On November 5, 2014, the Leader of the Government in the Senate introduced Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts, otherwise known as the Zero Tolerance for Barbaric Cultural Practices Act (“Bill S-7“). Bill S-7 has mainly received media attention because of its arguably inflammatory title. The actual significant impacts for prospective immigrants and practitioners are: Current Proposed Practising polygamy does not result in a foreign national or permanent resident being inadmissible to Canada. A permanent resident or a foreign national is inadmissible on grounds of practising polygamy if they are or will be practising polygamy with a person who is or will be physically present in Canada at the same time as the permanent resident or foreign national. Marriage requires the free and enlightened consent of two persons to be the spouse of each other. No person who is under the age of 16 years may contract marriage. There will be a new offence that everyone who celebrates, aids or participates in a marriage rite or ceremony knowing that one of the persons being married is marrying against … Read More
Open Marriages and the Family Class
Canadian immigration law allows people to sponsor their spouses or common-law partners to immigrate to Canada. A question that often arises is whether open relationships count. Multiple Spouses or Common-Law Partners Canadian immigration law is clear that a person cannot have more than one spouse or more than one common-law partner for the purpose of immigration. . Section 119(9)(c) of Canada’s Immigration and Refugee Protection Regulations provides that a person cannot sponsor someone if the prospective immigrant is the Canadian’s spouse and (i) the sponsor or the foreign national was, at the time of their marriage, the spouse of another person, or (ii) the sponsor has lived separate and apart from the foreign national for at least one year and either the sponsor is the common-law partner of another person or the foreign national is the common-law partner of another person. On the issue of polygamous marriages, section 13.2 of Immigration, Refugees and Citizenship Canada’s Overseas Processing Manual 2 – Processing Members of the Family Class (the “Guidelines”) further states that: Polygamous marriages Officers must counsel both parties that polygamy is an offence under the Criminal Code of Canada. R117(9)(c)(i) states that a spouse is not a member of the family class if … Read More