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Canada Promulgates new Regulations to Common-Law, Spousal and Conjugal Partner Sponsorship

June 2015, 15
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canada spouse
As of 10 June 2015, new rules regarding the conjugal partner, common-law as well as the spousal sponsorship have come to effort for hassle-free Canadian immigration. According to the new regulations, a prospective individual must be 18 years or over to immigrate to Canada as a partner or spouse of Canadian citizen or resident. Earlier it was 16, but now it has been increased to 18. 

Few of the concerned sources of the nation noted in a statement that the new amendment is a part of Canadian government’s effort to ensure security and protection for women as well as the girls from forced, early and child marriages following the existing government’s new emphasize on addressing discrimination and susceptibility of women in the Immigration scenario. 

Nonetheless, there are two major exceptions to the new regulation. Partners and spouses who are aged below 18 and dependent on their parents are deemed as dependent de facto family members or children instead as a spouse. And for spouses and partners aged below 18 years in camps, officers are asked to evaluate prospective applicant on case by case basis by providing them the flexibility as well as the susceptibility. All these prospective individuals will be contemplated as the de facto dependants. 

Moreover, another new amendment makes fax, proxy, internet, telephone or similar marriages inefficient for spousal sponsorship.  Here the proxy wedding refer to the marriages were one or both the parties will not be physically available at the ceremony and are therefore symbolized by another individual.  And the internet, fax, and telephone weddings refers to the ones where both the parties will not present physically but will indirectly participate in the marriage ceremony via the internet, fax or a telephone or others. 

Earlier, overseas applicants whoever takes part in any of these forms of weddings are permitted to immigrate to Canada as a partner or spouse till their marriage is valid in their native country. However, as per the new amendment all these marriages are considered as excluded relationships and are no longer encouraged for spousal sponsorship. 

Furthermore, in case an applicant who is not physically available at the wedding solemnization is a member of armed forces of Canada and was not available due to some travel related services is still deemed as valid.

If the marriage of prospective applicant falls under the class of excluded relationships but meets the minimum criteria of common-law partner, then the request of that individual gets processed under the relationship category of common-law partner status instead as a spouse. 

Lastly in the considerations of compassionate and humanitarian cases, concerned representatives will be sensitive and flexible with the amendments. 

Apart from the above-listed advancements, few of the minor changes were also made to the five-year sponsorship for individuals who were sponsored to enter the province as a spouse or partner. The new changes are as follows:

A sponsor who has became as a permanent citizen or a resident after being sponsored as partner or spouse is not eligible to sponsor an overseas applicant as a conjugal partner, spouse or a common-law partner except when the sponsor holds a Canadian permanent residency and citizenship or can be the combination of two for a minimum duration of five years prior to the day on which the sponsor has lodged the sponsorship request in the value of foreign national. 

All the new regulations will be applicable only to the requests that have been received on, and after 10 June 2015 said the sources. Notably, applications received prior to the given date will be processed as per the previous regulations. These amendments will apply to all temporary as well as permanent immigration programs.

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