Living in Limbo: We Can End Hardships for Mothers Without Legal Status

At the YWCA, decades of experience have shown us that when we meet the needs of women on the margins, all women benefit. It’s why we continue with our advocacy efforts for Mothers without Legal Status. If we can help Mothers Without Legal Status feel safe, supported and free from violence, then we are promoting a culture where women are free from violence.

Mothers without Legal Status are women who do not have permanent status under the Immigration & Refugee Protection Act to stay in Canada, but family court orders prevent their children from leaving the jurisdiction.  Women in this situation face deportation while their children are left with partners who abused them. This hardship is unacceptable, and we work tirelessly to ensure every Mother without Legal Status who comes to us for help is approved to stay in Canada as a Permanent Resident. 

Our advocacy efforts alleviate some day-to-day suffering for Mothers without Legal Status, but the permanent solution is to change laws so women are no longer ripped away from their children. Our 100% success rate is validating, but it is still no guarantee for these women, who can spend up to three years in limbo. They fear every knock on the door could be Canada Border Services Agency, coming to take them away.

This fear and vulnerability sends many Mothers without Legal Status back to their abusers. Our system renders women dependent on their abusers to secure status in Canada, as it is their abusers who are entering an agreement with the government to have their wives stay in Canada. The abuser controls the sponsorship. He can threaten to withdraw it if she is not compliant, stall document processing or refuse to follow up on requests for more information or documentation.

If we want to end violence against women, we need to prevent a woman’s status in Canada from being tied to her abuser. We need to allow a woman leaving her abusive partner to file her own application, in secret, using the address of a friend, transition house or settlement agency. The applicant should be able to use whatever evidence she has of her abuse, including police or hospital reports, her own statement, information from victim services or other agencies she has sought support from or friends and family who are aware of the abuse. Most importantly, this application must allow her to begin the process of securing financial independence through income assistance and/or employment (and she should not be penalized for her personal path towards economic independence). 

This is not a radical idea. This type of program has existed for more than 16 years in the United States and has not created havoc, abuse of the process or increased immigration demands. Creating a similar program here will demonstrate that Canada is serious about ending violence against every person, every day.