Minister Kenney announced on November 4th that CIC is freezing the Parental sponsorship stream (parents and grandparents) for an initial 24 month period, beginning on November 5th, 2011. In other words, no new applications from immigrants to Canada hoping to bring their elderly parents or grandparents will be accepted. The ramifications are obvious: for elderly parents living on their own, without proper care or access to medicine, new immigrants to Canada who counted on being able to sponsor their parents are in for a rude awakening. On the other hand, to compensate for slamming the door shut, CIC has promised to expedite the backlog of 165,000 applications that are sitting in the cue, some waiting up to 8 years to be finalized. This is welcome relief for those with parents who cannot afford to wait any longer.  The government also extended another olive branch by announcing the creation of a “Parent and Grandparent Super Visa”, which allows the parents to obtain long multiple entry visas that allow them to remain in Canada for up to 24 months (instead of 6 months per visit) without having to be renewed. This is in fact a major step forward, as many of those parents languishing with applications that are collecting dust will now be able to hop on a plane and arrive in Canada for a happy two year stay. Finally, the entire parental sponsorship program will be reinvented, though there is no word on what the new criteria will look like. Going forward, it seems that the government is keen to restrict the arrival of elderly people as new immigrants, so I do not foresee a generous program in the future. In this sense, those who have current applications in cue are the ones who stand to benefit. New immigrants hoping to bring their parents to Canada may be left standing in the cold. Many of them will return to their countries of origin as a result, further eroding Canada’s ability to compete with other commonwealth countries to attract the “best and the brightest.”

Immigration Minister Jason Kenney is expected to introduce new regulations later this year focused on curbing marriage fraud, commonly referred to as “marriages of convenience” meant to circumvent Canada’s immigration laws. The proposed regulations will introduce a new “conditional” immigration status where couples must prove that they have lived together for a specific period of time before the sponsored spouse becomes a permanent resident of Canada. Ottawa has stated that the probationary period will be at least two years, although the exact duration is currently unknown. In order to protect victims of abuse, the rules are also expected to include an exemption to the conditional status in cases where domestic violence has occurred. As well, Ottawa plans to implement a five-year ban on sponsors being able turn around and sponsor a new spouse to Canada. Conditional periods of this type are already in place in the United States and Australia. It is both refreshing and welcome to see that CIC is cracking down on marriage fraud. A conditional status, so long as it is restricted to two years, is not particularly burdensome.  However, it will go a long way in exposing and deterring fraudulent applicants. As well, the five-year ban will help make sure that sponsors are truly genuine in their intentions before taking the step of sponsoring a spouse. It has to be remembered that sponsored spouses are obtaining a very important benefit – the ability to permanently live, study and work in Canada - and therefore it is fair to expect sponsors to bear responsibility for those they choose to sponsor to Canada. The bottom line: Canada has always prided itself on its multiculturalism and welcomed new immigrants from all parts of the world.  However, those who seek to abuse Canada’s immigration system pose a threat to the integrity of the system and undermine its legitimacy.  These regulations are a welcome development to limit what Minister Kenney has referred to as the “cat and mouse game” of immigration fraud. CIC sought opinions on marriages of convenience through nationwide online consultations as well as in-person town hall meetings hosted by Minister Kenney Fall 2010. The new regulations also arise out of the intelligence on marriage fraud gathered by Canada Border Services Agency’s team of 62 “liaison officers” located in 48 missions across the globe. The statistics show that attempts to improve overseas screening processes been ineffective. Marriages of convenience continue to be a significant issue, with about 16% of the 46,300 spousal sponsorship applications in 2010 refused for reasons including that the relationship was not genuine. In southern China, where a number of intricate schemes have been discovered, the refusal rate for spouses jumped to 50% in 2008 after Canada increased its focus on marriage fraud in the area. As well, these regulations shift any new responsibilities for seeking out marriage fraud away from visa offices overseas, which will help ensure processing times for spousal sponsorships remain as unaffected as possible.

CIC joins the civilized world by offering ten year multiple-entry visas

More Restrictions Coming to Popular Immigration Programs

CIC Slowly Shifting Processing Inland

New Documentary Requirements for Labour Market Opinions

Consultation Period Extended

Strict Regulations Affecting Work Permits Fast Approaching

Restrictive Changes coming to the Skilled Worker Program

Launch of a Pilot Program to Expand the Post-Graduation Work Permit Program for International Students Graduating from Designated Private Post-Secondary Institutions in British Columbia

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