On June 10, the Conservative government introduced Bill C-37, also known as the Strengthening the Value of Canadian Citizenship Act (“Bill C-37“). The legislation will result in five changes if passed. These are: Regulate Citizenship Consultants Increases Penalties for Citizenship Fraud Strengthen Rules For Residence Requirement Expand Ban on Criminals Becoming Citizens Crown Exception to First Generation Limit Streamlining the Revocation Process 1) Regulate Citizenship Consultants Citizenship consultants are not currently regulated or licensed. Bill C-37 will change this. The amendments will introduce a new s. 21.1 of the Citizenship Act, which will state: 21.1 (1) Every person commits an offense who knowingly represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act. The offense will be a hybrid offense. If the Crown elects to proceed by way of indictment, the maximum penalty would be a fine of $50,000 and/or two years imprisonment. There will be exceptions for lawyers, members of a designated body, and other exceptions similar to those for immigration consultants. In fact, the language in Bill C-37 regarding the regulation of citizenship consultants largely mirrors that in Bill C-35, the Cracking Down on Crooked … Read More
Family Class Undertakings
The spousal sponsorship undertaking is a binding contract between sponsors (and co-signers) and the Minister of Immigraiton, Refugees and Citizenship Canada. Sponsors must provide the sponsored person with basic requirements from the day they enter Canada until the end of the undertaking. They are obligated to repay the government any social assistance payments made to the sponsored person during the undertaking period. In spousal sponsorship applications, the length of the undertaking is 3 years (36 months) from the date of becomming a permanent resident. The Supreme Court in Mavi On June 10, 2011, the Supreme Court of Canada released its decision in Canada (Attorney General) v. Mavi, 2011 SCC 30. The case involved an appeal from numerous Ontario residents regarding relief from the sponsorship undertakings that they had signed to sponsor a family class member. Potential immigrants under the family class are only eligible to apply for permanent residency once a Canadian citizen’s or permanent resident’s application to sponsor them has been approved. Family class immigrants are not assessed independently on their ability to support themselves, as is the case with other immigrants. The burden of showing sufficiently financial wherewithal lies with the sponsor. I have yet to witness a … Read More