Special Conditions for Spousal Sponsorship – An Overview

Columbus, OH. Canada has a well-established commitment to family values and unity. As such, the government has made consistent efforts to ensure that immigrant families are able to stay together. One of the most popular avenues used by Canadians to bring their loved ones to the country is the Family Class Sponsorship program. Through this program, thousands of family members have received Canadian permanent residency.

One of the most widely used Family Class streams is the Spousal Sponsorship stream, which facilitates immigration for spouses and common-law partners of Canadian citizens and permanent residents. In recent years, new legislation has been introduced to this stream to help ensure legitimate applications and minimize marriage fraud. With these new conditions in place, the government hopes to maintain the integrity of the program as a safe means of bringing loved ones to Canada.

Conditions for Spousal Sponsorship

In October 2012, two new rules were set into place by the government for cases of spousal/common law partnership:

    Five year ban on sponsorship – An individual who has been sponsored as a spouse is banned from sponsoring another spouse for five years after receiving Canadian permanent residency, and;

    Two year legitimate relationship regulation – Spouses or common law partners who have been in a relationship for two years or less, and who have no children together, will receive conditional permanent residency. They must provide proof that they are continuing to live with their spouse or partner in Canada, in a legitimate relationship, for two years. Exceptions to this rule will be made for spouses who are suffering from abuse or neglect, or whose Canadian spouse passes away.

These rules were created in order to prevent marriage fraud. This type of fraud can occur in different ways. In some cases, Canadian citizens or permanent residents can be tricked into sponsoring a foreign national who feigns romantic interest in them in order to obtain sponsorship. In other cases, marriages of convenience are arranged between two different parties. Marriage fraud puts honest applicants to the program at a disadvantage by greatly slowing the processing times for their loved ones’ applications.

“Canada has a strong system set in place for citizens or permanent residents who wish to bring their loved ones to the country,” said Attorney David Cohen. “However, it is important that the government takes to the proper measures to prevent marriage fraud. The rules set in place by Citizen and Immigration Canada will help those who apply to the program in good faith to get the results they want, faster.”

Applying for Spousal Sponsorship

The Canadian government recently released detailed information on how the conditions mentioned above are applied. One such detail is that the condition placed on a sponsored spouse’s permanent residency will automatically be removed after the two year limit is completed, unless the couple is under investigation for fraud concerns. Investigations may take place due to a random audit of their situation, or because suspicion has been raised.

As these rules have been set in place since October 2012, couples that are in the process of applying will not see any changes to the processing of their application.

While Canada is taking a hard line on those who abuse the Spousal Sponsorship system, the door remains wide open for couples who wish to live together in Canada.

London Mayor: London would fall like Sparta without immigration

Boris Johnson

Columbus, OH. The Mayor of London, Boris Johnson, has said that London can only thrive if it continues to welcome immigrants but he has added that, once immigrants arrive, they must be strongly encouraged to integrate into UK society.

Speaking at Investment 2020, an investment conference in London, Mr Johnson, who studied Classics at Oxford, compared the capital to two city states in ancient Greece; Athens and Sparta. Mr Johnson said that London would do better to follow the example of Athens, rather than Sparta, if it is to survive and prosper.

‘Look at Athens and Sparta’ he said; ‘Athens was an open city and Sparta kicked people out. Go and look at the ruins of Athens and Sparta now and ask which of the two cities made the greatest contribution to civilisation’.(Source:workpermit.com)

Border Patrol Agent Rescues Two Men Struggling to Swim in River

Columbus, OH – A U.S. Border Patrol agent saved the lives of two men Saturday, who were struggling to swim in the Rio Grande.

Agents were working near the Pharr Port of Entry when three people suspected of being in the United States illegally jumped in the river to avoid apprehension. While attempting to swim to Mexico, two men began to struggle and were unable to continue.  At that time, an agent jumped into the river and safely brought both men back onto the U.S. riverbank. The third individual safely made it back to Mexico.  One of the rescued men is from Mexico and the other is from Honduras. 

The agent who rescued the two men is detailed into the Rio Grande Valley Sector from the El Centro, Califonia Sector as part of the increase in agents to address the influx of illegal immigrants.

So far for fiscal year 2014, agents have saved the lives of more than 200 people, a decrease of about 45 percent over the same time period last year. Despite a significant increase in apprehensions, a decrease in rescues and deaths is a positive sign that the Border Patrol’s safety initiatives are working.

Illegally entering the United States is extremely dangerous. Extreme weather conditions, combined with rugged terrain, can rapidly cause an individual to become distressed and die from dehydration, exertion or other weather-related illnesses. Unscrupulous human smugglers prey upon the desperation of illegal immigrants and exploit them for profit. Human smugglers are ruthless criminals who view the immigrant not as a human being, but as cargo. Immigrants are urged not to put their safety at risk by illegally entering the United States or circumventing a checkpoint.

The Rio Grande Valley Sector is part of the South Texas Campaign, which leverages federal, state and local resources to combat transnational criminal organizations.

Citizenship and Immigration Canada recieves 157 Applications to Federal Skilled Worker Program

Columbus, OH. The Citizenship and Immigration Canada (CIC) has announced that 157 applications have been received so far for the Federal Skilled Worker Program (FSWP) since the program reopened on May 1st, 157. This is to the  overall cap of 25,000.

A chart released by CIC displays the total number of complete applications counted towards each sub-cap. Each occupation deemed eligible by the National Occupation Code (NOC) has a sub-cap of 1000.

Citizenship and Immigration Canada accepts applicants to the FSW program who have the following qualifications:

    At least one year of continuous and paid (full-time or equal amount in part-time) work experience in a single occupation within the last 10 years,
    Employment experience at skill type 0, or skill levels A or B of the 2011 edition of the Canadian National Occupation Classification, and who are:

    in one of the 50 eligible occupations, and whose application is received under the occupation’s sub-cap and overall FSW cap, or
    with a valid offer of arranged employment, or
    who are applying under the PhD stream, until the PhD cap of 500 applications is reached.

Applicants to the program must also:

    meet the minimum language threshold and submit language test results; and
    submit a Canadian educational credential or foreign credential and an assessment of their foreign education from an approved agency.

Individuals who are interested in coming to Canada through the program have until January 2015 to apply, at which time the government will launch its new Express Entry system.

Nova Scotia Nominee Program Facilitates Immigration for International Graduates

Columbus, OH. International students who have graduated from a Canadian college or university now have the opportunity to easily settle in Nova Scotia after their studies are completed.

The province announced that international graduates with a degree from a Canadian college or university can now apply for permanent residency through the Nova Scotia Nominee Program if they have a job offer from a Nova Scotia employer.

“Now, because of these changes to the Nova Scotia Nominee Program, international graduates will have an avenue to immigrate to Nova Scotia that wasn’t open to them before,” said Durgesh Singh, a student in NSCC’s construction management program.

As previously reported, Nova Scotia’s population is steadily declining due to the high outflow of youth from the province. A recent report stated that attraction and retention of immigrant workers would help to prevent this.

The policy change is also expected to attract attention from prospective international students who are interested in studying in the province.

Chinese investor visa applicants sue Canadian immigration

Chris Alexander

Columbus, OH. More than 1,400 Chinese citizens who had their applications for Canadian permanent residence visas terminated when the Immigrant Investor Program, IIP was closed are suing the Canadian government.They are seeking $5m each in damages.

The 1,400 are part of a class action launched in the Canadian federal court on 4th June 2014 after Canadian immigration minister Chris Alexander announced the closure of the program in February this year.

They have been joined by another 100 disappointed applicants from other countries including Turkey, the UK, South Africa and India.

They are seeking $5m each in damages (and additional damages for each dependant that would have come with them had their applications been successful. Their lawyers argue that their applications were not processed within Citizenship and Immigration Canada's (CIC) target time-frame.

Had they been processed within that time-frame, they argue, their applications would have been processed before the program closed.

The IIP allowed foreign citizens with assets of more than CAN$1.6m to apply for Canadian permanent residence providing they

    Lent $800,000 to the Canadian government and
    Undertook to reside permanently in Canada after receiving their visa.

Mr Alexander terminated the program in February because of 'immigration fraud'. He gave an interview to the South China Morning Post in February in which he said that the program was a failure for various reasons.

He said that it was not really an investor program because all that was required was that applicants should loan money to the Canadian government, rather than make an investment. He added that many of those who received visas under the program did not then go to live in Canada, as the program required.

He told the paper that the IIP only resulted in Canada getting 'soft loans from absentees' and said that he had therefore closed the program and would replace it with a new program which would require applicants to make investments in Canadian businesses rather than loan money to the government.
80% of applicants were Chinese
At the time of closing, the vast majority of applicants under the investor programme were Chinese nationals. There were around 25,000 applications outstanding of which around 80% were from Chinese applicants.

Principle applicants were able to apply for visas for their spouses and dependent children. In all, around 65,000 people were affected by the termination of the program, 50,000 of them Chinese.

The domination of the IIP by Chinese applicants has arisen because of the rise in the number of Chinese citizens with large quantities of disposable income because of the spectacular growth of the Chinese economy. Chinese nationals are often extremely keen to acquire rights of residence elsewhere. (Source: workpermit.com)

Who is not an Immigrant?

Deba Uwadiae

When my book, "The Immigrant on Columbus Way: A True Life Guide To Settling Down As A New Immigrant To The US" was released in January 2014 many wanted to know why we left our country to live in another country, especially beginning all over again. All over again, like seeking a job or starting a business, having an accommodation, going to school and navigating around in the new environment.  

For children, it is an excitement, they just want to explore as many places as their fantasy will permit but for adults with children, it is really challenging. The adults or parents are the hope of the children they brought and they also want to meet their own expectations. 
As a parent one is caught up between pleasing the children and making them comfortable and at the same time being able to provide those things that please the children and sustain the parent as well.

A friend advised when we were about leaving Lagos, Nigeria June 7, 2011 that I settle down my wife and children within six months and return to Lagos. His concern was my businesses - aviation media consultancy, publishing and the Annual Lagos Airport Marathon. These were actually concerns that had taken many years to build and leaving them behind for others to manage or abdicating would be unfair to all the years of pains and efforts to raise those concerns to the level they were in 2011.

Though I did not plan to settle the family down and return to Lagos in six months, I had intended being in Lagos in November 2011 for the Annual Lagos Airport Marathon. It was not to be because we only just moved into our apartment in September and started a new job in November.

Another friend wondered "why do you have to leave and go to another country to start all over again?" My response was "God asked Abraham to leave his home and his people for a land he was going to give him." And this response has been my response when people ask me why I had to leave the country of my birth for a new one.  

Immigration did not start today and will not end today. I grew up in Lagos which is about 400kilometers from Benin City, Edo State where I am from. My grand parents had left their different villages to sojourn in Benin City and hardly did the grandchildren knew or visited those villages or towns before they transitioned. Benin City became our home. My own parents left Benin City for Lagos. Though they have their homes in Benin City they had since retired to their Lagos home because they have built lot of relationship over 50years coupled with the fact that most of their children and grandchildren live in Lagos. 

In my present abode, people leave one State to another and adopt the new State. Wherever they find themselves become home. And using the Bible and history books as guides, people have constantly moved from place to place and are continually moving for different reasons which include economy, social and political. Somehow, everyone has a story of how they immigrated or their parents or forebears immigrated.

Today, I am an immigrant. I have come to love my new abode, Columbus, Ohio, United States of America where we have lived three years this day, June 7, 2014.  

This blog, TheImmigrant, is a forerunner and will regularly publish news on immigrants and immigrations.