Domestic abuse while PR is in process

[scylla]

Hi. I got married and arrived in Canada with my spouse last year on visitor visa. My PR and open work permit are currently in process. I have been facing domestic violence since a long time and I finally reported that to the alberta police few days back and they charged him for domestic assault. He is a PR right now but I dont know what consequences it can have on my application now? And if in case he revokes my application, how do I move ahead as I can be asked to leave the country

Sorry to hear about your situation.

He can withdraw the application as your sponsor. You can't stop him from doing that. However your OWP will remain valid and you can certainly remain in Canada and work as long as your OWP is valid. Any chance you might have enough points to qualify on your own through Express Entry? If he revokes your application and you want to remain in Canada permanently, you'll need to find a way to qualify independently.

 

[scylla]

Sorry - in re-reading your message, it sounds like you don't have the OWP yet. If you manage to get the OWP approved before he withdraws the application, then you can remain in Canada and work using the OWP. If he withdraws the application before the OWP is approved, that will create more challenges for you.

Sometimes people submit H&C applications in these circumstances. However process times for these applications are very long (many years) and approval rates generally aren't that high. You also generally cannot work while you are waiting.

Ideally you would find a way to qualify on your own through a program like Express Entry.

Good luck. Hope this information helps at least a little bit.

 

[k.h.p.]

Start here: https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/abuse.html

 

[Star_234]

Sorry - in re-reading your message, it sounds like you don't have the OWP yet. If you manage to get the OWP approved before he withdraws the application, then you can remain in Canada and work using the OWP. If he withdraws the application before the OWP is approved, that will create more challenges for you.

Sometimes people submit H&C applications in these circumstances. However process times for these applications are very long (many years) and approval rates generally aren't that high. You also generally cannot work while you are waiting.

Ideally you would find a way to qualify on your own through a program like Express Entry.

Good luck. Hope this information helps at least a little bit.

Does the assault charge have any consequences on his status as his PR is due for renewal this year?

 

[k.h.p.]

Does the assault charge have any consequences on his status as his PR is due for renewal this year?

It may delay a renewal of his card until the charge is resolved. If he is convicted, he may face the possibility of losing the PR status.

I would caution you: your focus should be on making sure you're safe, not getting him kicked out of Canada. Working on something like that would hurt any humanitarian and compassionate arguments you may try to make.

 

[Star_234]

It may delay a renewal of his card until the charge is resolved. If he is convicted, he may face the possibility of losing the PR status.

I would caution you: your focus should be on making sure you're safe, not getting him kicked out of Canada. Working on something like that would hurt any humanitarian and compassionate arguments you may try to make.

Trust me thats not my focus. All i want is to come out of the relationship as peacefully as I can. I asked that question because I heard that it might affect his status and I dont want that.
My only concern is my status here in Canada as my entire family lives here. Also, my visitor extension was applied too 2 months back so can he revoke that too?

 

[scylla]

Trust me thats not my focus. All i want is to come out of the relationship as peacefully as I can. I asked that question because I heard that it might affect his status and I dont want that.
My only concern is my status here in Canada as my entire family lives here. Also, my visitor extension was applied too 2 months back so can he revoke that too?

No - that cannot be revoked.

 

[k.h.p.]

Trust me thats not my focus. All i want is to come out of the relationship as peacefully as I can. I asked that question because I heard that it might affect his status and I dont want that.
My only concern is my status here in Canada as my entire family lives here. Also, my visitor extension was applied too 2 months back so can he revoke that too?

The only thing he can do is tell IRCC he no longer wants to sponsor you. You can tell them you're being threatened with this and it's domestic abuse. What happens then is up to IRCC; a lawyer may be able to assist you.

 

[canuck78]

Trust me thats not my focus. All i want is to come out of the relationship as peacefully as I can. I asked that question because I heard that it might affect his status and I dont want that.
My only concern is my status here in Canada as my entire family lives here. Also, my visitor extension was applied too 2 months back so can he revoke that too?

Your case will be stronger if you don’t drop the charges. You will still need to work to qualify for immigration.

 

[Star_234]

The only thing he can do is tell IRCC he no longer wants to sponsor you. You can tell them you're being threatened with this and it's domestic abuse. What happens then is up to IRCC; a lawyer may be able to assist you.

Thankyou