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More Proposed Changes to Family Sponsorships

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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.

Changes Coming to Spousal Sponsorships!

Posted by kanrisha in blog - (Comments Off on Changes Coming to Spousal Sponsorships!)

Jason Kenney has been busy announcing all kinds of changes to Canada’s immigration system, but one of the most significant changes on the way involves spousal sponsorships under the Family Class.

Under the present system, a spouse who is sponsored to immigrate to Canada becomes a permanent resident as soon as they arrive here. Under the proposed changes, there would be a two-year waiting period for permanent residence so that if the couple splits up before the two years are up, the sponsored spouse is not granted permanent residence and will have to leave the country.

With all of the publicity surrounding marriages of convenience, where the one partner or the other goes through with the marriage only to get immigration status in Canada and bails out at the first possible opportunity, this new measure has received quite a bit of popular support.

There is concern among women’s shelters and other NGOs that spouses will feel compelled to stay in abusive or other unhealthy marriages until they qualify for permanent residence and it remains to be seen whether there will be any special provisions to protect vulnerable spouses.

What do you think of Kenney’s latest move? Do you support conditional permanent residence for spouses or do you think it puts too many vulnerable people at risk?