I'm finding a ton of information online about sponsored immigrants experiencing domestic violence but nothing about what to do when the person you sponsor is the one being violent towards you the sponsor, which is the situation I'm in. I can't afford to pay for his welfare he took after I separated from him because he was beating me and threatening to kill me. I went to the police and he went to jail, plead guilty in court so everything is documented. It seems so unfair to me that I still have to pay back all his welfare, since it was his decision to beat me and I had no control over it. It's a huge amount of money that I really can't afford and I had no choice but to separate to survive. He would never have needed welfare if he could have lived with me but he chose to make that impossible. Does anyone know if they ever make exceptions in situations like this? Or where to find a lawyer to help? Thank you to anyone who has any advice!
domestic violence question
- Thread starter asdfghjk
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What a scum, sorry for my language, that's making me so angry, these kind of people should not be allowed to be in Canada.
I hope someone here can give you some (legal) tips/advices.
I really hope he will face difficulties at least during the citizenship process.
I am very sorry for your situation. That is terrible and you did the right thing by getting out of the relationship regardless of the financial cost.
I am personally not aware of any way to get out of the legal responsibility of paying back the welfare he took. Regardless of the circumstances, you continue to be responsible for the 3 years following that person's landing.
This would probably be a matter best discussed with a very good lawyer, however that of course costs money. I don't believe there is any way to cancel or get out of the legal agreement. It might be possible to pursue the person you sponsored in court and find a way to make him pay you all or part of the money you owe. But that again would require a lawyer and I don't know if it's even doable.
Good luck. I truly wish you the best.
There is absolutely nothing you can do or any lawyer can help you with getting out of your sponsorship 3 year obligation. You can just choose not to repay the gov't, they will most likely not go after you and if they do, just declare bankruptcy. Life will go on.
Do you know what the criminal charge your ex was convicted of? There are many types of related charges that would mean your spouse is inadmissible, i.e. subject to removal and deportation from Canada. (And there are some to which he could have plead guilty that would not mean deportation - and note, it's possible he plead guilty to a lesser charge that would not mean a threat to immigration status).
While this is subject to various appeals and delaying tactics, the authorities do take it much more seriously when the charges involved violence, i.e. will make more effort to ensure someone dangerous is made to leave the country.
Plus: I do not know details but would hope that someone subject to a removal order at some point loses access to welfare and social assistance. (Unfortuantely almost certain that this doesn't happen automatically or seamlessly - different levels of government involved)
All this to say: get in touch with organisations that help victims of domestic violence. There are a number of areas where some legal assistance advocacy might be effective - liaising with prosecutors and knowing which types of charges; ensuring that info is seen and acted on at IRCC level (for potential deportation); etc.
As for the guarantee - it will likley be some time (years) before government acts on the financial guarantee, and there are potential ways to limit the amounts (as above). When the time comes, deal with it then. You may also want to contact MP's office, now and on ongoing basis - perhaps something can be done down the road.
But first priority should be your safety.
While this is subject to various appeals and delaying tactics, the authorities do take it much more seriously when the charges involved violence, i.e. will make more effort to ensure someone dangerous is made to leave the country.
Plus: I do not know details but would hope that someone subject to a removal order at some point loses access to welfare and social assistance. (Unfortuantely almost certain that this doesn't happen automatically or seamlessly - different levels of government involved)
All this to say: get in touch with organisations that help victims of domestic violence. There are a number of areas where some legal assistance advocacy might be effective - liaising with prosecutors and knowing which types of charges; ensuring that info is seen and acted on at IRCC level (for potential deportation); etc.
As for the guarantee - it will likley be some time (years) before government acts on the financial guarantee, and there are potential ways to limit the amounts (as above). When the time comes, deal with it then. You may also want to contact MP's office, now and on ongoing basis - perhaps something can be done down the road.
But first priority should be your safety.
If he started to beat you let say after a week of his landing, and you never lived with him before, meaning the sponsorship was outland, the guy used you to get status, so you could report him for marriage of convenience AND misrepresentation. Look into his papers if you have access and who knows you might find other problems regarding this. If this was his intention, you have a chance to find something else there. His status would be retrieved and you wouldn't need to pay welfare.
She can certainly report him.
But she will still be on the hook for any welfare he has taken to date. Him losing his PR and being removed does not cancel this responsibility.
At least she would pay less than the entire thing for 3 years . You know 10k is better than 100k.
How do we know she will need to repay, its not her fault this man is abusing her? If this is the government's thinking then abused women would fear leaving their abusive partner due to repayment (nonsense).
When he went to jail someone should have alerted IRCC or CBSA as a newly PR committing a crime against his spouse.