Spousal Sponsorship Rules Introduced By Canadian Government

By Michael Niren October 25, 2012 (Updated February 4, 2020) 2 min. read

The Government of Canada has announced that the long-discussed spousal sponsorship rules are now in effect. These rules will have a big impact on marriage immigration in Canada, and sometimes not for the better.

On December 15, 2016, the Liberal Government of Canada announced a number of major changes to the family sponsorship immigration process.

Spousal Sponsorship Changes:

These changes make the process of sponsoring a spouse to Canada more efficient than ever, but do not affect substantive regulatory or legislative family sponsorship requirements. Although it is now possible to sponsor a husband or wife to Canada faster than ever before, applicants will still need to demonstrate to Immigration Canada that all requirements for Canadian permanent residence sponsorship have been satisfied. The forms required to sponsor a spouse for immigration to Canada have also changed, so be careful not to use an outdated document checklist.

Spousal Sponsorship Rules in Place to Combat Marriage Fraud

Immigration marriage fraud is a fraudulent exploitation of the Canadian spousal sponsorship program as a way to obtain permanent residency. In some cases, two people will marry in order for one person to obtain permanent residency, all the while their marriage is not legitimate and one of the spouses will soon split. In some of these cases, both spouses knowingly commit the fraud, while in other cases, the sponsoring spouse has been “duped” and the spouse they’ve sponsored simply takes off.

In worst case scenarios, the sponsor has been tricked and the sponsored spouse starts collecting welfare which the sponsor is responsible for paying back.

Unfortunately, while these cases are very rare only the worst of them seem to make the news.

What Are the Spousal Sponsorship Rules?

When an individual sponsors someone to live in Canada as their spouse from another country, the two must live together in a “legitimate” relationship for two years, otherwise the sponsored spouse will lose their permanent resident status and could face deportation from Canada.

The rule, still in effect as of 2020, is only for couples who have been married for less than two years and who do not have any children.

One of the main concerns is that a spouse who is being abused by their sponsor will be too scared to leave the dangerous situation for fear of losing their permanent resident status. The government claims that if there is evidence of abuse the two-year requirement will be waived… but how many people who are in a domestic abuse situation are able to stay safe and get help, let alone deal with immigration department bureaucracy?

If you are an honest couple, you shouldn’t have anything to worry about – but how do you prove your marriage is “legitimate” when the love you feel for one another is an intangible thing? It can be difficult.

If you need assistance with your spousal sponsorship proceedings or are concerned about losing your permanent resident status in Canada, please contact us right away.

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Lisanne Cholette

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BERLITA COLLADO

I am so very thankful to the VISAPACE team for making it all come true and possible from my Open Work Permit to my Permanent Residence, you make it all happen .Thank you very much from the bottom of my heart , Thank you for being part of my achievements. Now I am now a Permanent Residence through the effort, power and knowledge of VISAPLACE LEGAL TEAM.
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kevin geoffrey

Visa place helped me with my daughter’s sponsorship 3 years ago. Last week I contacted them for some clarification on a different matter. It was about an issue which technically was a problem of CIC’s software glitch and had nothing to do with Visa Place.
Yet Reena Sandu was assigned for my case. she helped me with enthusiasm and showed no hesitation despite me being an ex-client from 3 years ago.
I was very happy that even after 3 years of finishing business, Visa Place were respectful of their clients. Special thanks again to Reena for her enthusiasm and support.

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Nessie Leigh Ilarde

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