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This webinar is brought to you by CLEONet cleonet

This webinar explores how the inland spousal sponsorship process puts abused women at risk and discusses legal options for acquiring status in Canada.

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This webinar is brought to you by CLEONet cleonet

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  1. This webinar is brought to you by CLEONet www.cleonet.ca CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. 2010, Community Law School (Sarnia-Lambton) Inc.

  2. Sponsorship and Domestic Violence: Identifying the Problem 2010, Community Law School (Sarnia-Lambton) Inc.

  3. Please note… The content of this webinar is based on law that was current on the date the webinar was recorded. CLEONet webinars contain general legal information. They are not intended to be used as legal advice for a specific legal problem. For more information on how to find a lawyer or to contact your local community legal clinic visit www.cleonet.ca/need_legal_help 2010, Community Law School (Sarnia-Lambton) Inc.

  4. About our presenters… Jean Lash has practiced immigration and refugee law at South Ottawa Community Legal Services since her call to the bar in 2004. Previously, Jean worked in international development field, where she specialized in women's issues. She spent seven years abroad in Mali and Cambodia, working with Oxfam, UNICEF and the Canadian International Development Agency. 

  5. About our presenters… Heather Neufled is an immigration and refugee lawyer at South Ottawa Community Legal Services. Much of her work focuses on legal issues facing immigrant women who have experienced gender-based violence. She is a member of the current executive of the Canadian Council for Refugees.

  6. Overview This webinar looks at: • How the inland spousal sponsorship process makes abused women particularly vulnerable • How these women can acquire legal status in Canada • The humanitarian and compassionate grounds option

  7. A Scenario Sahra may be deported even though: • She is married to a Canadian man • She is pregnant • She is working • She has been sponsored

  8. What’s Wrong • Sahra is being abused • Sahra is afraid to talk to you about the abuse

  9. OVERSEAS SPONSORSHIPS VS. INLAND SPOUSAL SPONSORSHIPS

  10. 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 ……

  11. HER ABUSER CANNOT HAVE HER DEPORTED …. 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

  12. 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) means: Sponsor is approved to sponsor Sponsored person gets OHIP and work or study permit

  13. 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

  14. Isabel has been called in by the Canadian Border Services Agency and they are starting the process to deport her. She married a Canadian man eight months ago and is pregnant. Her husband promised to sponsor her but he hasn’t done it yet. They are having marital troubles and her husband is drinking. Isabel’s husband is angry with her for getting pregnant. Isabel thinks he still loves her and still wants to sponsor her. She has bruises on her face but is not ready to tell you anything more. Isabel’s scenario Discussion on barriers to leaving

  15. What is at stake if Isabel leaves? Marriage and sponsorship Custody of the children Eligibility for all child tax benefits AND …

  16. RISK OF DEPORTATION

  17. What can she do? • Apply for permanent residence on her own • The Humanitarian and Compassionate Application • What is it and how does it work?

  18. The Humanitarian and Compassionate Application • A request to be allowed to apply for permanent residence without leaving Canada • A two step process • How to apply • Send the application to CPC, Vegreville, Alberta • Pay a processing fee of $550 for every family member over 18 years of age and $150 for younger children

  19. What does Isabel 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 interestsof the child”

  20. This webinar was brought to you by CLEONet For more information visit the Immigrayion and Refugee Law section of CLEONet at www.cleonet.ca For more public legal information webinars visit: http://www.cleonet.ca/training 2010, Community Law School (Sarnia-Lambton) Inc.

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