As a front-line worker assisting women who have experienced family violence and have concerns about their immigration status in Canada, you can provide valuable support by:
Advising her to seek legal advice: Inform the woman about the importance of consulting with a qualified immigration lawyer or a registered immigration consultant who specializes in family violence and immigration law. You can provide her with information on reputable legal clinics, community organizations, or resources where she can obtain professional assistance.
Explaining considerations for Humanitarian and Compassionate (H&C) applications: Help her understand what factors Immigration, Refugees and Citizenship Canada (IRCC) will take into account when deciding on an H&C application. These factors typically include the woman’s establishment in Canada, the best interests of any children involved, her ties to Canada, the potential for hardship if she were to leave, and any humanitarian or compassionate factors unique to her situation. Emphasize the importance of providing compelling evidence to support her H&C application.
Assisting with evidence gathering: Support her in collecting the necessary evidence to demonstrate that she should be allowed to stay in Canada for humanitarian and compassionate reasons. This may include gathering documentation related to her family violence situation, such as police reports, medical records, statements from witnesses, evidence of community support, and any other relevant information that can strengthen her case. Ensure that she understands the importance of submitting complete and credible evidence.
In addition to the H&C application, inform the woman that she may be eligible for a Temporary Resident Permit (TRP) from IRCC. The TRP allows her to live in Canada for at least six months while she decides her next steps. It is possible to apply for a work permit concurrently with the TRP application, and neither of these permits should require a fee. It’s important to note that she can apply for the TRP before, after, or at the same time as submitting her H&C application.