Family Violence OWP and H&C PR

[PinkSoul09]

My spousal permanent residence application was withdrawn by my spouse on the grounds of recent legal separation.

During the breakdown of the relationship, I experienced emotional mistreatment, abandonment during a medical procedure where he abandoned me when he was responsible for taking me to the hospital and back home because I was going to be under general anesthesia and bleeding after.

Also there was significant pressure to leave our shared home on short notice in the peak of winter (-17 degrees celsius) or stay and take the whole apartment and pay the entire rent which I cannot afford so I left and moved myself after having had surgery.

My immigration status was dependent on my spouse, and I am now at risk of losing my legal status. My post-graduation work permit expires in early March. I am seeking information about protections available in situations involving family breakdown and abuse, including how I can maintain my status and ability to work while my options are assessed.

I'm settled in Canada since 2 years having completed 1 year education and employed for a year. I pay taxes, have friends and extended family and will face severe hardship if I leave Canada (displacement, loss of job, social stigma tied to being a divorcee, family resentment and possible homelessness).

Is H&C OR atleast Family Violence OWP an option for me post abandonment and emotional abuse?

 

[Copingwithlife]

You do know HC takes 10 years , right ?

No access to healthcare, nor being able to work

 

[Naturgrl]

So sorry for your situation. First, make a police report for the abuse. If there is a women's shelter or women's community group then seek help for accommodation and legal help. H&C is your option but takes a long time (like 10 years). Get a lawyer for advice to file police reports and options available. Never heard of a family violence OWP to continue working. Read the attached link.

https://www.canada.ca/en/immigratio.../family-sponsorship/fees-permits-victims.html

 

[canuck78]

My spousal permanent residence application was withdrawn by my spouse on the grounds of recent legal separation.

During the breakdown of the relationship, I experienced emotional mistreatment, abandonment during a medical procedure where he abandoned me when he was responsible for taking me to the hospital and back home because I was going to be under general anesthesia and bleeding after.

Also there was significant pressure to leave our shared home on short notice in the peak of winter (-17 degrees celsius) or stay and take the whole apartment and pay the entire rent which I cannot afford so I left and moved myself after having had surgery.

My immigration status was dependent on my spouse, and I am now at risk of losing my legal status. My post-graduation work permit expires in early March. I am seeking information about protections available in situations involving family breakdown and abuse, including how I can maintain my status and ability to work while my options are assessed.

I'm settled in Canada since 2 years having completed 1 year education and employed for a year. I pay taxes, have friends and extended family and will face severe hardship if I leave Canada (displacement, loss of job, social stigma tied to being a divorcee, family resentment and possible homelessness).

Is H&C OR atleast Family Violence OWP an option for me post abandonment and emotional abuse?

Would suggest speaking to a lawyer or even the police because what you are describing could easily be described as fairly common behaviour after a bad break-up not family violence. Accusing a ex partner of domestic violence is extremely serious and should be done independently of potential immigration concerns. Not wanting to live together after a break-up is fairly normal behaviour irregardless of the weather. Not wanting to accompany you or pick you up from surgery also a fairly reasonable thing after a break-up. Even if before a break-up it would be not good behaviour of a partner but would not necessarily be considered family violence. It sounds like you did find someone to accompany you. You also say that your immigration status was dependent on your ex-partner but you were an international student and are on a PGWP. There is nothing stopping you from securing your own WP or applying for PR. In terms of H&C not wanting to return home after 2 years in Canada or the potential stigma of being a divorcée is not typically enough for H&C. You would need concrete proof that your life would be in danger if you returned to anywhere in your home country. Given the backlog is decades and does not prevent removal and the program is likely to be reformed after bill c-12 it is not a great option.