Family violence and immigration status in Canada: your options if you leave an abusive spouse or partner

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 14, 2026

Published November 14, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 14, 2026: IRCC’s family violence pages (modified March 12, 2026 and August 18, 2025), the family violence TRP instructions and the H&C family relationships instructions (modified June 11, 2026) checked that day.

If you are being abused by your spouse or common-law partner in Canada and your immigration status is tied to that relationship, leaving can feel impossible. It isn’t. Canada has a special permit for victims of family violence, IRCC fast-tracks humanitarian and compassionate applications in urgent family violence cases, and a permanent resident’s status can’t be taken away by a partner. Which route is right depends on where you are in the immigration process today: already a permanent resident, waiting on a spousal sponsorship, on a temporary permit, or out of status.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, helps survivors of family violence with family violence TRPs, humanitarian and compassionate applications and Federal Court challenges; this guide is by Prabhpreet Kaur Sangha.

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Domestic violence and immigration status: what applies to you

The family violence TRP

A temporary resident permit for victims of family violence gives you legal status while you leave the relationship and plan your next step. Since February 4, 2025 it is issued for at least 12 months, with no fee for the permit, the work or study permit, or biometrics. It comes with an open work permit, health coverage that includes trauma counselling if you have no provincial coverage, and it can cover your children who are in Canada without status. Applications go to IRCC’s Vulnerable Persons Unit with “FV” on the envelope. Full details: the family violence TRP.

Permanent residence on humanitarian and compassionate grounds

The TRP is temporary. The way to permanent residence for most survivors whose sponsorship has ended is an H&C application under section 25 of the Act. IRCC fast-tracks the first-stage decision in urgent family violence cases, and its instructions tell officers to consider waiving the social assistance bar for survivors who are getting back on their feet. The Federal Court has held that abuse by a partner is a compassionate factor in itself: Kang v. Canada (Citizenship and Immigration), 2025 FC 473, a case I developed and argued. Full details: H&C applications for survivors of family violence.

What an abusive partner can and can’t do

• Can: withdraw a sponsorship before you become a permanent resident; refuse to help with documents; make a complaint to IRCC.
• Can’t: cancel your permanent residence, have you deported, or take your children out of the country without a court order or your consent.
• Only IRCC, CBSA and the Immigration and Refugee Board decide immigration status. A complaint is checked; it isn’t a decision.

Evidence: helpful, not a reason to wait

Police reports, court orders, letters from a shelter, counsellor or doctor, photos, and messages all help. So does your own detailed statement. None is required before you leave, and IRCC’s instructions say family violence includes psychological and financial abuse and neglect, not only physical violence. Keep copies somewhere your partner can’t reach, and translate anything not in English or French.

Abused by a spouse who is a worker or student

If you came as the accompanying spouse of a temporary worker or student, your future PR usually doesn’t depend on staying in the relationship, so the family violence TRP is often not the right tool. Options include your own work or study permit, restoring your status within 90 days if your permit lapsed, a regular TRP, or an H&C. If the abuse is by an employer rather than a spouse, see the vulnerable worker open work permit.

Why family violence and immigration need a lawyer

One lawyer, one file, every step:

• working out which route fits your exact status, before anything is filed;
• the family violence TRP and open work permit, prepared so the officer can decide on paper;
• the H&C application, with the abuse argued as a compassionate factor under Kang;
• a Federal Court challenge if a TRP or H&C is refused, and a stay if CBSA sets a removal date.

The first application you file becomes the record every later officer and judge reads. Getting the order right (TRP first, or H&C first, or both) matters.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

• Waiting for police or medical records before leaving. They help, but they are not a requirement, and safety comes first.
• Applying for a family violence TRP while still holding a valid visitor record or permit. Officers check status first; extending your own status may be the better first step.
• Sending screenshots of messages in Punjabi, Hindi or another language without certified translations. Officers may give them little or no weight.
• Describing abuse by parents or in-laws as the main issue in a TRP application. The family violence TRP is about abuse by a spouse or common-law partner; other abuse belongs in the H&C.
• Leaving out your own statement because letters from family say enough. Officers have discounted family violence for lack of the applicant’s own account.

Frequently asked questions

Will I be deported if I leave my abusive husband?

Not because you left. If you are a permanent resident, your status doesn’t depend on him. If you aren’t, the family violence TRP and an H&C application exist for this situation.

Can my sponsor cancel my sponsorship?

Before you become a permanent resident, a sponsor can ask IRCC to withdraw the sponsorship. After you become a permanent resident, he can’t.

Do I need a police report?

No. A police report helps, but IRCC accepts other evidence, and psychological and financial abuse count too.

Can my children stay with me?

Children in Canada without status can be included in your family violence TRP. Custody is decided under family law, not by your partner.

Is the family violence TRP free?

Yes. Since February 4, 2025 there is no fee for the TRP, the work or study permit, or biometrics.

How do I get permanent residence after the TRP?

Usually through a humanitarian and compassionate application, which IRCC fast-tracks in urgent family violence cases.

Related guides: the family violence TRP; H&C applications for survivors of family violence; leaving an abusive sponsor before PR; a spouse who threatens to cancel your PR; humanitarian and compassionate applications.

What should I do right now?

If you are in danger, call 9-1-1. Then write down your status and its expiry date, where your passport and documents are, and whether a sponsorship was filed. Put copies somewhere safe.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• IRCC: Immigration options for victims of family violence (modified March 12, 2026)
• IRCC: Help for spouses or partners who are victims of abuse (modified August 18, 2025)
• IRCC: Temporary resident permit (TRP) for victims of family violence (program delivery instructions) (modified April 4, 2025)
• IRCC: The humanitarian and compassionate assessment: dealing with family relationships (modified June 11, 2026)
• Immigration and Refugee Protection Act, s. 24 (temporary resident permits)
• Immigration and Refugee Protection Act, s. 25(1) (humanitarian and compassionate considerations)
• Federal Court: Kang v. Canada (Citizenship and Immigration), 2025 FC 473 (March 13, 2025)

This article is general information, not legal advice. Every case depends on its own facts.