][bNew Rules for Spousal Sponsorship[/b]
Two new rules have been added for cases of spouse/common-law partner sponsorship. They are the following:
1. 5-Year Restriction on Sponsorship (March 2nd, 2012)
Canadian Permanent Residents who were sponsored as a spouse/common-law partner cannot become a sponsor themselves until they have been a Permanent Resident for 5 years.
In this way, fraudulent applicants will not be able to manipulate the program and sponsor a partner living abroad.
2. Two-Year “Legitimate Relationship” Regulation (October 26th, 2012)
This rule applies to spouses/partners who have been in a relationship for two years or less and who have no children in common with their sponsor at the time of application submission.
Once in Canada, the sponsored individual will receive conditional Permanent Residency. They must live with their spouse/partner in a ‘legitimate relationship’ for two years, or face the possibility of having their Permanent Residency revoked.
Exceptions will be made for sponsored spouses or partners who are suffering from abuse or neglect.
The Logic Behind the New Rules
Fraud is always a concern in spousal sponsorship applications because of the somewhat subjective nature of the relationship. Marriage fraud can take a number of forms. Sometimes, a Canadian citizen or Permanent Resident is duped by a foreigner who feigns romantic interest and convinces them to become a sponsor. Other times, intricate marriages of convenience will be undertaken, often with a cash incentive for the involved parties. Fraud disadvantages those who have applied in good faith and waited patiently to bring their loved ones to Canada.
“There are countless cases of marriage fraud across the country,” said Immigration Minister Jason Kenney. “I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system.”
By placing restrictions on spousal sponsorship, it is hoped that incentives for committing fraud will be greatly reduced without discouraging genuine applicants. Other countries, such as Australia and the United Kingdom, have imposed similar restrictions with success. It is hoped that Canada will follow in their footsteps, and no longer be seen as a ‘soft target’ for fraudsters.