In general, domestic violence is defined as a form of abuse or neglect committed by a family member. In this case, the TRP applies to victims of spousal violence by a spouse or common-law partner. When assessing eligibility for a TRP, officials will assess whether an undeclared foreign national:
Are physically present in Canada and have been victims of violence by their spouse or common-law partner during their stay, including physical, sexual or psychological abuse, financial abuse or neglect;
The desire to obtain permanent resident status requires them to maintain a good faith relationship in the presence of violence, and such a relationship with an abusive spouse or common-law partner is essential to maintaining the foreign national’s status in Canada.
The following foreigners are eligible:
Applicants who are spouses or common-law partners in the Domestic or Canadian (CFS) category who have left their sponsor due to abuse or who have not left their sponsor for fear of losing their immigration status;
Cannot be assessed for permanent residence because their sponsor (spouse or abusive common-law partner) has withdrawn their sponsorship application under the family class or the CFCE class;
Be misled by an abusive spouse or common-law partner into believing that their application for permanent residence in the family class or CPCLS has been submitted and is being processed, when in fact it is not;
Be a temporary resident who intends to apply for permanent residence and provide evidence of a good faith relationship despite the violence, but the application may not have been processed. In such cases, while the intention to apply for permanent resident status may be difficult to prove accurately, the officer must weigh all the circumstances presented and make a judgment on a case-by-case basis to determine whether the individual meets the eligibility criteria for the TRP.
In accordance with the appropriate ministerial directive, the officer must consider the applicant’s relationship with Canada and factors related to child custody or other family law matters.
What does domestic violence mean
Domestic violence can be more than just physical violence. A person may experience one or more forms of violence, including:
Physical violence, such as assault and forced imprisonment;
Sexual violence, such as non-consensual sexual contact;
psychological violence, such as threats and intimidation;
financial abuse, such as fraud and extortion;
Neglect, which includes failing to meet a person’s basic needs, such as:
food
Clothing
medical insurance
stay
any act or omission involving a risk of serious injury;
Dependent foreign children may also be victims or witnesses of abuse or neglect.
