Sponsored spouses must be in relationships for two years
After months of consultations with the public across Canada on preventing marriage fraud for immigration purposes, the federal government has put forth a new proposal for spousal sponsorship applications: those coming to Canada to be with someone already in Canada would have to be in a relationship with them for two years in order to get permanent residence.
If the relationship hasn’t reached the two-year mark yet, the person in a relationship with their sponsor only receives conditional permanent residence. And if they break up, the status could be revoked and the person deported from Canada. This is similar to the rules in place in the US for I-130 Spousal Petitions.
New spousal sponsorship rule could hurt those in abusive relationships
While the new rule would make it even more difficult for anyone in an abusive relationship to get out because of the fear of being deported from Canada, the government is also planning on creating “a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action.”
While there is merit to this idea, I am concerned that the two year requirement may lead to further abuse, the opposite of its intent. Â I would like to see more detail on how exactly these proposals will play out. In abusive relationships, what kind of proof will be required to exempt an applicant from the 2 year requirement? The fear of coming forward and facing possible deportation for persons in abusive relationship may be just too overwhelming to bear. Therefore I am not convinced this will all work in the real world.
The proposal is now available for public input for the next 30 days.
President & CEO
Michael Niren
Mr. Niren is CEO of VisaPlace LLC and the President and Managing Partner of VisaPlace Legal Canada, an immigration law firm based in Toronto, and VisaPlace Legal US a law firm registered in The District of Columbia, USA. Mr. Niren is a graduate of Osgoode Hall Law School in Toronto, a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section, American Lawyers Association, and an Associate Member of the American Bar Association.
