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, […]

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I recently met with an individual who was given erroneous advice.  She was told that she should not file an “Application for Permanent Residence from within Canada – Spouse or Common-law Partner in Canada” (“Inside Canada Sponsorship“) because she had dependent children living overseas, and that if she did the Inside Canada Sponsorship her children would not be able to accompany her to Canada. This is not the case. Section 5.11 of Citizenship and Immigration Canada’s Inland Processing Manual 8 – Spouse or Common Law Partner in Canada states that: For dependent children […]

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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) I have dealt with this issue on numerous occasions, and, depending on the visa post, Citizenship […]

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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 […]

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Canadians wanting to sponsor foreign nationals have to decide whether they want to apply as a member of the Family Class or as a member of the Spouse or Common-Law Partner in Canada Class. To be a member of the Spouse or Common-Law Partner in Canada Class, applicants must: be the spouse or common-law partner of a sponsor and cohabit with that sponsor in Canada; have a temporary resident status in Canada; and be the subject of a sponsorship application. Said v. Canada (Citizenship and Immigration), 2011 FC 1245 recently confirmed […]

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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.

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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 […]

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