Sponsoring Spouse into Canada

Spouse sponsored into Canada will be granted a conditional landing in Canada for two years. Provided the couple remains living together in a conjugal relationship as spouses for two years after the initial grant of permanent residency, the conditional landing becomes permanent. In assessing whether or not the newly arrived spouse is living in a conjugal relationship for the two years, immigration officers may conduct spot checks of the living arrangements of the couple. In these spots checks, called "random assessments" in the new regulations, they will consider a number of factors, including their sexual behavior, sleeping arrangements, dinner habits, financial circumstances and attitude towards children.

These considerations and other very personal queries are aimed at determining whether or not a "conjugal partner" exits and whether it exists under the same roof. The onus to demonstrate compliance with these intrusive issues is on the non-citizen spouse. This means that the person under review may have to provide information on his or her sex life, and other issues, to satisfy an immigration officer that the sponsor and spouse are genuinely living together as a couple.

If an immigration officer decides she is not satisfied that the conditions are met, she would then render a determination that the non-citizen is not a permanent resident, and presumably write them not being in compliance with the law and issue an exclusion order, compelling them to leave Canada without being able to return for a period of year.

As a safety measure against forcing persons in abusive relationships from remaining in unhealthy situations, the two year rule is subject to exceptions for those who are being subjected to physical, sexual, psychological or financial abuse and/or neglect. Neglect is defined in the regulations as the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that result in a risk of serious harm. This is an important protection to ensure that a person is not trapped inside a potentially dangerous situation, believing them unable to escape without losing permanent residency in Canada. A similar policy of protection has been recognized in Canada' humanitarian and compassionate grounds program and guidelines.

However, the law is flawed in a number of ways. Primarily, there is no recognition or exception made for persons who find themselves in relationships which though not abusive, are intolerable for any number of personal reasons including non-compatibility and/ or infidelity. Under the conditional permanent residency, a spouse who has discovered their partner's infidelity or who simply cannot get along with their partner is compelled to remain in the relationship for 2 full years, without any means of extraction, without losing permanent residency. This would even include a spouse who has conceived a child in the two year period and who has clearly entered into the relationship in good faith, believing when he or she applied for permanent residency in Canada that they were entering into a conjugal relationship of permanence.

The new enactment allows no discretion for an officer to factor in basic human frailties or errors in judgment into an assessment of who does and does not deserve to retain permanent residency. For a non-citizen spouse in Canada on condition who has a child within the two years, but who then is left by their sponsoring partner for compatibility issues, this means being forced to leave Canada and possibly taking their child with them. In addition to the loss of support from the sponsoring spouse, the separation of the child from one of his or her parents would also result. Depending on the distance of the spouse's home country from Canada, this conceivably has very serious consequences on the development of that child.

The new law is simply too harsh, not flexible enough and too intrusive. It will create animosity amongst those new immigrant spouses subjected to embarrassing and intrusive questioning and may compel others, who genuinely and in good faith came to Canada as a spouse, to leave without having engaged in any wrongful behavior. The law has potential for being cruel and intolerant. It must be repealed to allow for more flexibility.

How to Legally Move to Canada?

Among the developed nations, Canada attracts maximum visitors across the world. Canada has one of the largest spread of land area and abundant natural resources. Canada is technologically advanced and has a huge service industry blooming with great employment prospects.

Canada is one of the most favored places for immigration as it offers equal opportunity for all, best remuneration, good quality of life, best healthcare facilities, multicultural society and ample employment opportunities.

There are basically two types of visa issued by Citizenship and Immigration department of Canada:

• Temporary visa covers visas for visiting, student, work, care taker and spouse.
• Permanent visa covers visas for investor and business immigrants, skilled professionals and family class.

Both these categories have their own qualification criteria and selection procedures. Some of the basic requirements are clean police record, experience, education, age and language. There are additional specific requirement also which depends on the category applied for and the program.

Temporary Visa

Canada Visitor visa is for duration of six months; it can be extended subject to approval by Citizenship and Immigration department of Canada. Every year 30 million people visit Canada in the form of tourist, students, temporary workers to avail all the opportunities offered by the country. Every year 95000 students from all over the world come to Canada to study. The best part of the student visa is that you are allowed to work in campus. Temporary work permit is issued only when you have a job in hand, the employer has to take approval from Human Resources and Skill development, Canada.

Permanent Visa

Under business immigration program Citizenship and Immigration department of Canada is inviting entrepreneurs, self-employed and investors across the globe to invest and live in Canada. Under the qualification criteria business immigrants should invest CAD $800000 Approx. and should meet some experience and possess certain net worth.

Family visa program aims at uniting the entire family together. Under this program a permanent resident can sponsor his family to live and settle in the country. There are certain clauses under which only family member and not all relatives can be invited.

Federal skilled worker program, Canada is attracting skilled labor across the world in various fields by giving good remuneration, food quality life, free education etc. Citizenship and Immigration department of Canada has published a list of 32 occupations for which they are inviting applications from professionals across the globe. Family visa is for a period of five years under which the immigrant has an option to apply for citizenship and can settle with family after 3 years.

Canada Permanent Residency Visa

Canada is a country in the northern part of North America with natural captivate as it keeps vast opportunities for immigration. The constant economic framework, great education, great quality of life and profitable job options are the things that draw to the nation if you have Permanent Residency Visa. The nation also is known as a tourist spot due to its regional variety and natural sites. 

The Canadian school has the same position as the United States. Canada has the modern lifestyle and about one- fifth of the resident of the country are from outside Canada. The permanent citizens have right to stay, job opportunity and engage in further research in the country. 

Some benefits that the nation offers is quick access to medical care, free education for the child, social security support and an ability to file the case for citizenship of the nation. The guidelines for migrants who want to apply for Canada PR Visa are not that hard. 

A permanent resident is someone who has been given permanent resident status by immigrating to Canada but is not a Canadian citizen. Permanent residents are citizens of other countries. The nation represents double nationality and you need to maintain it. There are two rules for migrants –provisional access and PR in Canada. 

Under provisional access, people can make an application for tourism, education and work. You may make an application for addition in visa when you are in the country. Many immigration visas enable you to get Permanent Residency in Canada. For applying for migrants to the country, the applicant should demand for accepted immigration form.  

Permanent Residency of Canada is one of the prized possessions for certified people across the world. The Canadian government needs qualified and highly certified migrants to improve efficiency of the economic system and they offer Canada PR Visa mainly for this purpose.

How to Get Permanent Resident Status at Canada

Did you know of the opportunities that are open to new residents of Canada? If you immigrate to Canada and become a permanent resident Canada, you get most of the same privileges that citizens have! Because of this, many people are considering immigrating.

One big benefit that is conferred is the right to live and work anywhere in the country. You also get free health care for yourself and your family who live there, and free public school education for your children.

Immigrants can come and go; you can always go visit your home country if you need to do so. You can also bring your family when you immigrate, including your children.

There are safety nets in the Canadian social system for people who are unemployed or in financial crisis. You also receive extra benefits if you have children. Plus, once you have permanent resident status, you can sponsor your family. This means you can make it possible for your parents and siblings to immigrate as well.

The crime rate in Canada is quite low. You also have a high quality of life and standard of living. Because of this, many people want to come. You can even visit the US & UK without a visitor visa.

Once you arrive in Canada, the clock starts ticking. Three years after you arrive, you can apply for full citizenship and your Canadian passport. Once this is granted, you can then open and expand a business into the United States through NAFTA or the North American Free Trade Agreement. You can also get help from the Government of Canada's investor program.

Canada has a wealth of temporary job opportunities for new residents, compared to India and Europe. New residents are given the same status, freedom and rights as citizens. This is very unusual.

Many people want to immigrate to Canada for both economic and lifestyle reasons. Canadian citizenship is a wonderful thing, respected worldwide, and it is open to you if you just relocate to Canada.

Permanent Resident Rules for Canada Immigrants

There is dependably a potential turmoil with regards to securing a permanent citizenship in Canada. As the term recommends, the permanent resident can live in Canada and work without time confinements, not at all like if there should arise an occurrence of a visa. The occupants appreciate a considerable measure of benefits excepting a couple, such as voting rights. On the off chance that you are intending to migrate to Canada and work there, it is a smart thought to go over the permanent resident rules for Canada immigrants. For the individuals who wish to in the end settle down in Canada, the Canada home is a decent beginning stage, as it likewise offers assurance under the Canadian law. 

A standout amongst the most critical permanent resident rules for Canada migrants is that one needs to put in no less than 2 years in the country during a 5 year period. Thus, the individuals who are sentenced wrongdoings or don't meet their commitments, will lose their permanent residency and will be ousted from the country as well. Permanent resident are given a card that they have to use at the season of passage into the nation on business transporters. Curiously, there are different methods for satisfying your residency commitments. You can aggregate residency days to make up the 730 days or 2 years that you are required to spend. 

 

One can simply discover more data about permanent residency from CIC or Citizenship and Immigration Canada, which is in charge of conceding the status. The cases are evaluated and a ultimate choice could be taken abroad or at a Canadian port of passage. In actuality, it is likewise conceivable to bid against the choice of CIC, to the Immigration Appeal Division wing of Immigration and Refugee Board. Those federal skilled workers, who need to apply for permanent residency, will be tried on the premise of their dialect abilities in English. The instructive foundation and work experience will likewise add to the destiny of the application. 

Considering the situations which let people keep up permanent residence even without remaining in Canada for broadened periods, one can state that there is adequate adaptability. Skilled workers who are decided for perpetual habitation experience some evaluation methods. Skilled workers are surveyed in view of all day work over the most recent 10 years in any of the occupations said in the qualified rundown. People are set in any of the 3 classifications, skill type 0, A and B. These are administrative occupations, professional occupations and specialized occupations and skilled traders. This framework is utilized as a part of Canada for grouping employments. 

As of late, there have been changes, for example, disposal of the entire idea that judges an occupant's expectation to forsake Canada. The new Act additionally administers longer non appearances from the nation.