Immigration Support Resources
Victim-survivors who are newcomers or immigrants to Canada are often unsure of their rights and status when fleeing domestic violence. Abusive partners may threaten them with no longer sponsoring their immigration application, and with the threat of returning and having to leave their children with the abuser.. In the context of Economic Abuse, victim-survivors might be told by their abusive partners that they owe the abuser for travelling costs and use that as leverage for restricting or misusing financial resources.
As a first step it is important to understand your current status in Canada (visitor, permanent resident, temporary worker, etc.). If you are not sure or don’t have the necessary immigration documents, it is best to call the Immigration, Refugees And Citizenship Canada (IRCC)’s Client Support Centre at 1-888-242-2100 for assistance.You may request More information
Verification of Status application or Replacement of an Immigration Document – More information and the application form can be found here
While largely depending on the individual situation, there are generally immigration options available in Canada specifically for victims of family violence.
If your status has expired, victim-survivors experiencing family violence can obtain a Temporary Resident Permit (TRP) that provides them and their children with legal immigration status in Canada. This should provide victim-survivors with the opportunity to flee violence, have time to decide whether they want to stay in Canada or return to their country of origin, earn a living (through a fee-exempt work permit) and to ensure women are not separated from their children. The TRP is free (no fees) and also offers coverage for trauma-counselling and health-care benefits. There are also options to apply for a fee-exempt work permit. Note as well that victim-survivors will never have to testify against their abusive partner to get temporary resident status. More information
In order to obtain a TRP, a victim-survivor needs to:
- fill out a paper application
- offer supporting evidence (police reports, reports from psychologists, health care staff but also letters from women shelters or witnesses such as family members, friends, neighbours, etc. More information on forms of evidence can be found here
If a victim-survivor wants to stay in Canada permanently and wouldn’t have any other means to do so, they can apply for permanent residence based on Humanitarian and Compassionate grounds. More information
When submitting the application based on family violence, IRCC advises to write the letters “FV”:
- in the subject line of an email when the application is sent electronically
- on the application cover letter when sent via mail
Additional resources
- Community Legal Education Ontario (CLEO) – Various resources on immigration and refugee law including information for victim-survivors
- Neighbours, Friends & Families, Immigrant & Refugee Communities
- Myths & Facts about Violence Against Immigrant and Refugee Women
- How to support newcomer women living in abuse
- Western University, Centre for Research & Education on Violence Against Women & Children – Intimate Partner Violence Against Immigrant and Refugee Women
- Find free newcomer services near you
Alberta
Alberta Association of Immigrant Serving Agencies (AAISA)
Family Court Assistance – to provide a lawyer if you do not have one
Law Society Lawyer Referral Services
Centre for Public Legal Education Links individuals to legal information and help in Alberta
Free Legal Information by Calgary Legal Guidance
Ontario
Community Legal Clinics for Settlement Services
Ontario (Northwest Ontario) Newcomer Legal Clinic
British Columbia
Newcomer support agency Legal Information and Workplace Rights | MOSAIC Services
Yukon
Immigration Services- Immigration | Government of Yukon
Quebec
Settlement Services Settle and integrate in Québec
Northwest Territories
Settlement Services Welcome to the NWT
Nova Scotia
Nova Scotia Legal Services Immigration – Legal services
Quebec
Quebec Legal Services Legal Services in Immigration Law – Legal Aid Montreal | Laval
New Brunswick
Immigration Legal Services Immigrant Settlement Agencies
Manitoba
Newcomer Serving Organizations Newcomer Immigrant Services
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