Family and Immigration Issues for Separated Immigrant, Refugee and Non-Status Women

There are many women who come to Canada from another country after marriage and, unfortunately, file for a divorce after some time. In such cases, they have to face challenges related to family law and immigration law. Separation is a stressful and difficult time and the complex maze of both family and immigration laws can add to the troubles. For women who are not Canadian citizens, it is likely that their immigration status is connected to their partner or other family members. They have to worry about a lot of things. For instance, a woman may have to decide about financial support, share in the family property and make arrangements to support her children. Non-Canadian women would also have to be concerned about their stay in Canada or if they would be separated from their children. They may also be apprehensive about the ways to support themselves if they were sponsored by their partner prior to separation.

Family and Immigration Issues

Rights as per family laws

Under family law, immigrants, refugees and non-status women have the same responsibilities and rights as Canadian-born women do. Regardless of the immigration status, a woman can go to court to apply for spousal support, child custody or to share in property. However, if the woman does not have legal status in Canada, she may get deported by the immigration officials. Therefore, it is important to know the rights and status when residing in another country. A family lawyer in Edmonton and other parts of Canada can tell about the rights of a woman in family court.

Immigration concerns after separation

As mentioned earlier, immigration status is the deciding factor for a woman’s stay in Canada. Immigration laws, at large, have become quite complex. If a woman has doubts on her immigration status, she needs to consult an immigration lawyer in Calgary and other places. He will inform the client about all possible legal options.

Permanent Residents

There are cases when the husband sponsors his wife to gain permanent residency, but the relationship ends before sponsorship is granted. In such a case, the immigration status of the wife may be at risk. This is not the case when the wife is a permanent citizen at the time of separation. In the case when a husband sponsors permanent residence status for his wife, but the relationship ends, the sponsor would be financially responsible for the wife for up to three years. If the husband refuses or is unable to support the wife during the three-year sponsorship period, support from social assistance can also be applied for.

Once a woman becomes a permanent resident, even a separation cannot take away her citizenship. Family and immigration laws are closely intertwined with each other. Though there are many clauses in the family and immigration laws, good lawyers can always find the solutions to the problem of a woman in distress.

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