Changes to Regulations Amending The Immigration Sponsorship Act

Although non bona fide relationships are prohibited under the IRPR, they are often a challenge to identify and substantiate. Additional measures are needed to deter individuals who might otherwise use a relationship of convenience from circumventing our immigration laws in order to protect the integrity of our immigration system. The objectives of the proposed amendments are to:

• (A)
strengthen the integrity of our immigration system by creating a deterrent to relationships of convenience; and
• (B)
clarify portions of the existing subsection 130(2) of the IRPR with regards to sponsorship.

Prove of bona fide relationship

amendments to the Immigration and Refugee Protection Regulations specifying that, under the family class or the spouse and common-law in Canada class, a spouse or a common-law or conjugal partner who is in a relationship of two years or less with their sponsor at the time of sponsorship application would be subject to a period of conditional permanent residence. The condition would require that the sponsored spouse or partner remain in a bona fide relationship with their sponsor for a period of two years or more following receipt of their permanent residence status in Canada. Only cases targeted for fraud would be reviewed during the conditional period. Permanent residence could be revoked (leading to initiation of removal) if the condition of remaining in a bona fide relationship was not met. For all other cases, the condition would be automatically lifted after the specified conditional period had elapsed. Beyond the requirement to satisfy the condition, the conditional permanent residence would not differ from permanent residence.

Five-year requirement

A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner may not sponsor a foreign national as a spouse, common-law partner or conjugal partner, unless the sponsor became a permanent resident not less than five years immediately preceding the day on which the application is filed by the foreign national.

Please refer to link below for more information:

• GOVERNMENT NOTICES DEPARTMENT OF CITIZENSHIP AND IMMIGRATION
• REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS