加拿大华人论坛 加拿大留学移民求助：关于夫妻团聚，新政策的疑问，请帮忙解
在加拿大
我是这里的永久居民，准备帮老婆孩子办团聚。据我所知，已经是新政策要生效或者已经生效了，即我申请成功后，老婆会有2年类似于旅游签证的签证，2年我们还在一起才可以得到身份。1. 这个2年是从什么开始？是从她landing开始吗？2. 这个2年她是否必须完整的2年在加拿大，不得离开加拿大？3. 孩子获得的是什么身份？4. 现在新政情况下，需要多长时间可以获得签证从申请开始？谢谢！
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！我是这里的永久居民，准备帮老婆孩子办团聚。据我所知，已经是新政策要生效或者已经生效了，即我申请成功后，老婆会有2年类似于旅游签证的签证，2年我们还在一起才可以得到身份。1. 这个2年是从什么开始？是从她landing开始吗？2. 这个2年她是否必须完整的2年在加拿大，不得离开加拿大？3. 孩子获得的是什么身份？4. 现在新政情况下，需要多长时间可以获得签证从申请开始？谢谢！点击展开...本人对新政策不是很关心， 而且我想 应该对大多数正常的夫妻团聚没有什么影响。细节请参考CIC网站原文。下面的文字属于我个人推测， 属于无责任评论， 不据参考价值。2： 一直都是5年内住满2年的说法。1，3：大致的估计是，老婆孩子获得的都应该是 正常的移民签证， 只是说 2年内夫妻必须正真居住在一起， 这个永久居民的身份才不会被作废。4： 新政短期内对审理时间应该没有什么影响。长期的说， a) 可能CIC要花很多精力去审核夫妻是否真的居住在一起，有没有行夫妻之实， 以至于 没有足够的资源是审理签证，则导致审理时间变长b), 由于新政的实施， 假夫妻不敢提交 申请， 申请数量减少， 因此，审理速度加快。
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退役请请请请请请请请请请请请请请请请请不要给我发短信提问....不要逼我麻烦先看这里：配偶及小孩团聚资料 整理帖http://forum.iask.ca/showthread.php?t=59279回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！非常感谢你的回复。是否现在开始已经实施新政了，另外据我的了解，应该新政以后被担保人应该获得的签证有所不同吧？不然他为什么说，再2年之后就审核夫妻双方是否还在一起？且2年后再发放正式的签证？
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！非常感谢你的回复。是否现在开始已经实施新政了，另外据我的了解，应该新政以后被担保人应该获得的签证有所不同吧？不然他为什么说，再2年之后就审核夫妻双方是否还在一起？且2年后再发放正式的签证？点击展开...http://www.gazette.gc.ca/rp-pr/p1/2012/2012-03-10/html/reg1-eng.html 打开网页然后搜索“conditional permanent resident”
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！非常感谢你的回复。 是否现在开始已经实施新政了，另外据我的了解，应该新政以后被担保人应该获得的签证有所不同吧？不然他为什么说，再2年之后就审核夫妻双方是否还在一起？且2年后再发放正式的签证？点击展开...同问关于两年这个问题？是不是对已经有了小孩的适用的？有没有官方的链接可以参考的？ 送花花，非常感谢！
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！the new policy only subjects to application received after march 02, I saw the article in CIC website. And if the sponsor has received permanent resident after being sponsored to Canada less than 5 years,he can't sponsor another person....that's what I see in CIC,sorry can't type Chinese....
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中中 HKcase：9.19签收--12.2DM1--12.21AR+FN--4.17bb补料／5.4bb补料信--5.11mer--5.31dna信--6.1老公'DNA/6.14BB&我'DNA--7.14IP--7.27补护检信/7.30补护检--8.10DM2--8.17大信封***我要和最爱的恒恒团聚成功，每日都见到对方，组织一个属于我们的小家庭?(?3?)?***回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！Vol. 146, No. 10 March 10, 2012 Regulations Amending the Immigration and Refugee Protection Regulations Statutory authority Immigration and Refugee Protection Act Sponsoring department Department of Citizenship and Immigration REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Executive summary Issue: The spousal sponsorship process is open to abuse when individuals enter into relationships of convenience in order to facilitate entry into Canada. While firm figures on the extent of relationships of convenience are not available, out of 46 300 immigration applications for spouses and partners processed in 2010, approximately 16% were refused. It is estimated that most of these cases were refused on the basis of a fraudulent relationship. Other countries, such as Australia, the United States and the United Kingdom, employ a form of conditional status period as a deterrent to those who would commit marriage fraud. The lack of a comparable conditional status measure to deter marriage fraud makes Canada vulnerable to this type of unlawful activity. Description: Citizenship and Immigration Canada (CIC) proposes to introduce amendments to the Immigration and Refugee Protection Regulations (the Regulations) specifying that spouses or common-law or conjugal partners who are in a relationship of two years or less with their sponsor and have no children in common with their sponsor at the time of sponsorship application would be subject to a period of conditional permanent residence. The condition would require the sponsored spouse or partner to cohabit in a conjugal relationship with their sponsor for a period of two years following receipt of their permanent resident status. The sponsored spouse or partner may have accompanying family members or may, after their arrival in Canada, sponsor members of the family class (and their accompanying family members). The permanent resident status of these accompanying family members and sponsored members of the family class would be contingent upon their sponsor meeting the condition. Beyond the requirement that the sponsored spouse or partner satisfy the condition, the proposed conditional permanent residence would not differ from permanent residence in any other way. Permanent residence could be revoked (leading to initiation of removal action) if the condition is not met during the two-year conditional period. Given concerns about the vulnerability of spouses and partners who are in abusive relationships, the proposed condition would cease to apply in instances where there is evidence of abuse or neglect by the sponsor, or of a failure by the sponsor to protect from abuse or neglect by another person related to the sponsor (whether that person is residing in the household or not) during the conditional period. Evidence that the sponsored spouse or partner was cohabiting in a conjugal relationship with their sponsor until the cohabitation ceased as a result of the abuse or neglect would also be required. The exception would apply in cases where the abuse or neglect occurred during the conditional period and was directed towards the sponsored spouse or partner, a child of either the sponsor or the sponsored spouse or partner, or a person related to either the sponsor or the sponsored spouse or partner who was habitually residing in their household. The condition would also cease to apply where there is evidence that the sponsor has died while the sponsored person is still subject to the condition and that the sponsored spouse or partner had cohabited in a conjugal relationship with the sponsor up until the time of the sponsor’s death. Cost-benefit statement: It is estimated that the new Regulations would result in an overall monetized net cost due to the resources required to introduce the proposed conditional measure, investigate cases of alleged fraud and take enforcement action against those found to be non-compliant with the condition, as well as resources associated with the expected increase in admissibility hearings and appeals. The total cost for the analysis period (20122021) to implement a conditional permanent residence measure is estimated to be approximately $11 million. The total corresponding estimated benefit is of $5.5 million, largely due to a reduction in fraudulent spousal and partner applications. By comparing the quantitative costs and benefits of both scenarios, it was estimated that the proposed amendments would generate a monetized cost in the range of $5.5 million over the analysis period. While the cost-benefit analysis reflects a net monetized cost, this cost should be weighed against qualitative benefits expected to stem from the proposed measure, such as strengthening the overall integrity of Canada’s immigration program through long-term improvements in identifying and deterring marriage fraud. Although the majority of costs associated with developing and introducing this proposed measure would be absorbed by the Government of Canada, it is recognized that there would be some costs to the sponsored spouses or partners in obtaining and providing evidence in instances of abuse or neglect. Business and consumer impacts: The proposed measures are not anticipated to have business and consumer impacts. Domestic and international coordination and cooperation: Australia, the United States and the United Kingdom employ a form of conditional measure for sponsored spouses and partners. While the details of each regime vary, they all have the same objective of deterring marriages of convenience and strengthening the overall integrity of the immigration programs. It is expected that introducing a conditional permanent residence measure of two years as a deterrent to marriage fraud would result in Canada no longer being regarded as a “soft target” by those who might otherwise consider using a marriage of convenience to circumvent Canada’s immigration laws, and would provide another means for enforcement action in instances of marriage fraud. Issue One of the objectives of the Immigration and Refugee Protection Act (the Act) is to facilitate family reunification. The Act enables Canadian citizens or permanent residents to sponsor spouses and partners, children, parents and other prescribed family members. Unlike the economic program, the family reunification program has no labour market-related requirements such as education, work experience or proficiency in one of Canada’s official languages. Sponsorships require an undertaking of financial responsibility. Applications to sponsor a spouse or a partner are not assessed against the minimum income requirements applicable in other family class categories and receive priority processing. While the majority of spouses and partners sponsored for immigration are in legitimate relationships, the spousal sponsorship process is open to abuse when individuals enter into relationships of convenience in order to facilitate entry into Canada. In some cases, both parties may be aware that the relationship is for immigration purposes. In other cases, one party believes the relationship to be legitimate, while the other intends to leave the relationship shortly after receipt of permanent resident status. Where the sponsor is unknowingly a victim of marriage fraud, such a realization can often cause considerable pain and stress. Firm figures on the extent of relationships of convenience are not available. What is known is that about 46 300 immigration applications for spouses and partners were processed in 2010 (39 800 from abroad and 6 500 from within Canada). Of these, about 16% (8% of inland and 17% of overseas applications) were refused. It is estimated that most of these cases were refused on the basis of a fraudulent relationship. Others are refused on the basis of criminality, security, medical issues and sponsor ineligibility. What other countries are doing Other countries, such as Australia, the United States and the United Kingdom, employ a form of conditional status period of about two years as a deterrent to those who would commit marriage fraud. In all three countries, the condition requires that the sponsored spouse or partner remain in a legitimate relationship with their sponsor for the duration of a specified conditional period. In Australia, conditional status is imposed on spouses in relationships of less than three years (or two years for couples with children of their relationship). Conditional status is imposed on spouses in a relationship of less than four years in the United Kingdom, and of less than two years in the United States, irrespective of whether there are children of the relationship. Sponsored spouses in new relationships in Australia and the United Kingdom are granted temporary status; in the United States, they are granted conditional permanent residence, but must apply to have this condition removed and retain their status as permanent residents. Canada currently has no comparable conditional status measure to deter marriage fraud. Objectives The primary purpose of the proposed conditional measure is to serve as a deterrent to marriages of convenience, thereby strengthening the overall integrity of Canada’s immigration program, while maintaining the spirit of family reunification by continuing to facilitate the reunification of legitimate spouses and partners. The measure would also bring Canada’s policies more closely in line with those of other countries, such as the United States, the United Kingdom and Australia. By strengthening Canada’s capacity to deter marriages of convenience, it is expected that Canada would no longer be regarded as a “soft target” by those who might consider using a marriage of convenience to circumvent Canadian immigration laws. Finally, the proposed measure would provide another means for enforcement action in instances of marriage fraud, including the issuance of a removal order to the fraudulent spouse or partner on the basis of non-compliance with the condition, which may in turn lead to their removal from Canada. Description The proposed amendments to the Regulations would specify that, under the family class or the spouse and common-law partner in Canada class, a spouse, common-law or conjugal partner who is in a relationship of two years or less with their sponsor and has no children in common with their sponsor at the time of sponsorship application would be subject to a two-year period of conditional permanent residence. The condition would require that the sponsored spouse or partner cohabit in a conjugal relationship with their sponsor for a period of two years following receipt of their permanent resident status in Canada. The sponsored spouse or partner may have accompanying family members or may, after their arrival in Canada, sponsor members of the family class (and their accompanying family members). In such instances, the permanent resident status of these accompanying family members and sponsored members of the family class would be contingent upon their sponsor meeting the condition. Beyond the requirement to satisfy this condition, conditional permanent residence would not differ from permanent residence. Permanent residence could be revoked (leading to initiation of removal action) if the condition of cohabiting in a conjugal relationship is not met by the sponsored spouse or partner during the two-year conditional period, whether confirmed during that period or at any later time. As is currently the case, a number of factors would be considered in the assessment of the legitimacy of the “conjugal relationship,” whether the sponsored person has been sponsored as a spouse, common-law partner or conjugal partner of the sponsor. The sponsored spouse or partner would be required to provide evidence of their compliance with the condition if it is requested by an officer because they have reason to believe that the sponsored spouse or partner is not complying or has not complied with the condition or if the officer requests such evidence as part of a random assessment of the overall level of compliance with the condition. Given concerns about the vulnerability of spouses and partners in abusive relationships, the proposed condition would cease to apply in instances where there is evidence of abuse (i.e. physical, sexual, psychological, or financial) or neglect (failure to provide the necessaries of life) by the sponsor, or a failure by the sponsor to protect from abuse or neglect, during the conditional period, by another person related to the sponsor, whether that person is residing in the household or not. Evidence that the sponsored spouse or partner was cohabiting in a conjugal relationship with their sponsor until the cohabitation ceased as a result of the abuse or neglect would also be required. The exception would apply in cases where the abuse or neglect occurred during the conditional period and was directed towards the sponsored spouse or partner, a child of either the sponsor or the sponsored spouse or partner, or a person related to either the sponsor or the sponsored spouse or partner who was habitually residing in their household. Guidelines to assist officers in processing cases involving claims of abuse or neglect, and in handling sensitive information related to them, would be developed through consultations with various groups, including non-governmental organizations with expertise in domestic violence and law enforcement agencies, and would be publicly available prior to the final publication of this regulatory proposal. The condition would cease to apply where an officer determines, based on evidence, that (1) such abuse or neglect, or failure by the sponsor to protect from abuse or neglect, has occurred during the conditional period; and (2) the sponsored spouse or partner cohabited in a conjugal relationship with the sponsor until the cohabitation ceased as a result of abuse or neglect. The condition would also cease to apply where there is evidence that the sponsor has died while the sponsored spouse or partner is still subject to the condition, and that the sponsored spouse or partner had cohabited in a conjugal relationship with the sponsor up until the time of the sponsor’s death. Regulatory and non-regulatory options considered On September 30, 2010, CIC amended section 4 of the Immigration and Refugee Protection Regulations to clarify the test used to determine whether or not a family relationship was entered into in “bad faith.” This clarification is intended to protect the integrity of the immigration system and enable a more consistent assessment and identification of relationships of convenience by ensuring that a finding of “bad faith” can be made if a relationship was entered into primarily for the purpose of acquiring any status or privilege under IRPA, or if it is not genuine. Assessing the bona fides of a relationship prior to granting immigration status continues to be the most important and effective way to deter marriage fraud. Through a separate regulatory proposal, CIC is seeking to introduce a measure to bar an individual who became a permanent resident as a spouse, common-law or conjugal partner from sponsoring a subsequent spouse, common-law or conjugal partner for a period of five years following the date they became a permanent resident. The primary intent of this regulatory amendment would be to deter sponsored spouses and partners from using a relationship of convenience as a means of circumventing Canada’s immigration laws by abandoning their sponsor soon after arriving in the country and then seeking to sponsor a new spouse or partner. The proposed regulatory amendment for this measure was pre-published in the Canada Gazette, Part Ⅰ, on April 2, 2011. Operationally, and particularly at some overseas missions known to have a high incidence of marriage fraud, CIC relies on interviews of spouses and partners being sponsored to identify and deter fraudulent marriage applications. While the use of interviews requires resources, such interviews have proven effective in identifying and deterring marriages of convenience. An anti-fraud media campaign that included informational materials on marriage fraud on CIC’s Web page, Web page advertisements and a short video posted to social media sites on marriage fraud was launched in the spring of 2011. Further immigration anti-fraud public messaging including a marriage fraud component is anticipated in 2012. While these ongoing and proposed measures contribute to deterring marriage fraud at the onset of the sponsorship process, i.e. prior to permanent residence being granted, they are of little help in identifying and enforcing removals on fraudsters who manage to make their way to Canada. The proposed regulatory amendment would provide the Government with an additional enforcement tool against marriage fraud. Benefits and costs A cost-benefit analysis of the proposed conditional permanent residence measure has been completed and is available upon request. The cost-benefit analysis assumes a baseline scenario whereby newly sponsored spouses, common-law and conjugal partners are not subject to a conditional measure. The baseline was then compared with the proposed conditional permanent residence framework. Based on this comparison, it is estimated that the proposed regulatory change is expected to generate an overall monetized net cost due to the resources required to introduce the proposed conditional measure, investigate cases of alleged fraud and take enforcement action against those found to be non-compliant with the condition, as well as resources associated with the expected increase in admissibility hearings and appeals. The total estimated cost for the analysis period (20122021) to implement a conditional permanent residence measure is projected to be approximately $11 million. The total corresponding estimated benefit is of $5.5 million, largely due to a reduction in fraudulent spousal and partner applications. By comparing the quantitative costs and benefits of both scenarios, it is estimated that the proposed amendments would generate a monetized cost in the range of $5.5 million over the analysis period. However, there are non-monetized benefits that would stem from the proposed amendments, including improving the integrity of Canada’s immigration program associated with reducing fraudulent activity in the program;strengthening government capacity to detect relationships of convenience and remove those who use marriage fraud to circumvent Canadian immigration laws;reducing the vulnerability of Canadians who may be subject to fraudulent intentions by foreign nationals as a result of current immigration policies; andhelping potential sponsors avoid the pain and stress associated with being a victim of marriage fraud. Cost-Benefit Analysis Results and Summary Table ................. B. Qualitative impacts Benefits Description of cost or benefit Strengthening the tools available to detect relationships of convenience and to take enforcement action. It is anticipated that the conditional measure would provide a tool for enforcement action and contribute over time to the Government of Canada’s understanding of marriage fraud through improved tracking and identification of marriage fraud cases. Improved integrity associated with reducing fraudulent activity in Canada’s immigration program. It is anticipated that the introduction of a conditional measure would be a benefit to sponsors, sponsors’ family members, and Canadian society by serving as a deterrent to marriages of convenience, thus strengthening the overall integrity of Canada’s immigration program. Helping potential sponsors avoid the pain and stress associated with being a victim of marriage fraud. This measure reduces vulnerability of Canadians who may be subject to marriage fraud. It is anticipated that deterring fraudulent spouses and partners through the use of a conditional measure would reduce the vulnerability of Canadians to this form of fraud, as well as all the pain and stress such fraud could cause potential sponsors. Costs Description of cost or benefit Concerns of increased vulnerability to domestic violence. There are concerns that the conditional status measure could increase the vulnerability of sponsored spouses and partners to domestic violence, as applicants may mistakenly believe that they must remain in an abusive relationship in order to maintain their permanent resident status under the proposed condition. To mitigate these concerns, the condition would cease to apply where there is evidence of abuse or neglect by the sponsor, or a failure by the sponsor to protect from abuse or neglect.Guidelines to assist officers in processing cases involving claims of abuse or neglect, and in handling sensitive information related to them, would be developed through consultations with various groups, including non-governmental organizations with expertise in domestic violence. Other recourse costs. In instances where a marriage of convenience is determined to have occurred, the Immigration and Refugee Board’s Immigration Division (ID) may hold an admissibility hearing and decide whether to issue a removal order. Removal orders can be appealed to the Immigration Appeal Division (IAD). Where the IAD upholds the ID’s decision to issue a removal order, removal action may be initiated. In such circumstances, the person affected may pursue other avenues to remain in Canada. Costs associated with this activity were not quantified due to lack of reliable data. Death of sponsor exception. The condition would also cease to apply where there is evidence that the sponsor has died while the sponsored person is still subject to the condition, and that the sponsored spouse or partner had cohabited in a conjugal relationship with the sponsor up until the time of the sponsor’s death. Given the small number of cases where this exception is anticipated to apply, as well as the minor costs that such exceptions would imply, with respect to the gathering of evidence by the sponsored spouse or partner, these costs are examined qualitatively for the purposes of the cost-benefit analysis. Rationale As described above, regulatory and non-regulatory initiatives have been undertaken by the Department to curb marriage fraud. While they are consistent with the Government’s 2011 commitment in the Speech from the Throne to protect the integrity of Canada’s immigration system through, among other initiatives, the introduction of various measures to address marriage fraud, they are not sufficient. Under the existing regulations, limited tools are available to efficiently identify and enforce removals as a result of marriage fraud once sponsored spouses and partners have been granted permanent residence in Canada. It is believed that the number of marriages of convenience in Canada would continue to present a problem, undermining the integrity of the immigration system and, in some instances, victimizing Canadian sponsors and their families if the status quo is maintained. The proposed amendment would not only act as an additional deterrent to marriage fraud, but would provide the Government with an additional enforcement tool against this type of fraud. Although the proposed regulatory amendment would have a net monetized cost, the non-monetized benefits would outweigh the costs. In conjunction with non-regulatory anti-fraud measures, this proposal would enhance the integrity of Canada’s spousal sponsorship immigration program. The Department of Citizenship and Immigration recognized the concerns related to the vulnerability of spouses and partners who are in abusive relationships and paid particular attention to the development of the exception to the condition for spouses and partners in such situations expressly to prevent putting these individuals at further risk. Consultation The Minister of Citizenship and Immigration held a series of town hall meetings in the fall of 2010 to gather the public’s views on relationships of convenience and ideas on how to address them. During these sessions, the Minister heard from many sponsors who had been misled by a foreign national who left them soon after receiving their Canadian permanent resident status. The Department of Citizenship and Immigration also held online consultations in the fall of 2010 to gather the public’s views on marriages of convenience. The consultations generated approximately 2 400 responses from the general public and 90 from individuals who self-identified as representatives of stakeholder organizations. Overall, three-quarters (77%) of respondents indicated that they considered relationships of convenience to be a “serious” or “very serious” threat to the integrity of Canada’s immigration system. The consultations revealed strong support for measures to address marriages of convenience. The results also indicated strong support for the introduction of a form of conditional status period, with more than two-thirds of respondents in favour of such a measure. A Notice of Intent outlining the proposed conditional permanent residence measure was published in the Canada Gazette, Part Ⅰ, on March 26, 2011, followed by a 30-day comment period. Eighty-four responses, mostly from social service providers (e.g. immigrant settlement organizations and shelter workers) and immigration experts (e.g. lawyers and academics), were received by CIC. The majority of these respondents expressed concern that a conditional measure could increase the vulnerability of sponsored spouses and partners to domestic violence. The Department of Citizenship and Immigration also consulted the provinces and territories on the proposal to introduce a conditional measure. While there was agreement that further action should be taken to address marriages of convenience, concerns were expressed that the proposed conditional period would increase the vulnerability of sponsored spouses and partners to domestic violence. The Department of Citizenship and Immigration consulted other federal departments throughout the development of this regulatory package, including the CBSA, as the Agency shares some of the responsibilities under the IRPA; Status of Women Canada and the RCMP. Other countries where a similar conditional measure exists were consulted as well. Guidelines to assist officers in processing cases involving claims of abuse or neglect, and in handling sensitive information related to them, would be developed through consultations with various groups, including non-governmental organizations with expertise in domestic violence, and law enforcement agencies, and would be publicly available prior to the final publication of this regulatory proposal. Implementation, enforcement and service standards As a result of the introduction of conditional permanent residence, additional investigations (e.g. checks of internal records systems, background checks, research and phone calls made to a sponsor or conditional permanent resident and interviews) may be undertaken in cases where there is reason to believe that the condition is not being met or has not been met. CIC will also perform random assessments of the overall level of compliance with the condition on an ongoing basis. These could lead to an annual increase in inadmissibility reports from the CBSA and CIC on the basis of non-compliance with the proposed condition. These inadmissibility reports could in turn lead to the issuance of removal orders by the Immigration Division of the Immigration and Refugee Board. Contact Caroline Riverin Beaulieu Deputy Director Social Policy and Programs Immigration Branch Citizenship and Immigration Canada Telephone: 613-954-3483 Fax: 613-941-9014 Email: [email protected] PROPOSED REGULATORY TEXT Notice is hereby given that the Governor in Council, pursuant to subsection 5(1) and section 32 of the Immigration and Refugee Protection Act (see footnote a), proposes to make the annexed Regulations Amending the Immigration and Refugee Protection Regulations. Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Caroline Riverin Beaulieu, Deputy Director, Social Immigration Policy and Programs, Department of Citizenship and Immigration, 365 Laurier Avenue West, Ottawa, Ontario K1A 1L1 (tel.: 613-954-3483; fax: 613-941-9014; email: Caroline. [email protected]). Ottawa, March 1, 2012 JURICA APKUN Assistant Clerk of the Privy Council REGULATIONS AMENDING THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENT 1. The Immigration and Refugee Protection Regulations (see footnote 1) are amended by adding the following after section 72: DIVISION 8 CONDITION APPLICABLE TO CERTAIN PERMANENT RESIDENTS Condition 72.1 (1) Subject to subsections (4) and (5), a permanent resident described in subsection (2) is subject to the condition that they must cohabit in a conjugal relationship with their sponsor for a continuous period of two years after the day on which they became a permanent resident. Permanent resident subject to the condition (2) For the purpose of subsection (1), the permanent resident is a person who was a foreign national who (a) became a permanent resident after making an application for permanent residence as a member of the family class, or an application as a member of the spouse or common-law partner in Canada class to remain in Canada as a permanent resident, as applicable;(b) at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c) had been the spouse, common-law partner or conjugal partner of the sponsor, as applicable, for a period of two years or less; and(c) had no child in respect of whom both they and the sponsor were the parents at the time the sponsor filed a sponsorship application with respect to the person under paragraph 130(1)(c). Evidence of compliance (3) A permanent resident referred to in subsection (1) must provide evidence of their compliance with the condition referred to in that subsection to an officer if (a) the officer requests such evidence because they have reason to believe that the permanent resident is not complying or has not complied with the condition; or(b) the officer requests such evidence as part of a random assessment of the overall level of compliance with that condition by the permanent residents who are or were subject to it. Exception sponsor’s death (4) The condition referred to in subsection (1) ceases to apply in respect of a permanent resident referred to in that subsection if the sponsor dies during the two-year period referred to in that subsection, the permanent resident provides evidence to that effect to an officer and the officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that the permanent resident had continued to cohabit in a conjugal relationship with the sponsor until the sponsor’s death. Exception abuse or neglect (5) The condition referred to in subsection (1) also ceases to apply in respect of a permanent resident referred to in that subsection if an officer determines, based on evidence provided by the permanent resident or on any other relevant evidence, that (a) the permanent resident(i) is not able to meet the condition throughout the two-year period referred to in that subsection because the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, is subjected by the sponsor to any abuse or neglect referred to in subsection (6) during that period, and(ii) has continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect; or (b) the permanent resident (i) is not able to meet the condition throughout the two-year period referred to in subsec-tion (1) because the sponsor has failed to protect the permanent resident or a child of the permanent resident or the sponsor, or a person who is related to the permanent resident or the sponsor and who is habitually residing in their household, from any abuse or neglect referred to in subsection (6) during that period by an-other person who is related to the sponsor, whether that person is residing in the household or not, and (ii) has continued to cohabit in a conjugal relationship with the sponsor during that period until the cohabitation ceased as a result of the abuse or neglect. Abuse and neglect (6) For the purpose of subsection (5), (a) abuse consists of any of the following:(i) physical abuse, including assault and forcible confinement,(ii) sexual abuse, including sexual contact without consent,(iii) psychological abuse, including threats and intimidation, or(iv) financial abuse, including fraud and extortion; and (b) neglect consists of the failure to provide the necessaries of life, such as food, clothing, medical care or shelter, and any other omission that results in a risk of serious harm. Related person (7) For the purposes of subsections (5) and (6), a person is related to the permanent resident or the sponsor if they are related to them by blood, adoption, marriage, common-law partnership or conjugal partnership. Condition for accompanying family members 72.2 (1) Subject to subsection (2), a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) is subject to the condition that the permanent resident in respect of whom they were an accompanying family member meets the condition set out in subsection 72.1(1). Exception for accompanying family members (2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident as an accompanying family member of a permanent resident referred to in subsection 72.1(1) if the permanent resident in respect of whom they were an accompanying family member is one to whom an exception referred to in subsection 72.1(4) or (5) applies. Condition for sponsored person and their accompanying family members 72.3 (1) Subject to subsection (2), a permanent resident who became a permanent resident after being sponsored, either during or after the period referred to in subsection 72.1(1), by a sponsor who is a permanent resident referred to in that subsection, is subject to the condition that the sponsoring permanent resident meets the condition set out in subsection 72.1(1). Exception for sponsored person and their accompanying family members (2) Subsection (1) does not apply in respect of a permanent resident who became a permanent resident after being sponsored by a permanent resident referred to in subsection 72.1(1), if the sponsoring permanent resident is one in respect of whom an exception referred to in subsection 72.1(4) or (5) applies. Clarification 72.4 For greater certainty, for the purposes of subsection 27(2) of the Act, a permanent resident who fails to meet the condition set out in subsection 72.1(1) is considered not to comply with that condition, whether the failure to meet that condition is confirmed during or after the two-year period referred to in subsection 72.1(1). COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. [10-1-o] Footnote *CBSA: Canada Border Services Agency Footnote a S.C. 2001, c. 27 Footnote 1 SOR/2002-227 NOTICE: The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).
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退役请请请请请请请请请请请请请请请请请不要给我发短信提问....不要逼我麻烦先看这里：配偶及小孩团聚资料 整理帖http://forum.iask.ca/showthread.php?t=59279回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！我有个问题 烦请万能的lz解答，我申魁北克的境内夫妻团聚，当我填IMM0008表时有被问到“是否已经有csq，如果有号码是多少，如果没有，是什么时候申请的” 可是不是要先填好这个application中所有的表给cic然后才申请魁北克的才能拿到csq么 多谢
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！新政什么时候开始实施的？
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===================Fight, Love, Make Mistake我有个问题 烦请万能的lz解答，我申魁北克的境内夫妻团聚，当我填IMM0008表时有被问到“是否已经有csq，如果有号码是多少，如果没有，是什么时候申请的” 可是不是要先填好这个application中所有的表给cic然后才申请魁北克的才能拿到csq么 多谢点击展开...只有在你的申请DM1之后，才可以申请CSQ。以前的帖子了已经回答过这个问题，请搜索一下。不要管这个问题，当你做后完成这个表格时，这一项就会变成灰色。
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----------------------------------------------------------------------------------------------看看这里，希望会对你有所帮助：毕业总结：http://forum.iask.ca/showthread.php?t=577852申办历程：http://forum.iask.ca/showthread.php?t=552483新政什么时候开始实施的？点击展开...目前还没有一个确切的答案。本人与Palmer的见解相同，只要是真实的夫妻团聚，相信不会违背新政的要求。登陆后所获得的身份不会有什么不同，只是增加了政府有权判定你们夫妻团聚的真实性，如果被判定为有欺骗行为，将被取消资格、甚至承担法律责任。仅此而已，真实的夫妻团聚根本不必担心这些，只是在遇到特殊情况的时候考虑到这些新政的要求，避免造成不必要的麻烦就可以了。
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----------------------------------------------------------------------------------------------看看这里，希望会对你有所帮助：毕业总结：http://forum.iask.ca/showthread.php?t=577852申办历程：http://forum.iask.ca/showthread.php?t=552483回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！mark
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！要是婚姻是真或成功聚，惰理他2年，5年或7年! 心生活就可。
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回复: 求助：关于夫妻团聚，新政策的疑问，请帮忙解答！！希望能如大家所愿，审理时间变短就好了。上次申请时，担保的审理时间只是一个月左右，现在已经是90天了，希望不要再长了
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