If your client is (1) a foreign national (born outside of Canada) located physically in Canada (2) in an abusive family relationship, and (3) out-of-status (they have no legal right to remain in Canada; or they have expired legal status), Immigration Canada is willing to assist by issuing an initial fee-exempt (no fee required) TRP, which will facilitate an initial fee-exempt work permit and Interim Federal Health Program (IFHP) [instead of OHIP), IF THE CONDITIONS WARRANT. The TRP may be issued for a minimum of 6 months, renewable up to 5 years, and which may facilitate their permanent resident status without their abusive spouse or common law spouse as their sponsor.
1. Abuse may include physical (forcible confinement), sexual (contact without consent), psychological (threats and intimidation), financial (fraud and extortion) abuse or neglect (failure to provide the necessaries of life such as food, clothing, medical care, shelter or any other omission to result in a risk of serious harm), from their spouse OR common-law partner WHILE IN CANADA;
2. Client is seeking permanent resident status based on or contingent on remaining in a genuine relationship with their spouse or common-law partner in which there is abuse, and if the relationship with the abusive spouse or common law partner is critical for the continuation of your client’s status in Canada – examples can be as follows:
a. Clients with pending spousal sponsored permanent resident application who have already left or not left due to abuse because of their immigration status;
b. Clients whose abusive spouse or common law spouse has withdrawn the sponsorship;
c. Clients who “believed” sponsorship was submitted when in fact it was not submitted;
d. Clients who are in an abusive relationship, but no sponsorship has been filed in the first place.
3. Any dependent children – under 22 years old – are also eligible for this particular TRP.
4. All cases are assessed on a case-by-case basis, with full humanitarian and compassionate grounds;
5. Evidence may include:
a. Police record including all reports or notes;
b. Criminal or family court documents;
c. Letters, statements or reports from victim or witness assistance program or women’s shelter, hospital, etc.;
d. Assessment by psychologist, psychiatrist, therapist, or any other health care service workers;
e. Photos of injuries;
f. Copies of email, text messages, etc.
6. Procedure
a. Contact – 1-888-242-2100;
b. Complete immigration forms online;
c. Submit the TRP application after completion.