Canadian Immigration Department Enacts New Marriage Sponsorship Rules

Under rules announced today, sponsored spouses will receive conditional permanent residence upon arriving in Canada and be required to live with their spouse or partner for two years to receive full permanent residence

Citizenship and Immigration Canada (CIC) introduced new spousal immigration sponsorship regulations today to reduce the incidence of marriage fraud. The new rules require sponsored spouses who have no children with their sponsor to be in a live-in relationship with their spouse for two years to get full permanent residence status.

Under rules in place until today’s announcement, a sponsored spouse received permanent residence on the day they arrived in Canada, and subsequently could leave their spouse and retain their residency status in Canada.

Calls to reform immigration sponsorship rules have increased as several high-profile cases, like those of Lainie Towell and Heinz Munz, have brought the issue of foreign spouses leaving their Canadian husbands and wives soon after arriving in Canada to the public’s attention.

The new rules will not apply to sponsored spouses who have a child with their sponsor on the date of their spousal sponsorship application submission. The regulation also includes an exemption for sponsored spouses or partners who suffer abuse or neglect from their Canadian partner or someone related to their partner.

Those not exempt from the regulation must be in a relationship with their sponsoring spouse or partner for two years from the date that they receive their permanent residency or have their status in Canada revoked.

“I have consulted widely with Canadians, and especially with victims of marriage fraud, who have told me clearly that we must take action to stop this abuse of our immigration system,” said Citizenship and Immigration Minister Jason Kenney in announcing the new rules.

“Sometimes the sponsor in Canada is being duped and sometimes it’s a commercial transaction. Implementing a two-year conditional permanent residence period will help deter marriage fraud, prevent the callous victimization of innocent Canadians and help us put an end to these scams.”

Until today’s announcement, Canada was one of the few countries that did not have an initial conditional permanent residence period for foreign nationals sponsored for immigration by a spouse, and consequently, CIC says was considered a “soft target” by criminal organizations seeking to exploit Canadian immigration rules.

Several large-scale marriage scams have been uncovered in recent years, including the case of over 600 people involved in trading marriage sponsorships for money between 2007 and 2009.

Russian Bride Ditches Canadian Pensioner, Collects $25K in Welfare On His Dime

BC resident Heinz Munz is being ordered to pay nearly 25 thousand dollars after his Russian bride left him and began collecting social assistance (Jeff Belmonte)

An elderly Russian woman left her Canadian husband and subsequently collected nearly $25,000 in social assistance payments that have been charged to the 82 year pensioner who sponsored her immigration to Canada, said the Canadian man affected.

In an interview with the CBC, BC resident Heinz Munz said he had no idea that his Russian ex-wife, Polina Telyuk, was receiving social assistance until he received the $24,899.34 bill from the BC provincial government:

“When she applied for assistance, they should have told me. They never did.”

Under Canadian immigration law, a Canadian permanent resident or citizen can sponsor their foreign spouse for Canadian permanent residence, but is financially responsible for any financial assistance their spouse receives from the government for three years from the date they become a permanent resident.

Munz said in the interview that he began paying the bill for Telyuk’s social assistance payments because he feared his home could be seized by the government if he didn’t.

He said he did not suspect there was any thing amiss until his Russian wife, who he had met on the internet, left him, as she was “so nice” to him up to that point. Munz said that the day after Telyuk received her permanent resident papers, she left in a taxi with her daughter, laughing and chatting in Russian.

Possible reforms

Munz complained to the RCMP and Citizenship and Immigration Canada (CIC), but nothing came of it. Allegations of marriage fraud typically do not end in charges being laid, as it is usually difficult to prove the sponsored party broke any law by planning to marry their partner to immigrate to Canada and then leave them.

Experts for years have cited examples like Munz’ to make the case for toughening immigration sponsorship rules. Citizenship and Immigration Minister Jason Kenney said that new rules would soon be put in place requiring sponsored spouses to live with their Canadian spouses for two years to be eligible for permanent residency.

This is similar to a rule in place in the US, which gives a two year ‘conditional resident status’ to sponsored spouses, after which they can apply for permanent residency if they have met all of the eligibility conditions.