Pathways for women with precarious status fleeing violence (May 31, 2021)

Recorded on: May 31, 2021

Presentation material: PDF download

Additional immigration and refugee resources: Legal Aid BC's publications

Lawyer Kamaljit Lehal reviws the two key immigration pathways to help women regularize their status and obtain permanent resident status in Canada. She reviewed case scenarios to help the audience get a real and practical understanding of how to help women who have no status or have precarious status in Canada flee violence.

00:00 Introduction

04:05 Session outline

06:55 Common scenarios and legal options for out of status women or women with precarious status

13:46 Overview of the expedited Temporary Resident Permit (TRP) process

17:56 Who is eligible

23:20 Initiating the process

31:20 Staying safe pending TRP processing

35:20 Pause on removals while TRP applications are processing

37:36 Interview for TRP assessment

40:47 Follow up of TRP application

47:10 Q&A: If an individual is trafficked upon entering Canada, what is their best option?

48:43 Q&A: How should cases of abuse be reported if there is a desire to protect the anonymity of the victim?

52:14 Q&A: How is the safety of women considered when they are subject to deportation?

53:23 Q&A: Can women without status work while waiting for their TRP?

54:23 Q&A: Should an individual apply for TRP or Humanitarian and Compassionate ("H & C")?

55:59 Q&A: If there is a removal order in place, how should an individual proceed with their TRP application?

59:41 Overview of Humanitarian and Compassionate application ("H & C")

1:00:22 Factors to consider for a H & C application

1:09:50 Social assistance for individuals who receive first stage approval

1:12:25 Providing evidence to support TRP and H & C applications

1:13:09 Processing H & C application

1:14:55 Summary and resources

1:16:13 Q&A: Are processes different when adjudicating an FV (family violence) H & C versus a standard H & C?

1:17:38 Q&A: Does the reporting of abuse need to be done with the permission of the victim?

1:19:02 Q&A: For individuals experiencing abuse, is the acceptance of their TRP or H & C application contingent on having to prove the abuse?

1:20:46 Options for individuals on study permit who experience violence at home

1:25:34 Options for an individual whose TRP was rejected due to lack of evidence

1:26:17 Closing


Kamaljit Lehal, lawyer and family law mediator,
Lehal Law Corporation Lehal Law Corporation:

Legal Aid BC:
Family Law in BC:
Aboriginal Legal Aid in BC:


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