes and how to protect status if a relationship ends due to abuse. Resources for women facing domestic violence or immigration issues are also listed.

1. Conditional Permanent Residence:
What a Sponsored Spouse Needs to Know
December 13, 2012
Tamar Witelson, Legal Director, METRAC
Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario
www.onefamilylaw.ca
Funded by:
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Funded by:

2. METRACMETRAC
METRAC, 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
f l th t ff t f di b k d 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.cay
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3. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Immigration and Refugee Lawyer,
Toronto, Ontario
13/12/2012 3

4. Topics to be Covered
1 Th Old S t1. The Old System
2. The New Law
3. How to Rely on the Exception for
Abuse/Neglect
4 C f W d Child4. 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
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5. Th Old SThe Old System
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6. The Old System
Spousal/Partner Sponsorship
Canadian Citizen or Permanent Resident
could apply to sponsor for permanent
residence:residence:
• a married spouse
• a common law spouse (1 year or more)a common law spouse (1 year or more)
• a conjugal (marriage like) partner
• a same-sex spouse/partnerp p
• a spouse/partner inside or outside of Canada
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7. The Old System
Spousal/Partner Sponsorship
Requirements:q
• Genuine relationship
• General admissibility of sponsored person
Approximately 16% of applications were
refusedrefused
When application was approved, sponsored
b P t R id tperson became Permanent Resident
Permanent status revocable at any time if
based on misrepresentation
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8. Th N LThe New Law
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9. The New Law
Conditional Permanent Residence
Amendment to Regulations under the Immigration and• 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 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 Applicants inside and outside Canada
• In effect as of October 25, 2012
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10. The New Law
Conditional Permanent Residence
Th diti• The condition:
Sponsored spouse/partner and sponsor must co-
habit in a conjugal (marriage-like) relationship for 2habit 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 endscondition applies and ends
(Global Case Management System – GCMS)
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11. The New Law
Conditional Permanent Residence
The consequence:• 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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
breakdownbreakdown
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12. The New Law
Conditional Permanent Residence
Th ti• The exceptions:
1. Death of sponsor
2 S Ab N l t2. Sponsor Abuses or Neglects:
• sponsored person
• child of sponsored person or sponsor• child of sponsored person or sponsor
• relative of sponsored person or sponsor who lives
in their home
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13. The New Law
Conditional Permanent Residence
Th ti• The exceptions:
3. Sponsor’s relative abuses or neglects, and
f il t t tsponsor 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
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14. The New Law
Conditional Permanent Residence
• Abuse means:• Abuse means:
Physical abuse
Sexual abuseSexual abuse
Assault
Forcible confinement
Psychological abuse
Threats and intimidation
Financial abuse, fraud, taking things by
force/threat (extortion)
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15. The New Law
Conditional Permanent Residence
N l t• Neglect means:
Failure to provide necessaries of life, such as:
F d• Food
• Clothing
• Shelter
• Medical care
• Failure to give anything that results in risk of serious
hharm
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16. The New Law
Conditional Permanent Residence
• EnforcementEnforcement
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
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17. H R l h E i fHow to Rely on the Exception for
Abuse/Neglect
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18. How to Rely on the Exception for
b lAbuse/Neglect
• Initial Request is made by calling CitizenshipInitial Request is made by calling Citizenship
and Immigration Canada Call Centre
1-888-242-2100 (toll free)1 888 242 2100 (toll free)
• Consider calling with a support personConsider calling with a support person
• Provide contact information for a confidentialProvide contact information for a confidential
call, where and when you will be safe
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19. How to Rely on the Exception for
b lAbuse/Neglect
• Must provide evidence of abuse/neglect
From sponsored person
From any other relevant evidence, such as:
Shelter or other social support person• 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 ofwith sponsor until it stopped because of
abuse/neglect13/12/2012 19

20. How to Rely on the Exception for
b lAbuse/Neglect
• Information and evidence may be provided by
 Phone, email, fax, mail
• Evidence must show abuse/neglect was the reason forg
relationship breakdown
• Must leave the relationship and home before requestingMust leave the relationship and home before requesting
the exception for abuse/neglect
• Any information of abuse to or witnessed by a child• 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

21. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Immigration and Refugee Lawyer,
Toronto, Ontario
13/12/2012 21

22. C f W dConcerns for Women and
Children
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23. Concerns for Women and Children
Common Barriers to leaving an abusive
relationship:p
• Concern about children and custody
• Fear of homelessness and poverty
C t lli t d th f il b• Controlling partners and other family members
• Attitudes of family, friends and community members
• Not knowing legal rightsNot knowing legal rights
• Not knowing about resources or how to find help
• Discrimination
• Comfort with English language and Canadian
customs
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24. 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 childrenFear of deportation for self and children
• Fear of deportation without children
• Fear of deportation of sponsored relatives
• Burden of proving abuse/neglectBurden of proving abuse/neglect
• Cost of gathering evidence, working with a lawyer
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25. Concerns for Women and Children
The new Conditional Permanent
Residence may:y
• Trap women to stay in abusive relationships for two
years or longer
Not knowing when condition appliesNot knowing when condition applies
Not knowing about the exception
Not 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
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26. Concerns for Women and Children
The new Conditional Permanent
Residence may:y
• 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

27. Concerns for Women and Children
The new Conditional Permanent
Residence may:Residence may:
• Harm children
Remaining in an abusive homeRemaining in an abusive home
Facing separation from a parent after deportation
Facing deportation as a relative of a sponsored
person
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28. Wh T D If I i iWhat To Do If Immigration
Status Is At Risk
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29. What To Do If Immigration Status Is At Risk
• Risks during Conditional Permanent
Residence
Sponsor can end relationship at any time, leading
to revocation of permanent resident status
Citizenship and Immigration Canada canCitizenship and Immigration Canada can
determine the condition of permanent residence
was not met
Request for exception for abuse/neglect could be
d i ddenied
13/12/2012 29

30. What To Do If Immigration Status Is At Risk
• If Compliance with the Condition ofIf 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

31. What To Do If Immigration Status Is At Risk
• If Inadmissibilty Report is Issuedy p
Hearing at Immigration Division of Immigration and
Refugee Board
S d h i ht t d kSponsored person has right to appear and make
submissions
Getting a lawyer to represent you is important
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32. 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

33. 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

34. 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
d hi Offi h ld id th f ll ian approved sponsorship. Officers should consider the following
factors:
• Information indicating there was abuse such as police incident reports,g p p ,
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 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.”
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35. What To Do If Immigration Status At Risk
F i D t ti d Child I l dFacing 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) groundsCompassionate (H&C) grounds
H&C applications must take into account the “best
interests of the child”
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36. What To Do If Immigration Status At Risk
Oth C id tiOther Considerations
• a person seeking sponsorship could consider:
 waiting to apply until relationship is more than 2
yearsyears
 waiting to apply until after a child of the couple isg pp y p
born
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37. Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer, Toronto,
Ontario
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38. Addi i l RAdditional Resources
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39. 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 Directory
www.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

40. Resources (Domestic Violence and Abuse)
For information, if your partner is abusive or violent:
• Legal Aid OntarioLegal 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 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: 1-866-641-8867
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41. Resources (Immigration)
Find a community legal clinic near you
www.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 PeoplesCe t e o Spa s Spea g eop es
 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

42. Resources (Immigration)
Refugee Law Office
www.legalaid.on.ca/en/getting/type_immigration.asp
 416 977 8111 416-977-8111
Refugee Lawyers Association of Ontario
www rlaontario com/www.rlaontario.com/
Canadian Council for Refugees
www.ccrweb.ca/en/homewww.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
 I f ti d ttli i O t i Information and answers on settling in Ontario
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43. Resources (Immigration)
Citizenship and Immigration Canada
www.cic.gc.ca/english/index.asp
 Call Centre Toll free: 1 888 242 2100 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 Find available immigrant and refugee serving organizations in your area
4313/12/2012

44. Resources (Family)
Assaulted Women’s Helpline www awhl orgAssaulted 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 aspLegal 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)
Famil La Information Program (FLIP)Family Law Information Program (FLIP)
www.legalaid.on.ca/en/getting/flip.asp
Family Law Information Centres (FLICs)
l l id / / tti /t f ilwww.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

45. Resources (General)
Law Society of Upper Canada Lawyer Referral Service
www.lsuc.on.ca/with.aspx?id=697
 Toll-free: 1-800-268-8326
 Toronto: 416 947 3330 Toronto: 416-947-3330
 TTY: 416-644-4886
Justice Net
www.justicenet.ca/directory/search/
 Reduced fee lawyers for low income people not eligible for Legal Aid
Toolkit for a good Client Lawyer RelationshipToolkit for a good Client-Lawyer Relationship
schliferclinic.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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