In following through on a campaign promise, the Liberal Government is preparing to take steps to remove the requirement that sponsored spouses live with their sponsors in a genuine relationship for at least 2 years after they land as permanent residents in Canada. The link is below:
Our office has dealt with many cases for clients on both sides of this issue. We have dealt with cases for sponsors who have sponsored someone only to find their spouse has left them on arrival in Canada and tried to instigate CBSA investigation. We have also dealt with new permanent residents who cannot leave their sometimes abusive or demanding spouses as a result of the two year rule.
As indicated in the article, there are merits to the two year requirement and perhaps the best solution is to allow the two year rule to be imposed by Visa Officer in some cases based on a listed and known criteria. This could both reduce the risk of marriage fraud and also allow visa officers a third option in cases where they are suspicious and might refuse based on suspicion rather than firm evidence. This could reduce the caseload of the Immigration Appeal Division for spousal sponsorships and appeals which could result in reduced hearing times in that system.
It will be interesting to see how the legislation is drafted and how this affects spouses who arrived while the conditional system was still in place. Will persons being investigated under this provision or persons who have upcoming Removal Order hearings or determinations be amnestied or will the removal of this provision only apply to new sponsorships?
Our office has dealt with many cases for clients on both sides of this issue. We have dealt with cases for sponsors who have sponsored someone only to find their spouse has left them on arrival in Canada and tried to instigate CBSA investigation. We have also dealt with new permanent residents who cannot leave their sometimes abusive or demanding spouses as a result of the two year rule.
As indicated in the article, there are merits to the two year requirement and perhaps the best solution is to allow the two year rule to be imposed by Visa Officer in some cases based on a listed and known criteria. This could both reduce the risk of marriage fraud and also allow visa officers a third option in cases where they are suspicious and might refuse based on suspicion rather than firm evidence. This could reduce the caseload of the Immigration Appeal Division for spousal sponsorships and appeals which could result in reduced hearing times in that system.
It will be interesting to see how the legislation is drafted and how this affects spouses who arrived while the conditional system was still in place. Will persons being investigated under this provision or persons who have upcoming Removal Order hearings or determinations be amnestied or will the removal of this provision only apply to new sponsorships?
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