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

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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 gMETRAC 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, METRACRaoul Boulakia, Immigration and Refugee Lawyer, Toronto, Ontario

www.onefamilylaw.ca

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METRACMETRACMETRAC, 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 providersf 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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Presenters

Tamar WitelsonLegal Director, METRAC

Raoul BoulakiaRefugee and Immigration Lawyer,

Toronto, Ontario

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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 help g p Discrimination Immigration status or lack of status

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Topics to be Covered

1. Introduction Domestic Violence and Abuse Non-citizens’ Rights in Family Court

2. Relationship Breakdown: Sponsored Permanent Residents3. Sponsorship Breakdown: When Children are Involved4. Sponsorship Breakdown: Women Who Sponsor a Partner5. Immigration Consequences of a Criminal Conviction6. Relationship Breakdown: Refugee Claimants7. Travelling with Children

Custody Abduction

8. Additional Resources

Information is accurate as of April 12, 2012

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I d iIntroduction:Domestic Violence and Abuse

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Domestic Violence and Abuse

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

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Domestic Violence and Abuse

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 pagehttp://www onefamilylaw ca/en/resources/http://www.onefamilylaw.ca/en/resources/

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I d iIntroduction:Rights in Family Courtg y

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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.

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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

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R l i hi B kdRelationship Breakdown: Sponsored Permanent p

Residents

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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.

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Leaving an Abusive Sponsor

If Permanent Residence has been granted:If Permanent Residence has been granted:Permanent Resident status is not affectedSponsor cannot withdrawpGovernment cannot remove her from Canada just

because she leaves her sponsor

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Leaving an Abusive Sponsor

How she can get financial support: How she can get financial support: Sponsor’s obligationsSocial AssistanceSocial AssistanceLook for Work

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Example: Zina is living in Canada and she is in a common law

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 immigration p , g gstatus 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.

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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

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Relationship Breakdown: 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.”

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S hi B kdSponsorship Breakdown:when Children are Involved

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Sponsorship Breakdown: h h ld l dwhen Children are Involved

Example:Example: Zina is living in Canada and she is in a common law

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.

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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”

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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)

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Sponsorship Breakdown: 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

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S hi B kdSponsorship Breakdown:Women Who Sponsor a p

Partner

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Sponsorship Breakdown: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

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I i i CImmigration Consequencesof a Criminal Conviction

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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.

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C f No risk to Canadian citizens, regardless of country of originUnless citizenship based on fraudUnless citizenship based on fraud

Permanent Residents Permanent ResidentsCan be deported if convicted of “serious” crime

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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

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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 deportedAre 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

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Presenters


Raoul BoulakiaRefugee and Immigration Lawyer, Toronto,

Ontario

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R l i hi B kdRelationship Breakdown:Refugee Claimantsg

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Relationship Breakdown: 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.

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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 refugee gclaim

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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.

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Relationship Breakdown f lRefugee Claimants

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 lawyerWas 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

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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.

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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

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T lli i h ChildTravelling with Children

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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.

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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

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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 delay p ycitizenship application

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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.

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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

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Child Abduction

Precautions (continued):Get detailed travel informationGet detailed travel information,

plans, people and places where the child will be

Keep a recent picture of your child

Teach your child how to makeTeach your child how to make a long distance, collect call

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Child Abduction

Response:C t t th l l liContact the local policeContact an immigration lawyerContact the Consular Affairs Bureau in CanadaContact the Consular Affairs Bureau in Canada

• 1-800-387-3124 or 1-800-267-6788 • (24 hours/7 days a week)( y )

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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

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Presenters


Raoul BoulakiaRefugee and Immigration Lawyer, Toronto,

Ontario

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Addi i l RAdditional Resources

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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

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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

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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

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Resources (General)

Law Society of Upper Canada Lawyer Referral Servicehttp://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 Relationshiphttp://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

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