1 © 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
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© 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
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Sponsorship Breakdown and Domestic Violence
How to help prevent deportation
Heather Neufeld Jean Lash
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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
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What’s Wrong
• Sahra is being abused
• Sahra is afraid to talk to you about the abuse
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OVERSEAS SPONSORSHIPS
VS.
INLAND SPOUSAL SPONSORSHIPS
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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 ……
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• 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
…. If the woman is being abused by her sponsor
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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
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• 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
…. If the woman is being abused by her sponsor
THIS MEANSSHE COULD BE
DEPORTED
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Isabel’s scenario
• 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.
Discussion on barriers to leaving
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What is at stake if Isabel leaves?
• Marriage and sponsorship
• Custody of the children
• Eligibility for all child tax benefits
AND …
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RISK OF DEPORTATION
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What can she do?
• Apply for permanent residence on her own
• The Humanitarian and Compassionate Application
• What is it and how does it work?
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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
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
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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”
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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”
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What is your role?
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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
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… 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)
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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
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• What happens if your client doesn’t have access to an immigration lawyer?
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Help your client tell her story
• Get the details
• Interpretation
• Help your client tell her story to the lawyer
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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
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Help your client get evidence
• To prove the abuse took place
• To show how the children will be affected if your client is deported
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…continued
• To get evidence about hardship in her home country
• To show how your client has become established in the community
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But what if she isn’t established?
She is on Social
Assistance
FINANCIALINADMISIBILITY
She has a physical or
mental illness that will cost
the government
money
MEDICALINADMISIBILITY
She has been convicted of a
crime or is charged with
an offence and is at risk of
being convicted
CRIMINALINADMISIBILITY
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Become a “designated individual”:
• Fill out the Authority to Release Information to a designated individual
• Not the same as being the designated representative
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© 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, avocatesSouth Ottawa Community Legal Services
Services juridiques d'Ottawa sudServicios legales de Ottawa sud
406-1355 Bank StreetOttawa, ON, K1Y 8K7Phone: 613-733-0140
Fax: 613-733-0401Email: [email protected]
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© 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, avocatesSouth Ottawa Community Legal Services
Services juridiques d'Ottawa sudServicios legales de Ottawa sud
406-1355 Bank StreetOttawa, ON, K1Y 8K7Phone: 613-733-0140
Fax: 613-733-0401Email: [email protected]
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