What are the fiancée rules? - News - Jamaica Gleaner - Tuesday | February 4, 2014

What are the fiancée rules? - News - Jamaica Gleaner - Tuesday | February 4, 2014

Dear Ms Powell, I was born in Jamaica and I am now a Canadian citizen living in Toronto. I am about to sponsor my fiancée, who lives in Jamaica, to come to Canada as a permanent resident. I heard that there are new conditions and rules that could affect our application. Could you let me know what the conditions are? Will she be able to work under the new rules? What can we expect?

- HJ

Dear HJ,

Generally speaking, as a Canadian citizen or permanent resident, you may sponsor your spouse, common - law partner or conjugal partner, or dependent children (under 22 years) to come to Canada as permanent residents. The key to having a successful application is to provide Citizenship and Immigration Canada (CIC) with solid documentation to show the genuineness of your relationship with your fiancée.

The new conditional permanent residence measure for spouses and partners came into effect on October 25, 2012. Under the new rules, sponsored spouses or partners must now live together in a legitimate relationship with their sponsor for two years from the day they receivepermanent residence status in Canada. They will need to provide proof of the fact that they lived together uninterruptedly in Canada for a minimum of two years. If the parties separate during that period of time or are unable to provide proof of a stable and committed relationship, the sponsored spouse or partner could have the permanent resident status revoked.

This new regulation applies only to spouses or partners in a relationship of two years or less and who have no children in common with their sponsor at the time they submit their sponsorship application.

Therefore, if you have been together with your spouse for at least two years, or have children together, the condition will not apply.

Please be aware that if the condition does apply, you will need to maintain proper records of cohabitation for a period of two years and ensure that you maintain contact with CIC until the condition is met.

Rights and duties as a conditional permanent resident do not differ from those for a regular permanent resident other than the need to satisfy the two-year cohabitation requirement. This means that your spouse is able to work during the two-year period and will be eligible for health-care benefits. She should also ensure that she files her annual tax returns and keeps all appropriate records.

no concerns

If your relationship is legitimate, you have nothing to be concerned about as this is a new rule to prevent marriage fraud and to protect the integrity of the immigration system. It is also a protection for you as the sponsor as if your fiancée is only marrying you to get a permanent residence card and move to Canada, then this could act as a deterrent. It would be difficult to fake her true feelings for two years.

Remember that your fiancée will also need to pass the medical and security checks before a permanent resident visa is issued.

Another caution is that you should ensure that you take care to ensure that you prepare your application accurately and attach all the relevant documents with your application to avoid delay and/or refusal of your application. If you have issues or concerns, consult with an immigration lawyer to guide you with the process.

Deidre S. Powell is a lawyer, mediator, and notary public who is a member of the Jamaican and Ontario, Canada bars, with offices located in Ottawa, Ontario. Her areas of expertise are immigration, real estate, personal injury, family, commercial and administration of estates. Submit your questions and comments to: Email: info@deidrepowell.com. Subject line: Immigration. Tel: 613-695-8777, Twitter: deidrespowell Facebook: jamaicanlawyer