Welcome to your newest ICCRC Entry to Practice Exam Prep lesson on Spouse, Common-Law and Conjugal Partner Family Member Sponsorship.

Estimated study time: 6 hours

 

Guide 3900 – Sponsorship of a spouse, common-law partner, conjugal partner or dependent child living outside Canada

http://www.cic.gc.ca/english/information/applications/guides/3900ETOC.asp#3900E2

Applying for permanent residence from within Canada: Spouse or common-law partner in Canada class (IMM 5289)

http://www.cic.gc.ca/english/information/applications/guides/5289ETOC.asp#5289E2

Civil Marriage Act – (To understand what constitutes a legal marriage in Canada)

http://laws-lois.justice.gc.ca/eng/acts/c-31.5/page-1.html

Operational Bulletin 633 – December 15, 2016: Operational changes to the spousal sponsorship program

http://www.cic.gc.ca/english/resources/manuals/bulletins/2016/ob633.asp

Information for Sponsored Spouses or Partners

http://www.cic.gc.ca/english/resources/publications/family-sponsorship.asp

Determine your eligibility – Sponsor your spouse, partner or children

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

IRCC Help Centre: Sponsoring your family

http://www.cic.gc.ca/english/helpcentre/questions-answers-by-topic.asp?top=14

Sponsor your spouse, partner or children

http://www.cic.gc.ca/english/immigrate/sponsor/spouse.asp

IP 8 Spouse or Common-law partner in Canada Class (From May 2015!)

http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

IP 2 Processing Applications to Sponsor Members of the Family Class

http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf

Operational Bulletin 613 – June 11, 2015 – Instructions – Excluded relationship – Proxy, telephone, fax, internet or similar marriage forms where one or both parties not physically present

http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob613.asp

Operational Bulletin 624 – June 13, 2016 – Processing measures to reduce the in-Canada spousal application inventory

http://www.cic.gc.ca/english/resources/manuals/bulletins/2016/ob624.asp

A12(1), A63(1)

R2, R4, R5, R10(4-6), R11(5), R12

R117(9-11), R119, R120, R123 -126, R127, R130-137

 

 

Important cases

 

Kumari v. Canada shows us a great example of the steps involved in sponsoring family members, especially the fact that if a sponsor does not meet the requirements of sponsorship, they have the option of cancelling the sponsorship application before it gets analyzed by the IRCC (since it will almost certainly be rejected if the sponsor is not eligible).

In the successful application for leave for judicial review of Saroya v. Canada, we can see some further details as to how a marriage is analyzed as genuine or not by IRCC officers. Some of the reasons for the initial rejection of this sponsorship are: the apparent haste of the wedding; a lack of compatibility between the Applicant and spouse in areas such as age, education and marital history, previous marriages, etc.

Can a married couple who do not live together or inform their families of their marriage be successful in proving the marriage is genuine? Burton v. Canada explores this issue and the circumstances surrounding the marriages in viewing the marriage as not-genuine.

Uddin v. Canada is a very complex spousal sponsorship case which shows the relationship between someone who is inadmissible and needs an ARC even though they are being sponsored as a spouse. It is demonstrated that the requirements for H & C relief in this instance is very high.

S.S.R. v. Canada is a great case to help you understand the importance of proving that a marriage was not entered into primarily for the purpose of acquiring immigration status.

Buchgeher v. Nova Scotia (Immigration): This is a great case to read in order to learn the fine details of the 5-year sponsorship bar.

Should an Afghan refugee who was granted PR in Canada be expected to live in the area he was fleeing from in order to prove his spousal relationship with his wife? Rahimi v. Canada explores this situation in spousal sponsorship with the answer being ‘no.’

Brar v. Canada  is an example of someone who can’t sponsor his current wife because of violent crime against previous spouse.