Let’s explore the key developments:

• Temporary Resident Status (TRV) Program: In line with the Prime Minister’s mandate, IRCC introduced a program to issue temporary resident status to spouses and children abroad while their permanent residency applications are being processed. This initiative aims to minimize the time families spend apart.
• Faster Processing and Dedicated Tools: On May 26, Immigration Minister Sean Fraser announced new measures to accelerate the reunification process. Spousal applicants for temporary resident visas (TRV) now benefit from faster processing times. IRCC has also introduced dedicated processing tools for spousal TRV applicants, streamlining application processing for non-complex cases.
• Open Work Permit for Spouses and Dependents: A new open work permit has been introduced for spousal and family class applicants. This enables spouses and dependents to work in Canada while their permanent residency applications are in progress, enhancing financial stability and facilitating family integration into Canadian communities.
• Open Work Permit Extensions: Open work permit holders, including spouses of temporary workers and international students, as well as dependents of permanent resident applicants, have become eligible to extend their permits for 18 months if their current permits expire between August 1st and the end of 2023. This measure benefits approximately 25,000 individuals, ensuring they can continue working and residing in Canada during the application process.
• Open Work Permits for TFWP and IMP: Since January 30, open work permits have been made available for spouses, dependents, and common-law partners of participants in the Temporary Foreign Worker Program (TFWP) and International Mobility Program (IMP). This initiative, set to last until 2025, aims to alleviate financial stress, enhance family stability, and promote integration within Canadian communities.
• Family Class Sponsorship: Family class immigration, the second most popular method of immigrating to Canada, continues to play a significant role. Under the Immigration Levels Plan 2023-2025, Canada aims to welcome 118,000 permanent residents annually through family class sponsorship by the end of 2025. This includes spouses, partners, dependent children, parents, and grandparents.

To be eligible as a sponsor, individuals must be Canadian citizens or permanent residents, 18 years of age or older, and capable of providing financial support to the sponsored person(s) for several years. The level of support required varies based on the number of individuals being sponsored. Sponsors must also sign a financial undertaking, which holds them legally responsible for supporting their family members, even in the event of a relationship breakdown.

These advancements highlight Canada’s unwavering commitment to family reunification and the importance of keeping families together. By implementing these measures, Canada aims to reduce separation periods, enhance family well-being, and promote social integration.

Are you in need of professional assistance to navigate the complexities of family reunification in Canada? Look no further than Brace Law. Our team of experienced immigration lawyers is here to help you understand your options and guide you through the process based on your unique circumstances.

With offices conveniently located in Oakville and Vaughan, Brace Law is well-equipped to serve clients from various cultural backgrounds, offering services in multiple languages, including English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil, and Urdu.

Don’t let the complexities of family reunification in Canada overwhelm you. Contact Brace Law today at 905-815-6555 or email us at admin@bracelaw.ca to schedule a consultation. Rest assured, with Brace Law by your side, your case will be handled with professionalism, care, and expertise.

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1. Departure Order: If you have received a departure order and have left Canada within 30 days, you may not require an ARC and can return through any port of entry. However, if you have not verified your departure, your removal order may be converted into a Deportation Order, which will require you to apply for an ARC to return to Canada.
2. Deportation Order: If you have received a deportation order and wish to return to Canada before your deportation order expires, you will need to apply for an ARC. It’s important to note that a deportation order is different from a removal order, as it is issued when you do not leave Canada within 30 days of your issued departure order. If you were issued a deportation order due to criminal convictions, you may also need to apply for criminal rehabilitation before applying for ARC. You may require a Temporary Resident Permit (TRP) in addition to ARC, and an interview may also be required.
3. Exclusion Order: If you were issued an exclusion order and left Canada within 12 months since it was issued, and have a certificate of departure, you may not need an ARC. However, if you wish to return before 12 months have passed, you will need to apply for an ARC.

Applying for an ARC requires filling out an application and providing relevant information, including the reasons for the removal order, the length of time of the order issued, reasons for wishing to enter Canada, a declaration of better behaviour in the future, and evidence of your current situation.

If you are unsure about your admissibility to Canada due to past convictions or other reasons, Brace Law can provide an assessment of your situation and suggest the best options based on your circumstances. With offices in Oakville and Vaughan, Brace Law serves clients in multiple languages, including English, Italian, Albanian, Arabic, Punja bi, Farsi, Hindi, Malayalam, Tamil, and Urdu. Contact us at 905-815-6555 or email admin@bracelaw.ca to get the assistance you need. Consider it handled with Brace Law- Affordable Fees, Consultations & Meetings by Phone & Virtually.

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1. What is Spousal Support?

Spousal support is money that is paid by one former spouse or partner to the other. It may be paid for a variety of reasons, but it is often paid to help the lower income spouse cover their living expenses. Spousal support is separate from child support, and spousal support can often contribute to the costs of caring for children. However, while children are automatically entitled to support, a former partner is not always entitled to spousal support. 

2. How are Spousal Support Payments Decided?

Spousal support payments can be determined either through negotiation as part of a separation agreement, or by a judge if an agreement cannot be made. In this case, the judge will decide the amount of spousal support and how long the support should be paid. It is a good idea to get legal advice before you sign any agreements made with a former spouse in order to be sure all is being done properly. 

3. How to Determine if you Are Eligible for Spousal Support

To be eligible for spousal support, you must have been married, lived together as a couple for at least three years, or have been in a relationship of some permanence for any length of time and have a child together. You will also need to demonstrate at least one of the following in order to be eligible:

• You had responsibilities during the relationship that prevented you from building your own career, such as taking care of children or helping your spouse build their career.
• Your separation or divorce left you in need of financial support and the other spouse has enough income and assets to pay support.
• You have a legal agreement that says you will get spousal support if you separate.

Other factors may also be considered by the court, such as age, health, and childcare requirements. The amount of spousal support ordered will depend on factors such as income, children, age, roles during the relationship, mental and physical health, and the ability to support oneself. Often, a lawyer will be able to help determine the appropriate amount of support given your circumstances, based on the Spousal Support Advisory Guidelines. 

4. Spousal Support Advisory Guidelines (SSAGs)

The Spousal Support Advisory Guidelines (SSAGs) suggest appropriate timelines and ranges of support in a variety of situations for those entitled to support. The SSAGs are not rules; they are only guidelines but are often used by lawyers and judges to determine how much spousal support should be paid, and for how long. For more information on the SSAGs, contact the Family Lawyers at Brace Law. 

5. What if my Ex-Spouse Won’t Pay Spousal Support 

If your former partner refuses to make spousal support payments, you can speak with them on your own or with the help of a mediator or lawyer. If they continue to refuse, you will be able to take your matter to court to enforce their obligation if the matter was not previously in court. If your matter is in court, you can seek further judicial intervention to enforce the order. The court can deduct support from your former spouse’s bank account, retirement savings, or wages.  

If it is not possible or safe to speak with your spouse, you may also need assistance from the courts or the Family Responsibility Office (FRO). The FRO can enforce support by taking money directly from the payor spouse’s bank account, suspending the payor spouse’s driver’s license, or starting a court case against the payor spouse. This will not cost anything for the spouse seeking or receiving the support. 

If you are unsure whether you are entitled to spousal support in your divorce, the Family Lawyers at Brace Law can work with you through the process. Whether you are negotiating a separation agreement, going to court to finalize your separation, or looking to enforce an existing order, Brace Law’s experienced team can help you achieve the best result. When you work with Brace Law, you can Consider It Handled. 

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. 

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1. What is the Difference Between Separation and Divorce?

While divorce and separation may seem similar, they are in fact quite distinct. Separation occurs when a common-law or married couple decide to live separately and apart. Common-law couples can go through a separation, but as they were never married, they do not need to go through a divorce.

Undertaking a separation is the first step of getting divorced, and married couples that have been living separate and apart for at least one year can then file for divorce. Once the divorce has occurred, they are no longer legally married and can then remarry, while a separation does not legally dissolve a marriage.

2. When can I File for Divorce, and How Long does it Take?

Once you and your spouse have been separated for one year, it is then possible to file for divorce. The divorce process can take some time, so you should not expect that after one year of separation has passed that you will be divorced.

Processing times for divorce cases can vary on several factors, including the complexity of division of assets, child custody agreements, and the emotions of the spouses. Generally, for the divorce process to be finalized it will take from 6-10 months.

3. Who will Get my House?

In the case of a divorce your assets will need to be divided, including your home. The property that a married couple purchases or lives in during their marriage is called the matrimonial home. Each spouse is equally entitled to the matrimonial home, and the spouses will need to come to an agreement on whether they will sell and divide the profits, or if one spouse will remain in the house. This can be a complicated process that can be facilitated with the help of a divorce lawyer.

4. What if my Spouse Doesn’t Cooperate?

You may find that throughout the divorce process, your spouse does not wish to cooperate, and you may enter a dispute. This is not uncommon, as emotions tend to run high, no matter how amicable a split. There are several ways that you can resolve disputes with your spouse, including engaging in alternative dispute resolution. This can include mediation, arbitration, and negotiation. These avenues should be explored before involving the court in order to save both parties time and additional costs.

If your spouse refuses to cooperate and is unwilling to provide necessary information such as financial disclosure, there are additional actions that you can take. To learn about the options if your spouse refuses to provide financial disclosure, contact the lawyers at Brace Law.

5. Do I Need a Lawyer to go to Court?

While you do not need a lawyer to undertake a divorce, it can be a complex procedure and it is recommended that you consult with a lawyer. Working with a lawyer can help you better understand your rights and obligations throughout the process, can help to ease your stress, and can help to negotiate a more favourable settlement. Having an experienced divorce lawyer on your side is a valuable asset and can help you move smoothly and efficiently through the divorce process.

If you are considering a divorce, we hope that this information has helped you better understand the process. If you have additional questions or need more information on divorce proceedings, contact the family lawyers at Brace Law. Our team of family lawyers can represent you in your divorce proceedings, making you feel confident in the process. For more information on Family Law, visit our Family Law FAQ to have your questions answered. With Brace Law, you can Consider It Handled!

We serve our clients in English, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu with offices in Oakville and Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees.

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1. What is spousal support?

Spousal support is money paid by one former spouse or partner, to the other. It may be paid for different reasons, but is often paid to help the lower income spouse cover their living expenses. Although children are entitled to child support, a former partner is not automatically entitled to spousal support. It is important to speak to a family lawyer to determine whether you are entitled to spousal support.

2. Do I have to pay spousal support?

Payment of spousal support may arise in various circumstances including a financial need arising from the breakdown of a marriage or relationship. It is important to speak to a family lawyer if it is determined that you must pay spousal support.

3. What are the Spousal Support Advisory Guidelines (SSAGs)?

The Spousal Support Advisory Guidelines suggest appropriate timelines and ranges of support in a variety of situations for spouses entitled to support. The guidelines do not provide advice on whether a spouse is entitled to support. Entitlement depends on the circumstances of each specific case. For more information on the SSAGs, contact the family lawyers at Brace Law.

4. What if my ex-partner won’t pay their spousal support?

If your former spouse or partner is refusing to pay spousal support, you can take your matter to court to enforce this obligation, if the matter was previously not in court. If your matter is in court, you can seek further judicial intervention to enforce the order.

5. Are my children entitled to child support?

Children have the right to receive financial support from both parents until they are no longer dependents. The parent who does not have the children in their primary care typically pays child support. For more information on child support, contact Brace Law.

6. What is the difference between decision making and parenting time?

Decision-making responsibility (formerly known as “custody”) refers to which parent can make the major and non-major decisions for the children. In the majority of situations, both parents have decision-making responsibility for the children. This is called joint decision making. Parenting time (formerly known as “access”) is regarding the time-sharing schedule in place for the parent who does not have the child in their primary care.

7. How are child support payments made?

Child support payments can be made in a number of different ways. Typically, most people will e-transfer the other parent the funds. In other situations, FRO (the Family Responsibility Office) may become involved if a parent is not paying child support on time.

If you have additional questions about divorce proceedings, including division of assets or child and spousal support, the family lawyers at Brace Law are here to help. Serving the GTA, Brace Law is your go-to source for Family Law.

We serve our clients in English, Mandarin, Italian, Albanian, Arabic, Punjabi, Farsi, Hindi, Malayalam, Tamil and Urdu, with Offices In Oakville And Vaughan. Call us at 905-815-6555 or email admin@bracelaw.ca. We can help! We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. Choose Brace Law and consider it handled.

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If prior to getting married or living with someone, you did not have a Prenuptial Agreement, then it would be wise that when the relationship has broken down and you both go your separate ways, that you draft a Separation Agreement. This blog will explain what a Separation Agreement is, why is it important, what can be included in the Agreement and why you need it.

A Separation Agreement essentially is a contract where you identify the terms that you and your partner want to agree on.

The most important items that would be included in a Separation Agreement would be property and custody of children. If you own a home, then as per the Family Law rules, the home is to be split 50/50. If children are involved in the marriage or cohabitation it is very important to lay out the parenting schedule, who’s going to have primary custody or is it going to be a shared custody between both parents.

Other items to consider would be common assets and spousal support. Some assets have a lot of value and sometimes couples want to make sure that they share the value or one may want to buy the other person out. With regards to spousal support, both spouses and common law partners’ income are looked at in order to determine if there are any other Financial entitlements.

Prior to drafting a Separation Agreement and starting negotiations, all finances need to be disclosed including bank accounts, loans, debts, lines of credit and notice of assessment for 3 years. It is also important that both partners disclose the same type of documentation so that your lawyer understands what they’re getting into prior to negotiations.

Depending on the facts of the case or circumstances of each client there are other things that need to be discussed and included in the Separation Agreement. What is very important to remember that most people often overlook, is that even though you and your partner separate amicably and you don’t want to get the courts and lawyers involved, it’s always a good idea to have a Separation Agreement which includes everything, so that you are covered for the future. As time goes on, people change, the amicable breakup may change as well, so it is very important that you have an agreement that you are both happy with and you can always go back to reference should a dispute ever arise.

When it comes to drafting a Separation Agreement it may take a while if things are not very straightforward. This depends on many factors including: the years of the relationship, if it has been a long marriage or if it has been a long cohabitation, assets, are children involved, is there some friction between both partners in terms of who has the children, who gets what and how much will be given in child or spousal support.

With this, comes a lot of correspondence between lawyers. When you hire a lawyer to prepare a Separation Agreement you will be advised as to everything you are entitled to. Be prepared to tell your relationship story in full detail so that you will receive the proper advice that you deserve. Keep in mind that your partner is most likely doing the same in return so there will be a lot of back and forth until a common understanding and a common Separation Agreement is reached. During this process you might get a little bit frustrated, but you have to understand that everything you agree to will be put in writing so it’s very important that you agree with all of the clauses before signing the Separation Agreement.

There will be occasions that one partner may choose to go it alone and not have a lawyer involved. It is required by the other partners’ lawyer to advise them that prior to signing the Separation Agreement, the partner that does not have a lawyer must have at least received independent legal advice just so that they know exactly what it is they are signing.

Filing for Divorce or Separation, Custody & Access, Child Support, Division of Assets? We Can Help. We Offer Consultations & Meetings by Phone & Virtually. Affordable Fees. For more details, call us at 905-815-6555 or email admin@bracelaw.ca

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