(Note from Steven: I met John at the Canadian Bar Association British Columbia branch annual conference in San Francisco. He is currently involved in some fascinating litigation representing an individual who sponsored a spouse only to watch her immediately divorce him after she immigrated. She also left him on the hook for tens of thousands… Continue Reading
Category Archives: Spousal Sponsorship
Guest Post: The Undertaking & Social Assistance Debt
(Note from Steven: I met John at the Canadian Bar Association British Columbia branch annual conference in San Francisco. He is currently involved in some fascinating litigation representing an individual who sponsored a spouse only to watch her immediately divorce him after she immigrated. She also left him on the hook for tens of thousands… Continue Reading
Guest Post: Suing your Spouse for Fraudulent Marriage
(Note from Steven: I met John at the Canadian Bar Association British Columbia branch annual conference in San Francisco. He is currently involved in some fascinating litigation representing an individual who sponsored a spouse only to watch her immediately divorce him after she immigrated. She also left him on the hook for tens of thousands… Continue Reading
Spousal Sponsorship Timeline
Canada’s spousal and common-law partner sponsorship programs have undergone significant changes in the past several years. In a recent backgrounder to a press release, Citizenship and Immigration Canada published the timeline below. The timeline is something that all practitioners should consider showing to clients who are interested in submitting a spousal or common-law partnership application. In brief,… Continue Reading
Conditional Permanent Residency for Some Spousal Sponsorships
On October 26, 2012, Citizenship and Immigration Canada (“CIC”) implemented conditional permanent residency for certain people who immigrate to Canada under the spousal-sponsorship program. The implementation of conditional permanent residency took affect on October 25, 2012, the day prior to CIC publicizing it. The change is not retroactive, and will not affect sponsorship applications which were… Continue Reading
Immigration Appeal Division Must Address Bona Fides Before H&C
The Federal Court has confirmed that s. 65 of the Immigration and Refugee Protection Act requires that the Immigration Appeal Division determine whether an applicant is a member of the Family Class before considering humanitarian & compassionate considerations (“H&Cs“). Accordingly, people appearing before the Immigration Appeal Division in a Family Class appeal should be prepared to… Continue Reading
Significant Changes Coming to the Spousal-Sponsorship Program
Fresh off his efforts to crack down on crooked consultants, and having just introduced legislation to deter “bogus refugees,” Jason Kenney, the Minister of Citizenship and Immigration, is now focusing his scopes on deterring sham marriages. He has made (or is in the process of making) two significant changes to Canada’s spousal-sponsorship program. While both… Continue Reading
Court Discusses Parameters of Spouse or Common-Law in Canada Class
Canadians wanting to sponsor foreign nationals have to decide whether they want to apply as a member of the Family Class or as a member of the Spouse or Common-Law Partner in Canada Class. To be a member of the Spouse or Common-Law Partner in Canada Class, applicants must: be the spouse or common-law partner… Continue Reading