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The Ghanaian News March 2013
IMMIGRATION AND SOCIAL ISSUES By: James A. Kwaatemg, B.A. (Hons), LLB (Hons)
Ongoing Changes to improve “the Integrity of Canada’s Immigration System” The Government of Canada is deeply concerned with people jumping the immigration line to gain entry to Canada and people acquiring permanent residency or citizenship through fraudulent means. In a desperate bid to address these concerns and “improve the integrity of Canada’s immigration system”, the Government has made a number of changes to the Immigration system in the past few years and the changes are ongoing. Among the changes is the Government’s recent implementation of measures to deter people from using marriages of convenience to come to Canada. Under these newly-introduced measures which came into effect on October 25, 2012, a sponsored spouse or partner, with few exceptions, would be subject to a conditional permanent residence measure and must live in a legitimate relationship
should also be noted that, for some time now, there has been a requirement for sponsors to wait for three years after the sponsored spouse or partner has been granted permanent resident status before they can sponsor another spouse or partner. with his or her sponsor for two years from the day he or she becomes a permanent resident. It would therefore be in the interest of a prospective sponsor of a spouse or partner to know the exceptions prior to submitting a sponsorship application. Apart from the conditional permanent residence measure described above, the Government has also introduced a sponsorship bar requiring sponsored spouses or partners to wait for five years from the day they are granted permanent resident status in Canada before they can sponsor a new spouse or partner themselves. It
The Government of Canada also expresses great concerns regarding residency requirements as related to maintaining one’s permanent resident status and acquiring citizenship of Canada. The Government claims to have uncovered over 11 , 0 0 0 c a s e s w h e r e individuals from over 100 countries lied about their presence in Canada to keep their permanent resident status or to become Canadian citizens. To combat residency fraud, the Government has introduced stricter measures to determine applicant’s eligibility to keep his or her permanent resident status or to become a Canadian
citizen. Prospective applicants for Canadian citizenship and those who apply to renew their permanent resident cards should therefore make sure they meet the residency requirements of minimum of 1095 days physical presence in Canada within a four-year period and minimum of 730 days physical presence in Canada within a fiveyear period respectively. The international student program is also within the radar of the Government. Several changes have been proposed to the current student visa program and in the next three years there could be conspicuous changes. Student visa applicants might be affected by the system of collecting biometric data for all visitors to Canada. There could also be an enhanced reporting by institutions on the academic activities of the students within the campuses, including monitoring expiration
date of study permits. The requirement for students to study in order to be able to remain in Canada will be strictly enforced in the near future. The asylum system has also undergone numerous changes. On December 15, 2012, the Government changed Canada’s asylum system conspicuously claiming the changes would be of great advantage to refugee claimants who truly need assistance and protection because hearing of asylum claims would be expedited. Under the new measures, new and several forms will be filled out by people who make refugee claims from inside Canada adhering to strict time limits. Canada has, under the new refugee system, compiled a list of “Designated Countries of Origin (DCOs)” made up of countries that do not normally produce refugees but respect human rights and offer
state protection. Before the introduction of DCOs, the Government had created another category of refugees known as the Designated Foreign Nationals (DFNs) - a term applied to claimants who arrive in a group in an irregular manner. The two categories of refugee claimants – DCOs and DFNs - are treated differently from other refugee claimants. Several areas of immigration are undergoing changes. I would therefore advise prospective immigration applicants to seriously consider seeking advice on issues they do not properly comprehend to avoid committing serious and avoidable mistakes. James A. Kwaateng is an Immigration Law Practitioner who has his offices located at 168A Oakdale Road, Suite 4, Toronto, Ontario. For a thorough discussion of your immigration and related legal issues, you may contact him at telephone number (416) 743-2758.