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Preventing Deportation: Sponsorship and Domestic Violence

This webinar explores the steps in an initial interview for clients facing deportation due to domestic violence charges. It provides guidance on helping clients build a case to stay in Canada.

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Preventing Deportation: Sponsorship and Domestic Violence

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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: Preventing Deportation 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: • The steps in an initial interview, from assessing client safety to getting legal help • Helping a client build a case to stay in Canada

  7. Rose’s Scenario Rose has been charged with assault She has been charged for hitting back at her abusive husband A criminal conviction could kill Rose’s chance of staying in Canada Rose could be “inadmissible” 7

  8. Initial interview If your client has not left her abuser: Assess your client’s safety Tell her what she needs to know if she wants to take the children with her 8

  9. … Initial interview continued What legal issues is Rose facing? Custody issues (Family law) Child Tax Benefits (CRA) Assault charges (Criminal law and child protection law) Risk of deportation (Immigration Law) 9

  10. Helping your client get legal help Legal Clinics Who they can help What they can and cannot do • Legal Aid Certificates • 1-800-668-8258 • Two hour certificates for victims of spousal abuse 10

  11. What happens if your client doesn’t have access to an immigration lawyer? 11

  12. Help your client tell her story Get the details Interpretation Help your client tell her story to the lawyer 12

  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 13

  14. Help your client get evidence To prove the abuse took place To show how the children will be affected if your client is deported 14

  15. …continued To get evidence about hardship in her home country To show how your client has become established in the community 15

  16. But what if she isn’t established? FINANCIAL INADMISIBILITY CRIMINAL INADMISIBILITY MEDICAL INADMISIBILITY She is on Social Assistance She has been convicted of a crime or is charged with an offence and is at risk of being convicted • She has a physical or mental illness that will cost the government money 16

  17. Become a “designated individual”: Fill out the Authority to Release Information to a designated individual Not the same as being the designated representative 17

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  19. 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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