Immigrant women experiencing domestic violence face an additional risk: the abuser may use immigration status as a weapon—threatening to report them to immigration authorities, have them deported, take away their children, cancel their immigration case, or leave them without legal status.
For this reason, several countries have created legal mechanisms that allow victims to end the abusive relationship without automatically losing their right to remain in the country.
Two Main Immigration Protection Models
Immigration Self-Petition Model (Stronger Protection)
Under this model, the victim may obtain an immigration status that is independent of the abuser.
Examples:
Under this model, the country allows the victim to retain or apply for an independent immigration status when the relationship ends because of domestic violence. Each country has specific legal requirements and evaluates the victim’s vulnerability.
Examples: Sweden, Norway, the Netherlands, among others.
Below, we explain what protections generally exist in each country, who may qualify, and what is usually required.
Important Notice: This information is provided for educational purposes only and does not replace individualized legal advice. If you are in immediate danger, contact your local emergency services immediately.
OCanada generally relies on administrative and humanitarian immigration solutions, depending on the individual’s current immigration status and level of risk.
Victims of domestic violence may, in certain circumstances, be eligible to remain in Canada or regularize their immigration status through Humanitarian and Compassionate (H&C) considerations, particularly when factors such as domestic violence, vulnerability, dependency, the best interests of children, or the risks associated with returning to their home country are present.
In many cases, the practical objective is to:
