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April 11, 2011

Five-year Bar on Sponsorship

Citizenship and Immigration Canada is proposing amendments to section 130 of the IRPR in the hopes that it will strengthen the integrity of the Canadian immigration system by deterring fraudulent relationships as well as clarify portions of the existing regulations with regard to sponsorship.

The relevant section 130 sets out the requirements an individual must meet in order to sponsor a foreign national as a member of the family class or spouse/common-law partner in Canada class. The government is taking these additional measures to deter those individuals who would otherwise use a relationship of convenience as a means of circumventing immigration laws. The proposed five-year requirement states as follows:

“A sponsor who became a permanent resident after being sponsored as a spouse, common-law partner or conjugal partner under subsection 13(1) of the Act may not sponsor a foreign national referred to in subsection (1) 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 referred to in subsection (1) is filed by the foreign national.”


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