The authorities have recently formulated a regulatory amendment. OP 2 – The Processing Members of the Family Class and, OP 24 – The Overseas Processing of Family Members of In-Canada Applications for Permanent Residence. You may need a tourist visa (TRV) to visit Canada. Colin Singer has been a licensed immigration lawyer in good standing with a Canadian Law Society for over 25+ years. You found a sponsoring employer and you are eager to start your experience in Canada? Therefore, the authorities formulated the latest regulatory amendments. Spousal sponsorship requires the sponsor to give an undertaking of financial responsibility for a spouse or partner. By the way, it should be recalled that several years ago the Government of Canada canceled the so-called probationary period (or “conditional permanent resident status”) for sponsored spouses. You and the sponsored relative must sign a sponsorship agreement that commits you to provide financial support for your relative, if necessary. Canada, H3Z 1T3, Mana Hosseini, B.A., M.B.A., JDPresident, Start Up VisaBusiness Advisory Group, Email: [email protected]Tel: +1 (514) 487-2011 Fax: +1 (416) 644-4675. If you want your parents or grandparents to come visit for a longer period of time, a super visa may be the best solution. You must provide financial support for a spouse, common-law or conjugal partner for three years from the date they become a permanent resident. Canadian citizens and permanent residents have the right to sponsor their spouse, common-law or conjugal partner to come to Canada. This means that if the foreign spouse collected social assistance, the Canadian spouse would have to reimburse the government for any social assistance payments made to the foreign spouse (now a permanent resident in Canada). (3) A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) as a spouse, common-law partner or conjugal partner, unless the sponsor, (a) has been a permanent resident for a period of at least five years immediately preceding the day on which a sponsorship application referred to in paragraph 130(1)(c) is filed by the sponsor in respect of the foreign national; or. The Five-year Sponsorship Bar for Persons Who Were Sponsored to Come to Canada as a Spouse or Partner Summary. Do you want to visit your family and all the beautiful places Canada has to offer? ©Copyright CCIRC Inc. 2020. However, there are many more stories of happy outcomes where couples and families are re-united in Canada and build their lives here. Tel: 1-604-985-9512 5 Year Ban On Spousal and Partner Sponsorship. Thereafter, these individuals could seek to sponsor another spouse or partner. Obtaining a work permit may be the solution for you. 4999 Ste-Catherine St. W, Suite 515 This could happen when individuals enter into non-bona fide relationships for obtaining status in Canada. Interested candidates: Find out whether you qualify to Canada by completing our free on-line evaluation. Montreal, Quebec As of April 28, 2017, the two-year cohabitation condition has been removed. Operational Bulletin 386 – March 02, 2012, The Five-year Sponsorship Bar for Persons Who Were Sponsored to Come to Canada as a Spouse or Partner. Gianpaolo Panusa is a Canadian immigration lawyer, writer, and founder of the PanCanadian Immigration Law Group based in Vancouver, Canada. /* */, New 10 year temporary resident visas coming, You Should Move to Canada in 2019! More information is available here. Readers could obtain further information on this by going through the following operational manuals: The authorities will be updating these above-mentioned operational manuals soon. By Attorney Henry Moyal NEW SPONSORED IMMIGRANTS FACE FIVE YEAR BAN SPONSORSHIP CHANGES Effective immediately, the Federal Immigration department is changing the rules for immigrants who were sponsored to Canada as spouses or common law partners. Read more news about Canada Immigration by clicking here. The table below highlights the scenarios for previously sponsored spouses or partners. This undertaking is valid for three years. Colin Singer has been a licensed immigration lawyer in good standing with a Canadian Law Society for over 25+ years. If you want your parents or grandparents to come visit for a longer period of time, a super visa may be the best solution. Canadian Citizenship & Immigration Resource Center (CCIRC) Inc.Montreal Head Office The Quebec law society regulates the way lawyers are allowed to publish references from former clients. The sponsor has an existing sponsorship undertaking (that concerns a previous spouse or partner) and, The period of this existing sponsorship undertaking has not concluded. However, these regulatory amendments will have no effect on other members of the family class. Follow the link below to find out more. We’re excited to welcome 2019 and start the…, Do you want to live and work in Canada? This rule continues to remain. ©Copyright CCIRC Inc. 2020. One of them is to facilitate family reunification. You have been admitted to your chosen university? We will provide you with our evaluation within 1-2 business days. Canada offers the most established and widely-used investment-based immigration programs conferring permanent resident status. Here’s your opportunity: …. Another relative of any age or relationship, but only under specific conditions. A minor editorial change to subsection (2) and, A new subsection (3) – which makes the five-year sponsorship bar applicable. We Can Help, If You Want To Move to Canada Hire an Immigration Lawyer, How to Apply for a Canada IEC Working Holiday Visa, Meet Cross-Border Business Immigration Lawyer Evelyn Ackah, How To Maintain Permanent Residence While Living Overseas, Visa Issues Damage Canada’s AI Technology Goals, BC Announces 2019 Pilot Program for Entrepreneur Immigrants, Canada Permanent Residents Convicted of a Crime Face Deportation, Canada Will Welcome 350,000 Immigrants in 2021, You Can Move to Canada to Be With Your Spouse or Partner by December 2019: Limited Time Offer, You Can Become a Canadian Permanent Resident by December 2019: Limited Time Offer. Are you a foreign national exempt from a TRV? The regulatory amendment bars a sponsored spouse or partner from sponsoring a spouse or a partner. To remedy this, the authorities made an amendment to Section 130 of the Immigration and Refugee Protection Regulations (IRPR). Therefore, it permits Canadian citizens and Permanent Residents (PRs) to sponsor their spouse or partner as a Canadian Permanent Resident (PR). Fill out our FREE Immigration Evaluation Form and we will advise you within 48 Hours if you qualify to Immigrate to Canada. You found a sponsoring employer and you are eager to start your experience in Canada? Accompanying relatives of the above (for example, spouse, partner and dependent children). The proposal for a five-year sponsorship bar was prepublished in the Canada Gazette on April 2, 2011, and was open for a 30-day public comment period. (b) has become a Canadian citizen during the period of five years immediately preceding the day referred to in paragraph (a) and had been a permanent resident from at least the beginning of that period until the day on which the sponsor became a Canadian citizen. BC PNP Entrepreneur…, Canadian Permanent Residents are not entitled to the same rights and privileges as citizens. More information is available here. You must provide financial support for a dependent child for 10 years, or until the child turns 25, whichever comes first. This rule will not affect those individuals who purposefully seek out a Canadian solely to gain permanent residence (and ultimately citizenship), however, that will continue to remain a risk for both the Canadian spouse and the Citizenship and Immigration Canada visa officers assigned to evaluating the legitimacy of the relationship put forward for sponsorship. Canada is a desireable place to live and there will always be individuals willing and able to take advantage of unsuspecting Canadians in order to gain entry to this country. (1) Subject to subsections (2) and (3), a sponsor, for the purpose of sponsoring a foreign national who makes an application for a permanent resident visa as a member of the family class or an application to remain in Canada as a member of the spouse or common-law partner in Canada class under subsection 13(1) of the Act, must be a Canadian citizen or permanent resident who: (2) A sponsor who is a Canadian citizen and does not reside in Canada may sponsor a foreign national who makes an application referred to in subsection (1) 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. There were formerly two conditions, namely a five-year ban on sponsoring a new spouse or partner and a two-year requirement for certain couples to remain living together. Do you want to visit your family and all the beautiful places Canada has to offer? Toll-free: 1-800-932-1190 (North America) Find out if you require a visa or an eTA. In the hope of scaring people away from performing sham marriages, the Canadian government is taking swift action against … All rights reserved. The Immigration and Refugee Protection Act (IRPA) has several objectives. The new Regulation reads as follows: 130. Step-by-Step Guide for International Students, How International Students Can Immigrate to Canada, Conditions to Qualify under PEQ – Graduate of Quebec Stream, Financial Requirements to Study in Quebec. These amendments aim at creating a disincentive for a sponsored spouse or partner. Our team of more than 25 licensed lawyers, immigration consultants and technical staff is ready to provide you with the immigration advice your need. Receipt of the sponsorship application prior to the coming into force of the regulatory amendment, Not subject to the five-year sponsorship bar, This is regardless of the date when the sponsor became a Permanent Resident (PR), Receipt of the sponsorship application on or following the day when the regulatory amendment came into force.

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