All amendments to the law were introduced after preliminary consultations with the government, ministries, departments and other interested parties. All changes are fully published in the Canada Gazette (Part I), and now within 30 days from the date of publication, Canadian citizens can submit their proposals and comments. The Government of Canada undertakes to consider and take into account all comments made and only then approve the new law. After the changes are made, the bill will be published in the Canada Gazette (Part II).
The bill presented for discussion reflects a new approach to organizing the immigration process. The bill not only includes a long list of various additions and amendments, but also in the relevant sections clarifies the rights and obligations of immigration and visa officers, as well as representatives of government authorities.
The provisions set out below, reflecting the changes, are not yet in force and are proposed for discussion by interested parties and all Canadian citizens.
FAMILY SPONSORSHIP
To better reflect social reality, which currently shows a longer period of a child's dependence on the family, as well as to simplify the family reunification process, it is proposed to: - increase the age of children from 19 to 20 years; - include in the category of dependent family members children under 22 years of age who are not married, as well as children over 22 years of age who are students, and children with mental and physical disabilities who are dependent on their parents.
EXPANSION OF THE FAMILY IMMIGRATION CATEGORY Common-law marriages
The new bill introduces the category of common-law spouses. This category includes people who have been in an unregistered marital relationship for at least 1 year. If one of the spouses is unable to live together due to exceptional circumstances (being under court order), this couple will be considered a common-law couple.
The innovation is intended to ease the situation of same-sex couples who cannot live in marriage in their country of residence.
However, the bill specifically states that people who have entered into a fraudulent registered marriage or a fraudulent common-law marriage are not entitled to citizenship.
ADOPTION
To ensure the protection of children's rights in accordance with international standards, as well as taking into account the provisions of provincial (territorial) laws, the category of family immigration is expanded to include simple adoption. Simple adoption is used in cases where: - full adoption in the child's home country is impossible; - the relevant authorities of the province where the family will live agree to legally convert the simple adoption into a full adoption; - the biological parents agree to the adoption of the child in Canada.
The new law will abolish the rule that for a child to be adopted in Canada, he or she must be either an orphan or abandoned by parents. In addition, financial sponsorship obligations are abolished if the adoption takes place in Canada.
It is particularly noted that the process of adopting children in Canada must comply with the laws of the child's country of birth. In addition, it is indicated that provincial (territorial) authorities of Canada must carefully check the living conditions of the family applying for sponsorship under this program.
GUARDIANSHIP
Guardianship conditions: - the child must be either a full orphan or have no information about parents; - the child must be under 18 years old and not married; - full adoption is not permitted by law in the child's country of residence; - consent must be obtained from the competent authorities in the child's country of residence, as well as from the authorities of the province or territory of Canada from which the guardianship application came; - the child must be guaranteed the same social rights as in full adoption; - the child's sponsor must meet all requirements imposed by Canadian law on sponsors, including the ability to provide financial support.
Given modern realities, it is proposed to reduce the age of sponsors, i.e., Canadian citizens or residents, from 19 to 18 years old.
To speed up the family reunification process (official marriages, common-law marriages, dependent children), it is proposed to allow persons living in Canada to undergo the immigration process without leaving Canada, subject to the following requirements: - notification that immigration documents have been accepted for processing; - evidence that the official or common-law marriage is not fraudulent; - evidence that the documents on the basis of which the applicant resides in Canada were not obtained as a result of providing false information; - passport or equivalent document is not expired; - availability of documents confirming satisfactory results of a medical examination and results of a background check (no criminal record).
Change in the duration of sponsorship obligations: - Reduce the term of fulfillment of financial and other obligations of the sponsor from 10 to 3 years for spouses in an official or common-law marriage; - include a provision that from the date of marriage, the 10-year sponsorship that a fiancé or fiancée undertakes is reduced to 3 years; - for dependent children, the sponsorship term remains the same (10 years) or until the child reaches 22 years of age.
To expedite the verification of sponsors' financial capacity, the calculation of their income is simplified. Under the new provision, sponsors may provide tax returns as proof of their financial situation. If sponsors have not filed an income tax return, they may provide information on their current account status.
Persons who do not fall under the category of sponsors: - Persons obligated by a court decision to pay money to a spouse or child cannot become a sponsor (exception for those sponsors who can prove they are successfully meeting their obligations). - Persons convicted of committing domestic violence (except in cases of pardon, and also after five years have elapsed from the date of punishment upon providing evidence of reform). - Sponsorship will be denied to anyone receiving social assistance, except in cases of physical disability. - Suspension of consideration of sponsorship applications from persons who are under investigation for citizenship revocation.
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