Nuances of family sponsorship in Canada

Another significant amendment to the immigration legislation was introduced in October 2012 regarding conditional sponsored spouse permanent residency. It was enacted to both enhance the protections afforded to Canadians whose good feelings are often abused in order to seek permanent residency in Canada, and to prevent the use of marital sponsorship for sham marriages in Canada.

If the spouses separate, even for a temporary period (except for short business trips), the sponsored spouse’s permanent residency status will be immediately revoked, and the person will be required to leave the country. But there may be exceptions in the case of evidence of neglect, physical, psychological, material abuse, and bullying.

The essence of the amendment is that if the spouses have been married for less than 2 years and there are no children, the sponsored spouse will only be granted permanent residency in Canada for a period of 2 years, during which time the married couple must live together.

In addition, according to the same June 2015 amendment, if there is a further divorce after 2 years, the sponsored spouse loses the right to sponsor their other half when they remarry within the next 5 years.

 

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