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More Proposed Changes to Family Sponsorships

Posted by kanrisha in blog - (Comments Off on More Proposed Changes to Family Sponsorships)

Following the introduction of a 5-year sponsorship bar after landing in Canada for people sponsored as spouses, or common-law or conjugal partners under the Family Class, another major change has been suggested. A conditional visa for sponsored spouses, is also poised to become law. The amended regulation was published in the Canada Gazette on March 9 and will be become law as soon as the period for public comment has expired – unless there is an outcry from the public forcing CIC to rethink the policy. Briefly, unless the marriage or relationship lasts 2 years, permanent residence will be revoked and the sponsored partner deported. There is a lot of concern that vulnerable women, or men, would be forced to endure abusive relationships for 2 years in order to be able to stay in Canada, but to CIC’s credit, there are exemptions from the 2-year requirement in cases of spousal abuse – physical, sexual, psychological or financial – or neglect. Couples who have already been together for 2 years before applying or who have a child together are also exempt.
We’d love to hear your opinion about the new rules for Family Class sponsorship. Let us know what you think. And if you have any questions, let the immigration experts at Premier Canadian Immigration Co-op put you on the right path.

CIC Changes Spousal Sponsorship Rules

Posted by kanrisha in blog - (Comments Off on CIC Changes Spousal Sponsorship Rules)

Citizenship and Immigration Canada has changed the rules for spousal sponsorship, adding a 5-year waiting period before a person who is sponsored to come to Canada can sponsor someone else as a spouse, common-law partner, or conjugal partner.

Here is what the new law says, with the changes highlighted in bold:
130. (1) Sponsor – Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a PR visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or PR who
(a) is at least 18 years of age;
(b) resides in Canada; and
(c) has filed a sponsorship application in respect of a member of the family class or the spouse or common-law partner in Canada class in accordance with section 10.

(2) Sponsor not residing in Canada – A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) and is the sponsor’s spouse, common-law partner, conjugal partner or dependent child who has no dependent children, if the sponsor will reside in Canada when the foreign national becomes a PR.

(3) Five-year requirement – A sponsor who became a PR after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor became a PR not less than five years immediately preceding the day on which the application referred to in subsection (1) is filed by the sponsor.

This change was made because the government has been concerned about people who get a Canadian or Permanent Resident to sponsor them, and then immediately dump their sponsor (who is still financially responsible for them for 3 years) in order to bring someone else to Canada.

The government is also thinking about making Permanent Residence conditional for 2 years, for sponsored spouses. More about that in our next blog post.

If you need more information about these important changes or have any other immigration questions, please contact us at info@premiercic.com and let our immigration experts help you.