Changes made in the regulations of spousal, common-law and conjugal partner sponsorship by Canada

June 15, 2015
Canada makes changes in common law, spousal, and conjugal partner sponsorship regulations

Latest regulations have commenced from 10 June 2015 regarding the common-law, spousal and conjugal partner sponsorship for the immigration of Canada.

The amendment which is first refers to a minimum eligibility of age. Previously, an international national who was 16 years old was allowed to migrate to Canada as spouse or Canadian permanent resident’s partner. Now according to the latest regulations the age eligibility criteria is raised to eighteen.

The second latest regulation makes telephone, fax, proxy, internet or marriages which are same and inadequate for the sponsorship of the spouse.

In a ceremony of marriage if both the parties are not being present and other person represents it then it is known as the proxy marriage. Fax, telephone and internet marriages are where both the parties are not present but still take part in the wedding over phone, internet, or fax. This also includes FaceTime and Skype.

The individual who takes part in one of the marriage forms can be eligible for Canada immigration as spouse till the marriage is valid in the nation where it has taken place. Under the latest regulation, these marriage forms refer to the “excluded relationships” which are not sufficient for the sponsorship of the spouse.

Officers would be flexible and sensible in case of the compassionate and humanitarian considerations where the safety and wellbeing of the individual becomes a risk factor.

Modifications of the minor were made to the sponsorship bar of five years for the individuals who were sponsored before in order to migrate to Canada as a partner or a spouse.

The following are the modifications:

“A person who became the citizen of Canada or a permanent resident after sponsored as a common-law partner, spouse, or a conjugal partner should not sponsor an international national as a conjugal partner, spouse, or a common-law partner until the sponsor has been a permanent resident or a citizen of Canada for minimum five years immediately after the day when the application of sponsorship is being filed in respect of international national by sponsor”.

The latest changes apply to the applications which are received after the 10 June 2015. The applications which are received before the following date are subject to the old regulations. These changes apply to the temporary and permanent programs of immigration.

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