Nov 8, 2012 | Family Immigration, Immigration, In the News, New Laws, Permanent Residency
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.
Nov 2, 2012 | Immigration, In the News, New Laws, Processing Times, Skilled Workers
In an attempt to clear up the backlog of Federal Skilled Worker applications, Citizenship and Immigration Canada (CIC) issued a pause on all new Federal Skilled Worker applications as of July 2, 2012. This pause prevented thousands of federal skilled workers from applying for immigration to Canada as it requires foreign workers to have a qualifying job offer or to qualify under the PhD stream.
Many actions have been taken by the government in order to fix the backlog of Federal Skilled Worker applications and allow more federal skilled workers and their families to immigrate to Canada. The Action Plan for Faster Immigration of 2008 was the first step taken by CIC to limit the number of federal skilled worker applications to only occupations which were a priority. CIC took further action to limit the federal skilled worker applications in 2010 and again in 2012 with the Jobs, Growth and Long-Term Prosperity Act. The final step to put a stop to the backlog problem was to place a pause on all new federal skilled worker applications.
Now, Immigration Minister Jason Kenney has announced a new plan which will allow for faster processing times for federal skilled worker applications as well as the possibility of faster processing times for additional immigration programs. In an effort to attract federal skilled workers from around the globe and promote economic growth, CIC will be introducing an Expression of Interest (EOI) system for federal skilled workers. With this system in place, federal skilled workers and their families will have the option of immigrating to Canada and having their immigration applications processed in a period of 12 months or less. This is a huge improvement over the old system which made federal skilled workers wait for years, some as long as eight years, to have their applications processed.
As a result of this new immigration program and the steps taken over the last few years, the backlog of federal skilled worker applications is expected to be cleared by the end of 2014 which will allow new applications for the Federal Skilled Worker Program to be processed as they are received. This new system for processing applications – “a just in time system” – will bring between 53,500 and 55,300 Federal Skilled Workers and their families into Canada. Minister Kenney has stated that “Immigration plays a vital role in our country’s long-term prosperity. By improving our economic immigration system, we can ensure that Canada is competitive on the world stage.” Allowing federal skilled workers to enter the work field more easily and quickly will contribute to Canada’s economic growth and allow Canadian employers to fill shortages in high skill occupations. This new plan is excellent news both for Canada and for federal skilled workers wishing to immigrate to Canada.
More information regarding this new system along with the final regulatory changes and the new selection criteria for the Federal Skilled Worker Program will become available later this year.
We would like to hear from you. Tell us what you think about this new immigration system for federal skilled workers and their families. If you are a federal skilled worker or you know anyone who may benefit from this new plan, we urge you to share, tweet, like, and comment on this issue.
For more information about immigration to Canada under the Federal Skilled Worker Program, contact our office to speak with a certified immigration consultant and find out if you qualify as a federal skilled worker.
Oct 10, 2012 | How to find Employment, In the News, Skilled Workers, Work Permits
Last weekend in Dublin, an international job fair dubbed The Working Abroad Expo, attracted close to 80,000 people in search of work outside of Ireland. Canada has opened the doors to the Irish with a change in the International Experience Canada (IEC) program.
In an attempt to increase the numbers of educated Irish workers immigrating to Canada, Citizenship and Immigration Canada (CIC) plans to allow entrance to nearly double the number of young Irish, between ages 18 to 35, by the year 2014. Canada has seen a huge loss in Irish immigrants to Australia and New Zealand in the last few years; a loss that immigration minister Kenney would like to see reversed.
The IEC now allows young Irish workers to come to Canada with an open work permit for a period of up to a year. Currently, this program can be utilized twice, though the plan is to change it to a one-time 24 month program at the start of this coming year. The only downside to this plan is that there is no guarantee for these workers to remain in Canada once their open work permit expires. Those whose skill level does not allow for them to apply for permanent residency are left with no other options but to return home or find someone who can sponsor them in Canada (a spouse or common-law partner). On the other-hand, for those skilled workers who wish to leave their native land in search of better opportunities in Canada, this program gives them an opportunity to do just that.
To learn more about the International Experience Canada (IEC) program we encourage you to contact our office to speak with an immigration adviser. If you are already in Canada with an open work permit that was issued for only one (1) year, you may be eligible to extend. Those who are in Canada and would like to apply for permanent residence, contact our office today.
Oct 4, 2012 | In the News
New information from Statistics Canada is showing a jump in Canada’s population, making it the G8’s fastest growing country.
This spike in population is, in part, a result of an increase in immigrants coming to Canada to work, study, etc. We are seeing a large number of people from all over the world coming to Canada and staying, even bringing along family members or starting families in Canada.
The population growth increased by 1% as of July 1st, resulting in a population of 34,880,550, and the majority of that growth is a direct result of immigration. Two provinces, Alberta and Saskatchewan, received the largest chunk of the population boom with a growth of over 2% in the last year. Manitoba also had a large increase at 1.2% which is just slightly higher than the 1% increase seen in British Columbia, Ontario and Quebec.
This increase in population is very beneficial for these provinces and for the country as the growing immigrant population allows for economic growth and provides promise to many families hoping to start a new life in Canada.
