Marva Barrow, Contributor
Canadian Prime Minister Stephen Harper speaks in the House of Commons on Parliament Hill in Ottawa, on Monday, May 29. The new government of Canada has kept its political promise of reducing the Right of Permanent Residence Fee. - REUTERS
GREAT NEWS for sponsors! The new government of Canada has kept its political promise of reducing the Right of Permanent Residence Fee (RPRF) from Cdn$975 to Cdn$490, making it more attractive for potential sponsors and immigrants to migrate to Canada. Applicants in process are also eligible to have their fees halved. As an added bonus, RPRF loans are available to persons sponsoring family members or persons who have submitted an in-land application.
Family reunification was identified as a key objective of Canada's immigration laws in 2002. The Immigration and Refugee Protection Act recognises immigrants' contributions to Canada and provides more attractive offers to economic immigrants, making it easier for them to choose Canada. Similarly, the age of dependents was increased from 18 to 22 years and harsh penalties were introduced for human smuggling, fraud and forged document which carries a maximum fine of Cdn$1,000,000 or life imprisonment or both.
IMMIGRATION CATEGORIES
The three types of immigration categories are: family class;
economic class; and refugee class. If you are a Canadian citizen or permanent resident, 18 years or older and meet the sponsorship requirements, you may sponsor a close relative or family member to become a permanent resident of Canada. Similarly, the sponsored person and his or her dependents must meet certain sponsorship requirements, including being admissible to Canada.
Previously, sponsors living with their spouses or common-law partners in Canada had their spouses uprooted and returned to their country of citizenship, permanent or habitual residence while their sponsorship to obtain permanent residence in Canada was in process.
However, on February 18, 2005, the Immigration and Refugee Protection Regulations were amended to deal with this problem. Couples no longer experience those separation hardships. Spouses or common-law partners are allowed to remain in Canada while their in-land sponsorship applications for permanent residence are considered, regardless of whether or not their spouses or common-law partners have legal status in Canada. This also includes children of spouses or common-law partners whether they live inside or outside Canada.
SAME-SEX COUPLES
Same-sex couples also gained recognition as this union was acknowledged under the Civil Marriage Act on July 20, 2005. While immigration scrutinises the validity of such marriages, relationships between same-sex foreign nationals and their Canadian citizen or permanent resident partners remains questionable. Currently, same-sex sponsorship is limited to the family class in-land sponsorship.
ADOPTED CHILDREN
Immigration laws, however, currently discriminate against adopted children. Children under guardianship will suffer since the provision of guardianship was repealed from the Immigration Act. As such, members of family class are defined as spouses, common-law partners or conjugal partners (opposite sex or same-sex) parents, grandparents, natural and adopted children, brother, sisters and orphaned nieces and nephews.
DEPEPNDENT CHILDREN
It is very important that all dependent children are included in the sponsorship application. Dependent children are defined as:
a) An unmarried son or daughter who is 22 years or younger.
b) A married or unmarried full-time student who is 22 years or older and is substantially dependent on a parent for financial support.
c) A son or daughter who is 22 years or older and is financially dependent on a parent due to a physical or mental disability.
Marva Barrow is the president of Barrow International Immigration Solutions. She can be reached at 416-850-8318. Send direct confidential questions to editor@gleanerjm.com.
