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.
Dec 4, 2011 | Immigrate to Canada, Immigration, New Laws, Skilled Workers
Next year, Canada will be increasing the Federal Skilled Workers Program. Canada will be admitting up to 10,000 more skilled immigrants than in past years.
The increase in the number of workers will help address the demands of the job market, and help decrease years’ worth of pending applications to the program, the government has said.
The current priority of the government is still the economy. Minister Jason Kenney of the Ministry of Immigration and Multiculturalism says that the government recognizes the value of immigration to the Canadian labor market. Unlike other countries, Canada recognized the importance of the contributions made by skilled immigrants, because they add to Canada’s competitiveness in the international arena.
The government expects levels of immigration to remain fixed between 240,000-265,000, although during the next year, a big chunk of this number would be allowed to enter Canada under the Federal Skilled worker program. Just for this year alone, just fewer than 50,000 immigrants were allowed entry into Canada through this program, and that number is expected to increase to just fewer than 60,000 in 2012.
New studies done by the government show that the Federal Skilled Workers Program is successful, with 89% of immigrants who were allowed entry through this program being employed within 3 years, and 95% of those who hired them being very happy with the services rendered.
Minister Kenney says that the government will keep on exerting effort to improve the immigration system, so that it would be more responsive and adaptable to the needs of the labor market. Recently, the Canadian government has announced many changes to the immigration system. Keep an eye on our blog to learn about these as they happen. Of course, if you are interested in immigrating to Canada through the Skilled Worker Program, please give us a call so we can help you file your application today!
Nov 13, 2011 | Immigrate to Canada, Immigration, New Laws
Recently, the Canadian government announced that it will be soliciting feedback and opinions from the public on its intention to make it mandatory for those who want to migrate to Canada to take and pass a series of French or English language tests. Immigration applicants who are aged between eighteen (18) and fifty-four (54) years old would be required to take these language tests. In addition, the ability to both speak and listen to French or English may be tested. This new change, according to Citizenship and Immigration Canada, would best gauge the applicants’ mastery of French or English.
The change offers several choices to those who want to migrate to Canada, but would not want to pay for the language tests. If the applicant has finished his/her education where French or English is the main language of education, then they will have the option of not having to pay for the language test.
According to Citizenship and Immigration Canada officials, possessing the ability to effectively communicate in either or both English or French is a key component to being successful as new Canadian citizens. The government’s intention to make these new language tests mandatory ensures that immigration applicants can speak either French or English at the time of their application for Canadian citizenship, thus making sure that the citizenship program are effective for both the new Canadian citizens, and for the country of Canada.
This new policy raises some questions: How would the public feel towards the new requirement that make it mandatory for immigration applicants to take French/English language tests? What about those who may be unable to read or write in English or French, but have an excellent grasp of spoken English or French? What about those people who can speak excellent French or English, but are incapable of either reading or writing in French or English? If you think this new language testing requirement could affect your citizenship application, contact our firm now to discuss your options!
