Ottawa Makes Key Changes to Spousal, Common-Law, Conjugal Partner Sponsorship Laws

As per some reports, as of June 10, this year, several new laws have become effective related to spousal, common-law, and conjugal partner sponsorship for immigration to Canada.

The first change refers to the bare minimum age of eligibility. Earlier, a 16-year-old person from abroad was in a position to move to the nation as either a spouse or partner of an either citizen or permanent resident of the nation. But, as component of the latest rules, the bare minimum age of eligibility has been increased to 18.

Allegedly, the same is component of the administration’s effort to shield women and girls from child, early, and forced weddings in the wake of the recent focus of the regime on addressing the weakness & persecution of women in the context of overseas movement. The improvement aligns with the definitions of the Maple Leaf Country and the United Nations (UN) of a child being anybody under 18 years.

But, there are two aberrations to the change. In the case of spouses and partners below 18 years who are still reliant on their parents, the people will be regarded as dependent kids and/or in reality family members, instead of spouses.

For spouses and partners less than 18 years in refugee camps, officials are duly directed to review people on a case-by-case ground providing flexibility and sensitivity to defenseless candidates. The said candidates can be regarded actually dependents. In case they do fail to be entitled as such, they may be regarded on humanitarian & compassionate basis.

In addition, a second new law makes proxy, telephone, internet, fax, or any other similar weddings insufficient for spousal sponsorship.

Proxy weddings refer to weddings in which either one or both parties are not there at the wedding service, and are so duly represented by a new individual. Internet, telephone, and fax, weddings refer to weddings in which either one or both parties are not physically there; however, they take part in the solemnization of the wedding through internet, telephone, fax, etc. The same can comprise FaceTime & Skype.

Earlier, a person, who participated in one of these types of wedding, could be qualified to move to the Maple Leaf Country as a spouse, provided the marriage was legally official in the nation in which it occurred. But, under the latest regulation, these kinds of wedding are referred to as “excluded relationships”, and are not any longer considered satisfactory for spousal sponsorship.

Akin to the first change, the latest regulation was allegedly made in an effort to protect against the persecution of defenseless women. These types of wedding can make possible forced weddings due to the increased difficulty of guaranteeing consent since either or both of the parties are not physically there.

Yet again, there are exceptions to this improvement.

In case the person–who is not physically there at the solemnization of the wedding, happens to a member of the Armed Forces of Canada & was not there due to travel relating to his or her service–the wedding could still be regarded legally binding.

In case the marriage comes under the class of “excluded relationships”; however, the person fulfills the description of a common-law partner, the petition will keep on duly being processed under the relationship status class of common-law partner instead of spouse.

Finally, in the case of humanitarian and compassionate considerations in which either a persons’ security and/or welfare is at danger, officials will be rather sensitive and flexible with the latest laws.

Additionally, small changes were made to the 5-year sponsorship limit for individuals who were earlier given sponsorship to arrive in the nation as either a partner or spouse.

Each of the latest amendments is applicable just to petitions obtained on or after June 10, this year. Any petitions obtained prior to the given date will be subject to the preceding laws. These changes are applicable to every temporary & permanent immigration schemes.