MONDAY, DECEMBER 17, 2012 insight S9
Our Community
ASK AN EXPERT: Canadian Immigration NEW RULES Spousal Sponsorships By Rhonda Williams B.A. (Hons.), M.A., RCIC
F
amily reunification is one of the cornerstones of Canada’s immigration program. The hallmark of the program is sponsorship of family members by a permanent resident of Canada who is also residing in Canada or by a Canadian citizen. Unfortunately, the program has been abused over the past several years and the Government of Canada has been pressured to take action to prevent further abuse of the program. Those who cheat their way into
Canada now risk losing their permanent resident status and their ability to sponsor other family members in the future. Two new rules were announced by Citizenship and Immigration in 2012. • A 5 year restriction on sponsorship (announced March 2, 2102) • This means that a permanent resident who was sponsored as a spouse or common law partner cannot become a sponsor of a spouse themselves until they have been a permanent resident in Canada for at least 5 years.
• The two year legitimate relationship regulation (announced October 26the, 2012) • This rule applies to spouses and partners who have been in a relationship for two years or less, and who have no children in common with their sponsor at the time the sponsorship application is submitted. • Once in Canada the sponsored person will receive conditional permanent residence. They must live with their sponsor in a legitimate relationship for two years from the day they receive their permanent resident status in Canada, or face the possibility of having their permanent resident status revoked. • Exceptions will be made for sponsored spouses or partners suffering from abuse or neglect. The abuse or neglect could be
perpetrated by the sponsor or a person related to the sponsor, whether or not the abuser is living in the same household or not during the conditional period. • An exception would also apply in the event of the death of the sponsor during the conditional period. “There are countless cases of marriage fraud across the country,” said Immigration Minister Jason Kenney recently. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system. Sometimes the sponsor in Canada is being duped and sometimes it's a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.”
Several other countries have similar conditions for spousal applications and it is expected that the new rules will deter marriage fraud. While Canada welcomes genuine applications from spouses and partners, Canadians do not want scammers taking advantage of their generous welcome.
Rhonda Williams is a Regulated Canadian Immigration Consultant. She has worked as an immigration consultant since 1996. Prior to that time, Rhonda worked as a Canadian Visa Officer in India and Thailand for several years. Rhonda also teaches in the UBC Certificate in Immigration program and is on the Board of Directors of the Immigration Consultants of Canada Regulatory Council. She is a frequent guest speaker on immigration across the country.
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Providing immigrants, refugees, new Canadians and visible minorities with the following information: • Banking and Budgets • Housing • Health (Physical and Mental) • Community Supports Example: Family Resource Center, YMCA, Recreation Centers • Connections to Federal and Provincial Programs and Services such as: Child Tax Benefits, s, Medical Service Plan and Income Assistance • Adjustment to life in Canada; Rights and Responsibilities • Guide through the Education System • Stress Support (Ie: Culture shock) • Permanent residency renewal and citizenship preparation Community Connections • Connecting volunteer community members with English Language Services for Adults ELSA immigrants for mentorship, organized community Providing free English classes for eligible adult Canadians; activities and events focusing on speaking, reading, writing and listening skills. • Beginner to Intermediate classes Child-minding • Helpful class themes address: housing, banking, work, • Complimentary child care for pre-registered children of health, education, transportation, Canadian Culture and parents enrolled in our programs. much more • Computer assistance and training • Make new friends, contacts and connect with the community y
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