Filipiniana News - May 2017
Rhyme
and Reason
Recent Immigration Updates
True to form, a few more changes have recently been
implemented Immigration, Refugees and Citizenship Canada (IRCC) which could
significantly affect the lives of many current or prospective immigrants. These include the following:
Repeal
of Conditional Permanent Residence for Sponsored Spouses
As of 18 April 2017, the
two-year conditional permanent residence for individuals who were sponsored as
spouses, common-law spouses or conjugal partners and their dependents, had been
cancelled.
According to the Operational
Bulletin (OB 640) issued for this
purpose, the cancellation of the two-year conditional permanent residence
applies to the following:
·
Permanent residents who have
been issued a Confirmation of Permanent Residence with a condition to live with
their sponsor for a period of two years and for whom the two-year period has
not expired.
·
Permanent residents who are
the subject of a report issued pursuant to subsection 44(1) of the Immigration and Refugee Protection Act
for failing to comply with the requirement to live with their sponsor for a
period of two years whether or not the report had been referred for an admissibility hearing at the
Immigration Division of the Immigration and Refugee Board, and have not been
issued a removal order
·
Permanent residents who have
been issued a removal order for failure to comply with the requirement to live
with their sponsor for a period of two years and have filed an appeal to the
Immigration Appeal Division but no decision has been made on the appeal.
It must be noted however, that the repeal
of the two-year conditional permanent residency does not mean that the
government is treating spousal sponsorship applications more leniently. The IRCC has stated that it is still taking
marriage fraud seriously and that it "continues to have measures in place to safeguard against it."
If further investigation will reveal possible cases of marriage fraud, sponsored persons may still lose their permanent resident status and be removed from Canada due to misrepresentation.
Lastly, sponsored spouses must still wait five years from the day that they are granted permanent residence in Canada before they become eligible to sponsor a new spouse or partner. This measure is meant to deter marriages of convenience, i.e. those entered into primarily to obtain PR status.
Increase in Age of Dependents
On
3 May 2017, IRCC released the regulatory
changes that will fulfill another campaign promise of the Liberal government,
that is, to return to the former age limit of 22 years old for dependents.
The
IRCC press release on this matter states that:
"The new age limit of 'under 22' will
come into effect this fall, on October 24, 2017, raising it from the
current 'under 19' requirement. The
increased age will apply to new applications for all immigration programs under
Immigration, Refugees and Citizenship Canada, including for refugees. Children
who are 22 years of age or older and who rely on their parents due to a
physical or mental health condition will continue to be considered dependent
children."
Aside from
promoting family reunification, the press release intimated that this change is
also meant to allow older children to pursue postsecondary education in Canada
thus allowing them to adapt more quickly to the Canadian system and facilitate
smoother transition into the Canadian labour market.
Unfortunately, the
change did not go far enough to reinstate the previous inclusion of
dependents who are 22 years of age and
over but who have been undergoing full time studies since the age of 22.
The only exception
allowed for dependents who are older than 22 are for those who continue to rely
on their parents due to a physical or mental condition. However, if these dependents are concurrent
permanent residence applicants with their parents, this may also lead to a
finding of medical inadmissibility due to excessive demand, hence a possible
refusal of the entire family's permanent residence application.
Express Entry Updates
The most recent rounds of
invitations for the Express Entry have
seen a spike in the number of applications issued an invitation to apply (ITA)
and a substantial decrease in the minimum CRS score of those invited. In 2017, there have been at least 10 rounds
of invitations (conducted between a week to three weeks apart) with an average
of about 3500 invitees per round.
The minimum CRS scores since
January 2017 have ranged from 415 to 468 points. This means that the recent changes to the
Express Entry may have leveled the paying field somehow in that those who do
not have provincial nominations or qualifying job offers now have better
chances provided they are younger, have a number of years of work experience
and have very high language scores.
Upon
receiving an ITA, the candidates would have 90 days within which to submit
their complete permanent residence application packages to IRCC.
As always, the
above are meant for information purposes only and not as legal advice. To seek legal advice about your particular
situation, please consult a trusted immigration legal professional.
The author is
an immigration lawyer in Canada and may be reached at deanna@santoslaw.ca
or tel. no. 416-901-8497.
Comments
Post a Comment