One of the quirkier features of Canadian immigration law is the distinction between what is generally referred to as the “Inside-Canada Sponsorship” process and the “Outside-Canada Sponsorship” process. The biggest myth is that if a couple is residing in Canada then they must use the “Inside-Canada Sponsorship” process. This is not true. However, each program contains advantages and disadvantages vis-a-vis the other, and I have provided a list of the key features and requirements of each program below. Inside-Canada Process Outside-Canada Process The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit. The spouse/common-law partner must be in a genuine, conjugal relationship that was not entered into for the primary purpose of acquiring an immigration benefit. The spouse/common-law partner must reside together in Canada. The spouse/common-law partner do not have to reside together in Canada. As well, once a common-law relationship is established, periods of separation will not change their common-law status if there is a short separation that does not sever the common-law partnership. The applicant must live with the spouse/common-law partner inside Canada during the duration of processing. The applicant can live with … Read More
Spousal Sponsorships where the Sponsor Does not Live in Canada
Section 133(2) of the Immigration and Refugee Protection Regulations (the “Regulations”) provides that: A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes [an application to sponsor a member of the Family Class] 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 permanent resident. (Emphasis Added) Immigration, Refugees and Citizenship Canada (“IRCC“) may scrutinize in some detail the sponsor’s intention to actually reside in Canada with their spouse, or to simply get the principal applicant permanent resident status without actually immigrating to Canada. Permanent residents may not sponsor from outside Canada under any circumstances. Questions The Embassy of Canada in the United Arab Emirates previously asked applicants to complete a Residency Questionnaire for their sponsors if they reside outside of Canada. These questions can serve as a useful guide to anyone submitting a family class application where s. 133(2) of the Regulations applies. Is your sponsor currently a Canadian citizen or a Permanent Resident? Is your sponsor currently in Canada? If yes, then how long has the sponsor been physically residing … Read More
De Facto Family Members
Many people are often try to sponsor an adult sibling only to learn that adult siblings (and adult children) are not eligible to be sponsored under the family class. However, in certain cases, such individuals may be eligible for humanitarian & compassionate grounds as de facto family members.
Significant Changes Coming to the Spousal-Sponsorship Program – Conditional PR and Sponsorship Bars
Fresh off his efforts to crack down on crooked consultants, and having just introduced legislation to deter “bogus refugees,” Jason Kenney, the Minister of Citizenship and Immigration, is now focusing his scopes on deterring sham marriages. He has made (or is in the process of making) two significant changes to Canada’s spousal-sponsorship program. While both of his reforms will have its critics, the changes are likely to have the overwhelming support of the Canadian public, and continue the Conservative government’s trend of harmonizingCanada’s immigration system with other Western democracies. The first change is a five-year sponsorship bar for recently sponsored spouses. A previously-sponsored spouse will now be barred from sponsoring a new spouse or partner for the first five years that the previously sponsored spouse is a permanent resident. The government’s objective is to prevent an individual who has been sponsored from divorcing the sponsor and shortly thereafter getting married and sponsoring someone else. This change took affect on March 2, 2012. If you were in the process of preparing a spousal-sponsorship application, and this change applies to you, then I’m sorry toinform you that there was no grace period. You will (likely) have to wait until you have been … Read More
Racial Profiling at Citizenship and Immigration Canada?
Charlie Gillis has an interesting article Macleans Magazine today titled “Who Doesn’t Get Into Canada”. The article analyses a government report titled “Social and Economic Outcomes of Second Generation Youth” in the context of broader trends in Canadian immigration patterns. The government report makes many very blunt observations, including that: Chinese and South Asians are the most likely to have university degrees or higher, and to be employed in high-skilled occupations; and Second-generation youth of Caribbean and Latin American origin don’t fare as well. They tend to obtain lover levels of education than native-born Canadian kids and wind up in less skilled jobs. Mr. Gillis uses this information to provide the first discussion (that I have seen) on the effects of Bill C-50. Passed in 2008, this Bill provided, amongst other things, the Minister of Immigration with the power to: Limit the number of new applications; Reject applications; Decide the order in which new applications are processed; Delay the processing of applications from specific missions abroad in order to speed those from others; and Give priority to qualified skilled professionals applying under the economic class categories. Mr. Gillis notes that the impact has appeared to have been increased wait times for … Read More