Presented by: Atulya Sharman, Barrister & Solicitor South Asian Legal Clinic of Ontario

1. Changes to Spousal Sponsorship applications- Conditional Permanent Residence: What service providers need to know? Presented by: Atulya Sharman, Barrister & Solicitor South Asian Legal Clinic of Ontario

2. Conditional Permanent Residence 2

3. Backgrounder: Why all this happened? Some people abuse spousal sponsorship by entering into marriages of convenience, so that they can sidestep Canada’s immigration law. Marriages of convenience usually take one of two forms: • A couple pretends to be in a genuine relationship, so that the sponsored spouse can come to or stay in Canada. In some cases, the sponsor may be given a financial or other kind of benefit in exchange for the sponsorship; or • One of the partners enters the relationship in good faith, while the other is using the relationship only to gain permanent status in Canada. This victimizes the sponsor. In both cases, the relationship often ends shortly after the sponsored person arrives in Canada. These relationships weaken our immigration system and make the process more difficult for genuine immigrants. Source: CIC 3

4. Legislation: ss. 72.1 to 72.4 of the Immigration and Refugee Protection Regulations. Effective date: October 25, 2012 Conditions: Spouses, common-law or conjugal partners who are in a relationship with their sponsor for two years or less; and Have no children in common with their sponsor at the time of the sponsorship application are subject to a period of conditional permanent residence. The condition requires the sponsored spouse or partner to cohabit in a conjugal relationship (marriage-like) with their sponsor for two continuous years after conditional permanent residence is granted. There are exceptions: 4

5. Exceptions to theconditional permanent residence requirement: Evidence of abuse, including physical, sexual, psychological, or financial abuse; Evidence of neglect by the sponsor, such as failing to provide the necessities of life; Failure of sponsor to protect the sponsored spouse or partner from abuse or neglect during the conditional period, including failure by the sponsor to protect a spouse or partner from abuse or neglect by another person related to the sponsor, whether or not the other person is in the household; or Death of sponsor. 5

6. Examples: Condition applies if: • Couple is married for two years or less; or • Couple dated for four years, but is married for two years or less; or • Couple have been in a conjugal relationship for two years or less; or • Couple has cohabited in a common-law* relationship for two years or less; and • Do not have any children in common. Condition does not apply if: • Couple is married for more than two years; or • Couple have been in a conjugal relationship for more than two years; or • Couple has cohabited in a common-law* relationship for more than two years; or • Have children in common. * Common-law Partner, as described in s.1 (1) of IRPR, means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.

7. How will the new law be enforced? • Enforcement will be carried out primarily by CIC • Random assessment of couples • CIC may investigate tips, complaints, and anonymous reports • CIC may require proof that the sponsor and sponsored person are complying with the 2 year condition • Government’s computer system -Global Case Management System (GCMS) - will record when 2 year condition has been met • Sponsor remains financially responsible for the sponsorship period, even after relationship breakdown

8. What if Condition Not Met? CIC investigates Submissions may be made CIC may write an inadmissibility report 8

9. Consequences • If the sponsored spouse or partner does not meet the condition of cohabiting in a conjugal relationship with the sponsor during the two-year conditional period and they are not eligible for an exception to the application of the condition, their permanent resident status could be revoked. • This only applies to permanent residents whose applications are received on or after the day that the amendments came into force.

10. How to request an exception? • Request is made by calling Citizenship and Immigration Canada Call Centre number 1-888-242-2100 (toll free) • Consider calling with a support person • Provide contact information for a confidential call, where and when you will be safe

11. Concerns How to prove: Cohabitation Conjugal Relationship Abuse/Neglect 11

12. Evidence of cohabitation Evidence that could be used to confirm whether a sponsored spouse or partner is cohabiting with their sponsor may include: • Joint bank accounts or credit cards; • Joint ownership of residential property; • Joint residential leases; • Joint rental receipts; • Joint utilities accounts (electricity, gas, telephone); • Joint management of household expenditures; • Evidence of joint purchases, especially for household items; • Correspondence addressed to either or both parties at the same address;

13. Evidence of cohabitation (cont.) • Important documents of both parties show the same address, for example, identification documents, driver’s licenses, insurance policies, etc.; • Shared responsibility for household management, household chores, etc.; • Evidence of children of one or both partners residing with the couple; • While cohabitation means living together continuously, from time to time, one or the other partner may have left the home for work or business travel, family obligations, and so on. The separation must be temporary and short.

14. Evidence of a conjugal relationship • shared shelter (for example, sleeping arrangements); • sexual and personal behaviour (for example, fidelity, commitment, feelings towards each other) – in instances where an interview is warranted; • services (for example, conduct and habit with respect to the sharing of household chores); • social activities (for example, their attitude and conduct as a couple in the community and with their families); • economic support (for example, financial arrangements, ownership of property); • children (for example, attitude and conduct concerning children); • the societal perception of the two as a couple.

15. How to prove abuse/Neglect? Abuse means: • Physical abuse • Sexual abuse • Assault • Forcible confinement • Psychological abuse • Threats and intimidation • Financial abuse, fraud, taking things by force/threat (extortion)

16. How to prove abuse/Neglect? Neglect means: • Failure to provide necessaries of life, such as: • Food • Clothing • Shelter • Medical care • Failure to give anything that results in risk of serious harm

17. How to prove abuse/neglect? • Must provide evidence of abuse/neglect • From sponsored person • From any other relevant evidence, such as: • Shelter or other social support person • Police report • Medical report • Court documents • Photographs, emails, voicemail • witness • Must provide evidence of conjugal cohabitation with sponsor until it stopped because of abuse/neglect

18. How to prove abuse/neglect? (Cont.) • Information and evidence may be provided by • Phone, email, fax, mail • Evidence must show abuse/neglect was the reason for the breakdown of relationship. • Must leave the relationship and home before requesting the exception for abuse/neglect. • Any information of abuse to, or witnessed by a child may be reported by CIC to child protection authorities or police, with or without the mother’s consent • CIC Operational Bulletin 480 – Conditional Permanent Residence (Important resource)

19. What if request for exception is denied? • If Inadmissibility Report is Issued • Hearing at Immigration Division of the Immigration and Refugee Board (IRB) • Sponsored person has right to appear and make submissions • Important to get legal representation

20. What if Deportation is Ordered? • Sponsored person has right to appeal to Immigration Appeal Division of the Immigration and Refugee Board • May include Humanitarian and Compassionate grounds in appeal such as best interest of the child. • If sponsored person’s appeal is unsuccessful, may ask Federal Court to judicially review the decision • Getting a lawyer to represent you is important

21. Five-year bar on spousal sponsorship for previously sponsored spouses • Legislative provision: Section 130 of IRPR • Coming into force: March 2, 2012 • Effect: The amendment bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR even if the sponsor acquired citizenship during that period. Other members of the family class will not be affected by the regulatory changes.

22. Five-year sponsorship bar illustration (From CIC)

23. Resources For information, if your partner is abusive or violent: Legal Aid Ontario www.legalaid.on.ca/en/getting/type_domesticviolence.asp • Available to every immigration status • Free telephone interpretation services for languages other than English and French • Toll-free: 1-800-668-8258; TTY: 1-866-641-8867 Family Violence Authorization Program (Legal Aid Ontario) • Free 2-hour emergency meeting with a lawyer • Offered through some shelters and community legal clinics • Toll-free: 1-800-668-8258; TTY: 1-866-641-8867

24. Resources (cont.) Find a community legal clinic near you • www.legalaid.on.ca/en/contact/contact.asp?type=cl Community & Specialty Legal Clinics • www.legalaid.on.ca/en/contact/contact.asp?type=cl • Centre for Spanish Speaking Peoples • Metro Toronto Chinese and Southeast Asian Legal Clinic • Refugee and Immigrants Information Centre Toronto • South Asian Legal Clinic of Ontario FCJ Refugee Centre • www.fcjrefugeecentre.org/ • 416-469-9754 Canadian Association of Refugee Lawyers • www.refugeelawyersgroup.ca/

25. Resources (cont.) • Refugee Law Office www.legalaid.on.ca/en/getting/type_immigration.asp 416-977-8111 • Refugee Lawyers Association of Ontario www.rlaontario.com/ • Canadian Council for Refugees www.ccrweb.ca/en/home 514-277-7223 • Directory of immigrant and refugee serving organizations in your area www.ccrweb.ca/en/links • Settlement.org www.settlement.org/index.asp Information and answers on settling in Ontario

26. Resources (cont.) • Citizenship and Immigration Canada www.cic.gc.ca/english/index.asp Call Centre Toll-free: 1-888-242‑2100 TTY: 1-888-576‑8502 More Contacts: www.cic.gc.ca/english/contacts/index.asp • Ministry of Citizenship and Immigration (Ontario) www.citizenship.gov.on.ca/ Find information about citizenship and immigration in Ontario General Inquiry: (416) 327-2422 Toll-free: 1-800-267-7329 TTY: 1-800-555-5559 • 211 Canada.ca www.211canada.ca/ Find available immigrant and refugee serving organizations in your area Source: Your legal rights: Conditional Permanent Residence: What a Sponsored Spouse Needs to Know

27. For Further Questions Call: SALCO 45 Sheppard Avenue E. Unit 106AToronto, Ontario M2N 5W9Phone: (416) 487-6371Fax: (416) 487-6456

28. THANK YOU..