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domestic abuse

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Dusky
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Posts: 2
Joined: Mon Jul 14, 2008 1:56 pm

domestic abuse

Post by Dusky » Mon Jul 14, 2008 2:10 pm

Hello,

I would like to get some info regarding domestic abuse and how to go about reporting it in Canada if you're on a spouse visa and haven't had permanent settlement as yet.

A friend of mine, X moved to Canada this year on a spouse visa granted through marriage with a Canadian partner. She has a baby daughter now and suffers from domestic abuse. She wants to report to the social services but fears that they might take the baby off her and send her back home. The only reason she's staying in this marriage is because of her child. If she can somehow secure herself and her baby then she would want to file for a divorce. Keeping her visa status in mind (she doesn't have permanent settlement) can she request to be sent to a shelter along with her baby, away from the husband Or does she have to wait till she gets her permanent visa to recieve any sort of help from the government.

What options are available for people on spouse visa with regards to help from the government.

I'd appreciate if anyone could be of any help in this matter.
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Dowew
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Posts: 17
Joined: Thu Jan 08, 2009 4:06 am
Location: Canada

Post by Dowew » Mon Jan 26, 2009 11:55 pm

I am not a lawyer, but in this circumstance I think the Ministry of Immigration will take it into account.



As a resident in Canada she is covered by the Charter of Rights and Freedoms. In particular "Security of Person". She had the right to not be abusex. To deport her because of her invoking her rights, would be a violation of her rights.


Is the child a Canadian citizen?

If the child is a Canadian and there is suspected abuse by the father then I would think the mother would be granted custody of the child. If the child was born in Canada he or she is a Canadian citizen.

I hate to use this term but essentially the baby would be an "anchor baby", something that shows she has a strong connection to Canada.

good luck
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Dowew
Newly Registered
Posts: 17
Joined: Thu Jan 08, 2009 4:06 am
Location: Canada

Post by Dowew » Tue Jan 27, 2009 1:18 am

I was just thinking, and if there is a battered women's shelter in your area (or if not just go to canada411.com and look one up) you can call them and im sure they would have access to information on how to extrat oneself from an abusive relationsihp without being penalized.
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Dusky
Newly Registered
Posts: 2
Joined: Mon Jul 14, 2008 1:56 pm

Post by Dusky » Tue Jan 27, 2009 10:14 am

Thanks so much for your reply. I'm glad to tell you that the said person is safely back home with her daughter now. But thanks alot for the information.

Much appreciated. Best regards.
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