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Difference between revisions of "Newcomers to Canada and Family Law"
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Newcomers to Canada and Family Law (view source)
Revision as of 22:26, 13 March 2017
, 22:26, 13 March 2017no edit summary
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===Permanent resident spouses=== | ===Permanent resident spouses=== | ||
Under new rules that were introduced in October 2012, sponsored spouses are under a ''conditional'' permanent residency status for the first two years. According to the press <span class="noglossary">release</span> from [http://www.cic.gc.ca/english/index-can.asp Citizenship and Immigration Canada] | Under new rules that were introduced in October 2012, sponsored spouses are under a ''conditional'' permanent residency status for the first two years. According to the press <span class="noglossary">release</span> from [http://www.cic.gc.ca/english/index-can.asp Citizenship and Immigration Canada][http://news.gc.ca/web/article-en.do?nid=703499]: | ||
<blockquote>"The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship."</blockquote> | <blockquote>"The spouse or partner must live in a legitimate relationship with their sponsor for two years from the day on which they receive their permanent resident status in Canada. The status of the sponsored spouse or partner may be revoked if they do not remain in the relationship."</blockquote> | ||
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However, no matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family assets. | However, no matter what, your spouse may still remain responsible for supporting you and your children. If you are married, you will also remain entitled to claim a share in the family assets. | ||
Although your spouse still has an obligation to support you as a sponsor, you will not lose your permanent resident status after the first two-year period if you have to apply for welfare, although you will be expected to try to get support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. Speak to your caseworker right away. | Although your spouse still has an obligation to support you as a sponsor, you will not lose your permanent resident status after the first two-year period if you have to apply for welfare, although you will be expected to try to get support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. Speak to your caseworker or lawyer right away. | ||
===Permanent resident spouses=== | |||
In October 2016, CIC announced that in 2017, it would eliminate the requirement that spouses cohabit for two years before the sponsored spouse is able to obtain full Canadian permanent residence. You may read more about this in the Gazette. [http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-29/html/reg1-eng.php] | |||
This means that when a spouse enters Canada as a permanent resident, that residency will not be contingent on the length of that relationship. | |||
===Non-resident spouses=== | ===Non-resident spouses=== | ||
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===Sponsoring spouses=== | ===Sponsoring spouses=== | ||
If you have sponsored your spouse into Canada, you have certain obligations to continue to provide for your spouse's needs. These responsibilities are for a fixed amount of time, and you will have promised to support your spouse when you signed the immigration forms. You have these responsibilities in addition to your responsibilities under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. A 2004 case of the Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566 held that a sponsor's obligations under a sponsorship agreement were obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support under those acts. | |||
If you have sponsored your spouse into Canada, you have certain obligations to continue to provide for your spouse's needs and the needs of any dependent children. These responsibilities are for a fixed amount of time, and you will have promised to support your spouse when you signed the immigration forms. | |||
You have these responsibilities in addition to your responsibilities under the ''[[Divorce Act]]'' and the ''[[Family Law Act]]''. A 2004 case of the Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566 held that a sponsor's obligations under a sponsorship agreement were obligations between the sponsor and the federal government, separate from the sponsor's obligation to pay spousal support under those acts. | |||
If you are a sponsor and your relationship has ended, <span class="noglossary">contact</span> an immigration lawyer right away to find out exactly what your rights and obligations are. | If you are a sponsor and your relationship has ended, <span class="noglossary">contact</span> an immigration lawyer right away to find out exactly what your rights and obligations are. | ||
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*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet, Sponsorship Breakdown] | *[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet, Sponsorship Breakdown] | ||
{{REVIEWED | reviewer = [[ | {{REVIEWED | reviewer = [[Taruna Agrawal]], March 13, 2017}} | ||
{{JP Boyd on Family Law Navbox|type=chapters}} | {{JP Boyd on Family Law Navbox|type=chapters}} | ||