137
edits
Difference between revisions of "Newcomers to Canada and Family Law"
From Clicklaw Wikibooks
Newcomers to Canada and Family Law (view source)
Revision as of 14:36, 21 August 2017
, 14:36, 21 August 2017no edit summary
Nate Russell (talk | contribs) |
|||
| Line 10: | Line 10: | ||
In October 2012, the Government of Canada introduced a new rule that sponsored spouses are under a conditional permanent residency status for the first two years (with some exceptions). This condition was removed on April 28, 2017. In April 2017, the government introduced a rule that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status. The government notice was [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp published online]. | In October 2012, the Government of Canada introduced a new rule that sponsored spouses are under a conditional permanent residency status for the first two years (with some exceptions). This condition was removed on April 28, 2017. In April 2017, the government introduced a rule that sponsored spouses or partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status. The government notice was [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp published online]. | ||
This means that if your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent residence for the sole purpose of gaining entry into Canada) | This means that if your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, government of Canada will still continue to investigate complaints about marriage fraud (that is, if someone marries a Canadian citizen or permanent residence for the sole purpose of gaining entry into Canada). | ||
The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation. | The change applies to those who were under investigation under the previous rule. That is, if you left your spouse within two years of receiving your permanent resident status and the government of Canada was investigating you under the previous conditional permanent residency rule, they will no longer continue that investigation. | ||
| Line 26: | Line 26: | ||
If you have sponsored your spouse into Canada, you have certain obligations to continue to provide for your spouse's needs and the needs of any dependent children. These responsibilities are for a fixed amount of time, and you will have promised to support your spouse when you signed the immigration forms. | If you have sponsored your spouse into Canada, you have certain obligations to continue to provide for your spouse's needs and the needs of any dependent children. These responsibilities are for a fixed amount of time, and you will have promised to support your spouse when you signed the immigration forms. | ||
You have these responsibilities in addition to your responsibilities under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. A 2004 case of the Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566 held that a sponsor's obligations under a sponsorship agreement were obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support under those | You have these responsibilities in addition to your responsibilities under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. A 2004 case of the Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566 held that a sponsor's obligations under a sponsorship agreement were obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support under those ''Acts''. | ||
If you are a sponsor and your relationship has ended, <span class="noglossary">contact</span> an immigration lawyer right away to find out exactly what your rights and obligations are. | If you are a sponsor and your relationship has ended, <span class="noglossary">contact</span> an immigration lawyer right away to find out exactly what your rights and obligations are. | ||
