Victims of family violence who are also noncitizens often face additional, specific vulnerabilities linked to their immigration status. In recent years, Immigration, Refugees and Citizenship Canada (IRCC) has introduced additional policies and guidelines which emphasize that “[f]amily members in Canada, particularly spouses, who are in abusive relationships and are not permanent residents or Canadian citizens, may feel compelled to stay in the relationship or abusive situation so they can remain in Canada”. The clearest example is the situation of an abusive relationship in which a spousal sponsor for permanent residence threatens withdrawal of sponsorship or to report the victim to IRCC, whether or not such a report would have any valid basis.
IRCC has published family violence guidelines for both humanitarian and compassionate assessments and the issuance of temporary resident permits (TRPs). Current IRCC guidance for processing of humanitarian and compassionate applications instructs officers to be sensitive to situations in which a spouse or other family member of a Canadian citizen or permanent resident leaves an abusive situation and therefore lacks an approved family class sponsorship. Officers may exempt family violence victims from inadmissibility for financial reasons in recognition of the fact that many family violence victims face barriers that prevent them from finding stable employment and supporting themselves without social assistance. IRCC guidelines also encourage officers to recognize that victims may face barriers to reporting abuse or may have reasons for not doing so.
IRCC has also recently updated guidance on the issuance of TRPs for out-of-status foreign nationals experiencing family violence. Created by Ministerial Instruction in 2019, the policy’s stated intention is to promote expeditious assessment of TRP applications by victims of family violence and their children whose pathway to permanent residence depends or would have depended on an abusive relationship.
An application for permanent residence need not already have been submitted for applicants to be eligible for the TRP for victims of family violence. TRPs for victims of family violence are issued for a minimum of 6 months. The initial application is fee-exempt and also creates eligibility for an initial fee-exempt open work permit and the Interim Federal Health Program (IFHP). Among the considerations relevant to issuance of a TRP to a victim of family violence is whether victims require a period of reflection to consider their immigration options or to allow the victim a chance to escape the influence of an abuser so they can make an informed decision on a future course of action. Lack of some traditional establishment indicators, such as support networks or language or other skills, are not to weigh against granting the application. The guidelines instruct officers to also consider the application of humanitarian and compassionate grounds.
On April 8, 2021, IRCC issued a program delivery update to its family violence TRP guidelines. Applicants or their representatives should now send their family violence TRP application to the closest local IRCC office rather than the Case Processing Centre in Edmonton to ensure timely identification and processing. The update also clarifies guidelines for officers assessing eligibility in cases where an application for permanent residence has not yet been submitted; and specifies that prioritized processing should also be given to any TRP application which clearly involves a situation of family violence, even if the applicant or agent has not marked their application package with the applicable “FV” code.
These recent immigration measures provide an additional degree of protection to non-immigrant victims of family violence. In my recent experience as an immigration lawyer, the government has acted quickly when abuse was identified. IRCC issued an open work permit to the victim within ten (10) days.
