27 Jul 2019
Newcomers arriving in Canada and suffering from the incidents of family violence will be in a position to apply for the Temporary Resident Permit (TRP) granting them legal immigration status in Canada. It is exempt from a fee.
The New rules that govern the permits for these out-of-status overseas nationals who face family violence have taken effect on July 26. Additionally these allow for issuing Temporary Resident Permits to victims as well as their dependent children for six months.
This new rule is applicable to the person who did not obtain permanent residence and has a status in Canada dependent on an abusive spouse/partner.
As per the Instructions of Canadian Minister of Immigration, , Ahmed Hussen, the objective of this new rule is to provide protection to those vulnerable overseas citizens who suffer from family violence and are impacted by it. The aim is to give them a regular status in Canada.
The instructions also say that an Immigration Officer will be justified in issuing the TRP where provides a period of thought to the victims of family violence as they are out of status and need to consider immigration options for their welfare.
It will also help the victims to escape from the influence of the abuser and make a knowledgeable decision regarding their future course of action. Additionally the new rules state that the intention here is to assess the victims of family violence to get the TRP speedily.
IRCC states that the assessment will judge these factors:
If the overseas national is in Canada physically, and has experienced abuse, by a spouse or common-law partner, residing in Canada, in a physical, sexual, psychological or financial manner, resulting in failure to get food, shelter, clothing, or medical care,
If the foreign national is keen to get permanent residence depending on remaining in a real relationship where there is abuse. It will examine if the relationship to this abusive spouse/partner is important for the continuation of the status of the person in Canada.
Such individuals are eligible who are overseas nationals residing in Canada under the Family Class sponsorship and left their sponsor owing to abuse or those who have not left their sponsor owing to being afraid of losing the immigration status. The TRP is not available to overseas nationals residing outside Canada.
The eligible persons for the TFP are eligible to avail health-care benefits in Interim Federal Health Program of Canada in case they are not covered by a Public/Private Health Insurance.
IRCC expects that many of family violence cases will be from within the Family Class, but the cases lying outside this Class will also be considered.
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