Immigration, Women, and Children: Part II – Sample Situations

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www.yourlegalrights.on.ca
Your Legal Rights is a project of CLEO and funded by the Law Foundation of Ontario.

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The content of this webinar is based on law or
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About our presenter…
Tamar Witelson is the Legal Director at
METRAC. Her background includes practice in
labour and human rights law, and in Constitutional g ,
law for the Ontario Ministry of the Attorney
General. She was also counsel at the Human
Rights Tribunal of Ontario, and before joining g , j g
METRAC was staff lawyer at the Women’s Legal
Education and Action Fund (LEAF), running an
equality rights law and information website.equality rights law and information website.

Immigration, Women and Children
Part 2: Specific Situations
April 12, 2012
f il l
Tamar Witelson, Legal Director, METRAC
Raoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario
www.onefamilylaw.ca
15/05/2012 4

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
15/05/2012 5

Presenters
Tamar Witelson
Legal Director, METRAC
Raoul Boulakia
Refugee and Immigration Lawyer,
Toronto, Ontario
15/05/2012 6

Immigration, Women and Children
Opening RemarksOpening Remarks
Barriers to leaving an abusive relationship: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 legal rights
 Fear of the legal system
 Not knowing about resources or how to find helpg p
 Discrimination
 Immigration status or lack of status
15/05/2012 7

Topics to be Covered
1. Introduction
 Domestic Violence and Abuse
 Non-citizens’ Rights in Family Court
2. Relationship Breakdown: Sponsored Permanent Residents
3. Sponsorship Breakdown: When Children are Involved
4. Sponsorship Breakdown: Women Who Sponsor a Partner
5. Immigration Consequences of a Criminal Conviction
6. Relationship Breakdown: Refugee Claimants
7. Travelling with Children
 Custody
 Abduction
8. Additional Resources
Information is accurate as of April 12, 2012
15/05/2012 8

I d iIntroduction:
Domestic Violence and Abuse
15/05/2012 9

Assess safety:Assess safety:
 make a safety plan
 ensure she and her children are safe
Abuse can be:
h i l i l physical violence
 threats of harm
 treatment that causes emotional or psychological suffering
In most emergencies, call 911
15/05/2012 10

For information, if your partner is abusive or violent:
Assaulted Women’s Helpline http://www.awhl.org/
 24 hours/7 days; multiple languages
 Toll-free: 1-866-863-0511; TTY: 1-866-863-7868
Legal Aid Ontario http://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 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 Offered through some shelters and community legal clinics
 Toll-free: 1-800-668-8258; TTY: 1-866-641-8867
FLEW (Family Law Education for Women) Resources page
http://www onefamilylaw ca/en/resources/http://www.onefamilylaw.ca/en/resources/
15/05/2012 11

I d iIntroduction:
Rights in Family Courtg y
15/05/2012 12

Rights in Family Court
Example:Example:
 Naseem and her husband are permanent residents, but
her 3 children were born in Canada and are citizens.
 She and her husband have been having relationship
difficulties for awhile now, and recently he told her he is
returning to his home country and leaving her and thereturning to his home country and leaving her and the
kids. She does not currently have a job. She wants to
make sure she gets custody of the children and support
f th d f h lffor them and for herself.
15/05/2012 13

Rights in Family Court
 Every immigration status can go to Family Court
(f ) Possible Family Law Issues (for Naseem)
 divorce/separation
 child custodyy
 child support
 spousal support
Ri k f t t Risk for non-status persons
15/05/2012 14

R l i hi B kdRelationship Breakdown:
Sponsored Permanentp
Residents
15/05/2012 15

Relationship Breakdown:
d dSponsored Permanent Residents
Example:
 Zina is living in Canada and she is in a common law
l ti hi ith C di itirelationship with a Canadian citizen.
 Her partner sponsored her and she is a permanent
resident. He has always been controlling and jealous,y g j ,
but their problems are getting worse and she can’t take
his abuse anymore.
H ’ th t i t h t h d h h d t d if h He’s threatening to hurt her and have her deported if she
leaves him.
15/05/2012 16

Leaving an Abusive Sponsor
 If Permanent Residence has been granted:If Permanent Residence has been granted:
Permanent Resident status is not affected
Sponsor cannot withdrawp
Government cannot remove her from Canada just
because she leaves her sponsor
15/05/2012 17

Leaving an Abusive Sponsor
 How she can get financial support: How she can get financial support:
Sponsor’s obligations
Social AssistanceSocial Assistance
Look for Work
15/05/2012 18

Example:
relationship with a Canadian citizenrelationship with a Canadian citizen.
 Her partner has sponsored her but the process is not
complete, and she does not have legal immigrationp , g g
status here. She can’t take his abuse anymore and
wants to leave.
 He’s threatening to hurt her and have her deported if she He s threatening to hurt her and have her deported if she
leaves him.
15/05/2012 19

L i Ab i SLeaving an Abusive Sponsor
 If Permanent Resident application in process/no
status:status:
 Sponsor can withdraw
 Risk of being deported Risk of being deported
 Options:
f Application for Permanent Residence based on
Humanitarian and Compassionate (H&C) grounds
 get legal advice about a possible refugee claim get legal advice about a possible refugee claim
15/05/2012 20

S d P t R id tSponsored Permanent Residents
Citizenship and Immigration Canada: Inland Processing Manual 5:
“Officers should be sensitive where the spouse (or other family
member) of a Canadian citizen or permanent resident leaves an
abusive situation and, as a result, does not have an approved
sponsorship Officers should consider the following factors: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 relative and friends in the applicant’s home country; and
 Whether the applicant has children in Canada or/and is pregnant.”
15/05/2012 21

S hi B kdSponsorship Breakdown:
when Children are Involved
15/05/2012 22

Sponsorship Breakdown:
h h ld l dwhen Children are Involved
Example:Example:
relationship with a Canadian citizenrelationship with a Canadian citizen.
 They have a child together who was born in Canada.
Her partner has sponsored her but the process is not
complete and she does not have legal status here. She
is scared for herself and her child, and wants to leave.
 He’s threatening to have her deported if she leaves himHe s threatening to have her deported if she leaves him.
15/05/2012 23

L i Ab i R l ti hi ithLeaving an Abusive Relationship with a
Child
If P t R id li ti i i If Permanent Residence application is in process:
 he can withdraw sponsorship; she can be deported
 a Canadian born child cannot be deported a Canadian-born child cannot be deported
 she can make an application to stay, on
Humanitarian and Compassionate (H&C) grounds
 H&C applications must take into account the “best
interests of the child”
15/05/2012 24

Best Interests of the Child Factors:Best Interests of the Child Factors:
 Child’s physical, emotional, social and cultural
welfare
 Child’s age
 Dependency between child and H&C applicant
 Child’s establishment in Canada
 Child’s medical or special needs
Child’ d ti (i / t f C d ) Child’s education (in/out of Canada)
 Child’s gender (if relevant in another country)
15/05/2012 25

when Children are Involvedwhen Children are Involved
Best Interests of the Child Considerations:
 Immigration officials should consider ALL children
affected by H&C application
 Can’t assume young children will adapt to changeCan t assume young children will adapt to change
 Can’t avoid the issue as the parent’s decision to take or
leave child in Canada
 Medical or community supports to support parenting of Medical or community supports to support parenting of
child should be considered
15/05/2012 26

S hi B kdSponsorship Breakdown:
Women Who Sponsor ap
Partner
15/05/2012 27

hWomen Who Sponsor a Partner
E lExample:
Zina has sponsored her partner, he is abusing her,
d h t t land she wants to leave
 she can leave the relationship
 if his application is in process, she can withdraw asif his application is in process, she can withdraw as
sponsor
 if his permanent residence is granted, she must fulfill the
sponsor’s obligationssponsor s obligations
 if he goes on social assistance, it is likely she will have to
repay the government
15/05/2012 28

I i i CImmigration Consequences
of a Criminal Conviction
15/05/2012 29

Immigration Consequences of a Criminal
Conviction
Example:Example:
 Tanya and her boyfriend have been together for many
years. Their relationship has always been difficult and at
ti i l t Th l t ti th d th i hbtimes violent. The last time they argued, the neighbours
called the police and Tanya ended up in the hospital.
Th li h h d h b f i d ith lt The police have charged her boyfriend with assault
even though Tanya didn’t want them to. Tanya’s
boyfriend is a permanent resident. He has sponsored
h b t h i till iti t b ther, but she is still waiting to become a permanent
resident.
15/05/2012 30

Conviction
C f No risk to Canadian citizens, regardless of
country of origin
Unless citizenship based on fraudUnless citizenship based on fraud
 Permanent Residents Permanent Residents
Can be deported if convicted of “serious” crime
15/05/2012 31

Conviction
When police get involved:When police get involved:
 police may check status
 if she has no status, police may inform immigration
If sponsor is convicted and deported:
 and her sponsorship is incomplete her application is and her sponsorship is incomplete, her application is
at risk
15/05/2012 32

Conviction
Example:Example:
The police have charged Tanya’s boyfriend with
assault. They are both permanent residents.y p
 Permanent Residents:
Are not at risk if their partner is deportedAre not at risk if their partner is deported
If police lay dual charges, immigration status may be
at risk from a criminal conviction
If partner reports/lies that her permanent residence
was based on fraud, immigration status may be at
risk
15/05/2012 33

Presenters
Tamar Witelson
Raoul Boulakia
Refugee and Immigration Lawyer, Toronto,
Ontario
15/05/2012 34

R l i hi B kdRelationship Breakdown:
Refugee Claimantsg
15/05/2012 35

f lRefugee Claimants
E lExample:
 Esther fled her home country and came to Canada
seeking refugee protection She is part of an ethnic andseeking refugee protection. She is part of an ethnic and
religious minority that is being persecuted in her home
country.
 While she was waiting for her refugee claim to be dealt
with, she started living with her boyfriend who is a
Canadian citizen He has a temper and is verballyCanadian citizen. He has a temper and is verbally
abusive. She wants to leave him.
15/05/2012 36

R f Cl iRefugee Claim:
 Is not directly affected by her relationship or by
leavingleaving
 Esther’s boyfriend could contact immigration
officials to undermine information in her refugeeg
claim
15/05/2012 37

Example:Example:
 Esther and her husband fled their home country and
came to Canada seeking refugee protection. Theircame to Canada seeking refugee protection. Their
refugee claims are connected and her husband has
been handling most of the details. The stress has
taken a toll on their relationship and he gets very angrytaken a toll on their relationship, and he gets very angry
with her for small things. He is verbally abusive and
threatens to hit her. She wants to leave him.
15/05/2012 38

Relationship Breakdown
J i t R f Cl iJoint Refugee Claims:
 She should get her own lawyer
Ask previous lawyer for file regarding her claim Ask previous lawyer for file regarding her claim
 Discuss domestic abuse with lawyer
 Was she forced to agree or sign anything? Was she forced to agree or sign anything?
 Does she fear husband or family in home country?
 May cooperate with husband in a joint hearing
 Her lawyer may ask for separate hearings
15/05/2012 39

Example:
 Esther fled her home country with her husband and
children and came to Canada seeking refugeechildren and came to Canada seeking refugee
protection. Their refugee claims are all connected and
her husband has been handling most of the details. The
stress has taken a toll on their relationship and he gets
very angry with her for small things. He is verbally
abusive and threatens to hit her. She wants to leaveabusive and threatens to hit her. She wants to leave
him.
15/05/2012 40

Refugee Claims Including Children:
Child ill d D i t d R t ti Children will need a Designated Representative
 Usually a custodial parent
 Relative/Friend/Social worker/Lawyer Relative/Friend/Social worker/Lawyer
 Designated Representative chooses lawyer for
children
15/05/2012 41

T lli i h ChildTravelling with Children
15/05/2012 42

Travelling with Children
Example:Example:
 Lucia and her husband are both permanent residents.
They have a child together, and are recently separated.
It was messy and they are not on good terms.
 She has sole custody of their child, and he has access.
H i till d h f t l tti hi He is still very angry and accuses her of not letting him
see their child. She wants to visit her family back home,
but does not know what she has to do, so that the child
can travel with her.
15/05/2012 43

If you have custody:
 Carry a copy of your custody order or agreement Carry a copy of your custody order or agreement
 Get a notarized letter of permission from the other
parent, if possible
 Find out the laws about child custody in the home
country
15/05/2012 44

If you have custody (continued):If you have custody (continued):
 Ensure you have all travel documents for you
and the childrenand the children
 Ensure you all have a Permanent Resident
Card, valid on the return dateCard, valid on the return date
 Check whether the amount of time abroad will
affect permanent residence or delayp y
citizenship application
15/05/2012 45

Example:Example:
 Lucia and her husband are both permanent residents.
They have a child together, and are recently separated.
It was messy and they are not on good terms.
 She has sole custody of their child, and he has access.
L i i i d th t h h b d i i t t k Lucia is worried that her husband is going to take
the child out of Canada and not come back.
15/05/2012 46

Child Abduction
 It is easier to prevent an abduction than to recover a
child
Precautions:
Get a clear, detailed custody order or agreement, y g
It should say that the child cannot travel outside of
Canada without your permission
It can say that you or the court holds the child’s or
other parent’s passport
15/05/2012 47

Child Abduction
 Precautions (continued):
Get detailed travel informationGet detailed travel information,
plans, people and places
where the child will be
Keep a recent picture of your
child
Teach your child how to makeTeach your child how to make
a long distance, collect call
15/05/2012 48

Child Abduction
 Response:
C t t th l l liContact the local police
Contact an immigration lawyer
Contact the Consular Affairs Bureau in CanadaContact the Consular Affairs Bureau in Canada
• 1-800-387-3124 or 1-800-267-6788
• (24 hours/7 days a week)( y )
15/05/2012 49

Child Abduction
 The Hague Convention on the Civil Aspects of
International Child Abduction may apply if:
 You have legal custody of the child You have legal custody of the child
 The child is under 16 years old
 The country where the child was taken has signed the
Hague Convention
 For more information:
 http://www.voyage.gc.ca/publications/child-
abductions_enlevements-enfants-eng
15/05/2012 50

Presenters
Tamar Witelson
Raoul Boulakia
Refugee and Immigration Lawyer, Toronto,
Ontario
15/05/2012 51

Addi i l RAdditional Resources
15/05/2012 52

Resources (Immigration)
Find a community legal clinic near you
http://www.legalaid.on.ca/en/contact/contact.asp?type=cl
Community & Specialty Legal Clinics http://www.legalaid.on.ca/en/contact/contact.asp?type=cly p y g
 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 South Asian Legal Clinic of Ontario
FCJ Refugee Centre http://www.fcjrefugeecentre.org/
 416-469-9754
Canadian Association of Refugee Lawyers http://www.refugeelawyersgroup.ca/
Refugee Lawyers Association of Ontario http://www.rlaontario.com/
Settlement.org http://www.settlement.org/index.asp
 Information and answers on settling in Ontario
211 Canada.ca http://211canada.ca/
 Find available immigrant and refugee serving organizations in your area
5315/05/2012

Resources (Immigration)
Legal Aid Refugee Law Office http://www.legalaid.on.ca/en/getting/type_immigration.asp
 416-977-8111
Citizenship and Immigration Canada http://www.cic.gc.ca/english/index.asp
 Call Centre Toll-free: 1-888-242-2100
 TTY: 1-888-576-8502
 More Contacts: http://www cic gc ca/english/contacts/index asp More Contacts: http://www.cic.gc.ca/english/contacts/index.asp
Ministry of Citizenship and Immigration (Ontario) http://www.citizenship.gov.on.ca/
 Find information about citizenship and immigration in Ontario
 G l I i (416) 327 2422 General Inquiry: (416) 327-2422
 Toll-free: 1-800-267-7329
 TTY: 1-800-555-5559
Canadian Council for Refugees http://ccrweb.ca/en/home
 Directory of immigrant and refugee serving organizations in your area
http://ccrweb.ca/en/links
 514-277-7223
5415/05/2012

Resources (Family)
Assaulted Women’s Helpline www.awhl.org
 Toll-free: 1-866-863-0511; TTY: 1.866.863.7868
 Toronto: 416-863-0511 Toronto: 416 863 0511
Legal Aid Ontario http://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) Toronto: 416 979 1446 (accepts collect calls)
Family Law Information Program (FLIP) http://www.legalaid.on.ca/en/getting/flip.asp
Family Law Information Centres (FLICs) http://www.legalaid.on.ca/en/getting/type family.aspFamily Law Information Centres (FLICs) http://www.legalaid.on.ca/en/getting/type_family.asp
Family Law Services Centres (FLSCs) http://www.legalaid.on.ca/en/contact/contact.asp?type=flsc
FLEW (Family Law Education for Women) http://www.onefamilylaw.ca/en/resources/FLEW (Family Law Education for Women) http://www.onefamilylaw.ca/en/resources/
Ontario Women’s Justice Network (OWJN) www.owjn.org
5515/05/2012

Resources (General)
Law Society of Upper Canada Lawyer Referral Service
http://www.lsuc.on.ca/with.aspx?id=697
 Toll-free: 1-800-268-8326
 Toronto: 416-947-3330
 TTY: 416-644-4886
Toolkit for a good Client-Lawyer Relationship
http://schliferclinic.com/vars/legal/pblo/toolkit.htm
 Barbra Schlifer Commemorative Clinic Barbra Schlifer Commemorative Clinic
Ministry of the Attorney General
http://www.attorneygeneral.jus.gov.on.ca/english/http://www.attorneygeneral.jus.gov.on.ca/english/
 Toll free: 1-800-518-7901
 TTY: 1-877-425-0575
5615/05/2012

This webinar was brought to you by
Your Legal Rights: A website of legal informationYour Legal Rights: A website of legal information
for people in Ontario
For more information visit Your Legal Rights at
www.yourlegalrights.on.ca
For more public legal information webinars visit:
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