New regulations were put into action on October 25, 2012 in an attempt to stop marriage fraud in Canada. These new laws will require sponsored spouses to remain in a relationship with their sponsors for a period of at least two years. Marriage fraud has become a large problem in Canada. According to Citizenship, Immigration and Multiculturalism Minister Jason Kenney, “There are countless cases of marriage fraud across the country.” Efforts to prevent people from marrying for the sole purpose of obtaining permanent resident status have been ongoing. These new regulations have been a long time coming as similar laws are already in place in many other countries.
Permanent residents who were sponsored within the last two years and who have no children with their current sponsor will now need to stay in the relationship for two years or risk losing their permanent resident status. There must be some evidence that the relationship is genuine and not simply a “marriage of convenience.” In some cases of marriage fraud, Canadian citizens are being victimized by their partners who enter into the relationship with the goal of obtaining citizenship and then leaving their partner. Other cases include the exchange of money in which Canadian citizens are accepting money to marry and sponsor non-Canadians into Canada. Canadians are now standing up against marriage fraud with groups such as Canadians Against Immigration Fraud (CAIF) and the Canadian Marriage Fraud Victims Society joining Minister Kenney and the CIC in their fight against marriage fraud in Canada. Canadian Marriage Fraud Victims Society founder, Palwinder Singh Gill, supports the new regulations, stating that “Canada’s generous family sponsorship program was being abused because many people were marrying only to get a permanent resident card and then leave their partners. With this rule, those abusing the system will think twice.”
Anyone who applies or has applied for permanent resident status whose application was received on or after October 25, who is in a relationship with their sponsor for less than two years, and who does not have children with their sponsor at the time of their application, will now be given conditional permanent residence. Conditional permanent residence differs from regular permanent residence only in that you must remain in a legitimate relationship with your sponsor for that period of time. Citizenship and Immigration Canada (CIC) believes that enforcing this two year condition will reduce the amount of marriage fraud in Canada. In the past, Canada was considered a “soft target” for those who wished to bypass Canada immigration laws in order to become permanent residents under the Spousal Sponsorship program. These new regulations will hopefully put an end to marriage fraud in Canada. Other measures to prevent marriage fraud in the past include a law which was put in place in March which prevents those who have been sponsored from sponsoring a new spouse for a minimum of five years. This means if you were sponsored by your spouse in the last five years and are now in a new relationship, you are not eligible to be a sponsor until you have been a permanent resident for at least five years. These regulations along with the requirements of the Spousal Sponsorship program, which puts the burden on the sponsors and their partners to prove their relationship is genuine, should greatly reduce marriage fraud in Canada.
Some exceptions to these laws have been put into place which will allow for certain situations to be assessed differently. In cases of abuse or neglect, a sponsored spouse will not be forced to stay with their sponsor for these two years. This also applies in cases where the abuse is coming from a third party who is not the sponsor and who does not live with the couple, such as family members of the sponsor. Applicants who are found to be in a relationship which is abusive will not lose their permanent resident status if they leave their sponsors before the two year conditional permanent residence requirement. Another exception to this rule would allow sponsored spouses to keep their status in the case of a sponsor’s death prior to the two year period.
We want to hear what you have to say on the issue of marriage fraud and these new regulations. Do you think these new laws will put an end to the long-standing problem of marriage fraud in Canada? Do you believe the CIC should take further measures to prevent marriage fraud? Let us know what you think by sharing your opinions here on our blog and/or share this post with your friends and family on facebook and twitter.
If you are a Canadian citizen or permanent resident who has sponsored and/or been sponsored by a spouse or partner and you are not sure how these new regulations may affect you, call our office to speak to an immigration consultant.
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