Program for Out of Status Construction Workers

13th Jan 2022 Comments Off on Program for Out of Status Construction Workers

Last Updated on January 13, 2022 by Steven Meurrens

The following are several Memorandums to the Minister about the immigration program for out of status construction workers.

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Divorce of Convenience

7th Jan 2022 Comments Off on Divorce of Convenience

Last Updated on January 7, 2022 by Steven Meurrens

Regulation 4.1 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (the “IRPR“) provides that:

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

This section is often referred to as prohibiting “divorces of convenience.”

Jurisprudence

In Fang v. Canada (Citizenship and Immigration), 2020 FC 851, Madam Justice Walker explained that regulation 4.1 of the IRPR “prevents a couple from appearing to dissolve an existing relationship to permit one spouse to obtain immigration status in Canada, for example through a non-genuine relationship with a Canadian citizen [or permanent resident], only to subsequently resurrect the initial relationship.”

Madam Justice Walker also stated that section 4.1 is premised on three conjunctive elements to determine whether someone is caught by the provision.  Justice Southcott succintly summarized the test as follows in Zhang v. Canada (Citizenship and Immigration), 2021 FC 744:

  1. the immigration applicant and the Canadian sponsor had a previous marriage;
  2. the previous marriage was dissolved primarily so that the immigration applicant, the Canadian sponsor, or another foreign national could acquire immigration status or privilege in Canada; and
  3. the immigration applicant and the Canadian sponsor subsequently began a new conjugal relationship.

In Clarke v.

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