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Immigrating to Canada is one of the most sought-after dreams for families around the world, but this beautiful dream can also test the strength of its members. Why? Because to this new life must be added the inevitable need for cultural adaptation, language proficiency, professional recognition and the high cost of living.
Unfortunately, these pressures can sometimes lead to family conflicts that can impact your immigration process. That is why, in this blog, I will share a guide to learn about the circumstances in the immigrant's life that could impact their family dynamics and even their status, and what kind of support they can seek if they need it. Let's get started.
The act of emigrating implies an almost total reinvention. Family roles that were stable in the home country may change dramatically. Perhaps the spouse who was the primary provider is now in a time crunch to find a skilled job, or the children adapt more quickly to the new language, creating a different dynamic in the household. These situations, coupled with the financial pressures of settling in and unfamiliarity with the new environment, can lead to friction within the couple or lawsuits between several members.
Some of the most common factors we have seen impact immigrant families include:
In this process, differences in customs, different social values and the encounter of a new educational system are present.
Difficulties in finding qualified employment or in covering the high cost of living in the first year of stay.
Alteration of power dynamics or responsibilities within the couple.
The absence of close family and friends can make problems seem bigger and harder to handle.
Sometimes these factors can lead to situations that require the intervention of Canadian family law. The point is that many families do not know how to approach a legal scenario in a different country and panic thinking that it will be difficult to solve the problem or that there is no legal support available because they are foreigners, when this is not the case. It is all about knowing the Canadian law and its impact on the family.
Family laws in Canada can be very different from those in your home country. That is why you need to be familiar with them, so you will understand what your family rights and obligations are. Here are some key areas of family law that may be relevant to you:
Canada has clear laws on how couples can separate and divorce. The process involves the legal dissolution of the marriage, division of assets and debts, and child and support agreements. It is essential to understand that in Canada there is no "separation of bodies" as in some countries, but that the divorce process is initiated after one year of de facto separation.
Canadian law prioritizes the best interests of the child. Custody agreements (now called Parenting Orders or Parental Decision-Making Responsibility) determine who makes major decisions about the children's lives and where they will live. Child Support is a legal obligation of both parents to contribute to the financial well-being of the children, calculated according to federal or provincial guidelines.
In certain cases, one spouse may be entitled to receive financial support from the other spouse after a separation or divorce, especially if there is a significant disparity in income or if one spouse sacrificed his or her career for the marriage or family. The laws governing spousal support in Canada come from two main sources:
Canadian law establishes principles for the equitable (not necessarily equal) division of property acquired during marriage or common-law marriage.
At the federal level, the Divorce Act addresses the dissolution of marriage, but the specific rules regarding the division of property (and debts) are contained primarily in Provincial or Territorial Family Laws. This means that the exact rules may vary slightly depending on the province or territory where the spouses reside. For example, in Ontario, the key law is the Family Law Act; in British Columbia, it is the Family Law Act; in Quebec, it is the Code Civil du Québec and the Loi sur le divorce (in the case of divorce), which have a different system based on partnership and common-law marriage.
Despite these provincial variations, the general principle in most common law provinces is the "equalization of family net assets" or "division of the family estate".
Family conflicts, especially marital breakups, have direct implications on their immigration status in Canada. This is an area of concern for immigrants, especially in cases of spousal sponsorship:
If your relationship ends while your spousal sponsorship process is still ongoing and you have not obtained permanent residence, your application may be denied. The relationship must be genuine and subsist at the time of the decision.
Although conditional permanent residency is no longer common, it is vital to understand that if your status was obtained through sponsorship and the relationship ends shortly thereafter, the federal government may investigate the validity of the original relationship.
A separation or divorce in itself does not cancel a work or study permit, but it may affect extensions or future applications if your status was dependent on the sponsor or certain conditions related to the union.
The best thing to do is to always maintain a climate of family unity and harmony in a genuine way, both for the proper sense of what is a healthy family nucleus in any society, as well as for the importance for significant immigration procedures.
Unfortunately, domestic violence is present everywhere in the world, even in an advanced country like Canada. Hispanic immigrants with families in conflict or dysfunctional relationships are no exception. They often come with conflicts from their countries of origin and arrive in the new territory with disagreements that only worsen the adaptation process. This should not be normalized to the point of conflict, it should be identified. The positive thing is that there are ways to recover family stability and respect.
In Canada, the law provides protection and resources to victims of violence, regardless of their immigration status. If you or someone you know is in a violent situation, take action immediately! And know that help is available and that your rights will be protected under Canadian law.
Law firms such as Immiland Law are available to address conflictive situations that compromise the immigration stability of families.
Knowing when to seek professional help can make a big difference between living emotionally and in your immigration process or settling harmoniously in Canada. Seek legal advice if you find yourself in any of these situations:
At Immiland Law, we offer expert legal representation in family law cases. Our team is skilled in Canadian law and has a special sensitivity to Hispanic immigrants and the cultural and language particularities that may most affect their situation. Explore our family law services here.
We can help you with:
Contact us today and fill out this form for a confidential consultation. And remember: living in Canada as an immigrant is a possible dream, but it requires legal knowledge and planning to go through the process with peace of mind and confidence.
I hope that this topic will be helpful and that you will have a safe and lasting family adjustment in Canada.
Thank you very much for reading! See you in the next blog!
With love,
Immiland Law Professional Corporation
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