The timing of a woman’s application to family court can be very important to her immigration case. If she has lived in Canada for many years and has had custody of her Canadian child without formalizing that relationship in family court, a last-minute application to the court when Immigration is making arrangements to deport her from Canada can be seen as an attempt to avoid deportation rather than as a legitimate application.
If the application is brought by the child’s other parent who has joint custody or an ongoing and significant relationship with the child, the prospect of success may be greater, as such an application would appear to be more about the child’s best interests rather than the mother’s interest in trying to avoid removal from Canada.
The same principle applies with an application for permanent residence on H & C grounds.
Learn more with this FAQ on how family court cases impact immigration matters, provided by Kristin Marshal, LL.B.