Violant Criminals Barred to Sponsor Family Members into Canada

Canadian citizens and permanent residents convicted of violent offenses resulting in bodily harm will not be able to sponsor their family members to reunite with them in Canada due to regulatory changes in force with effect from November 18, 2011.

Canada, Citizenship, Immigration and Multiculturalism Minister Jason Kenney said,“I was very concerned after a court decision in 2008 found that a Canadian citizen, who was convicted in India of killing his sister-in-law after setting her on fire, could sponsor his new wife. The regulatory changes now in force aim to prevent a similar situation from happening again.”

The minister further added, “Family violence is not tolerated in Canada. Someone who commits a serious crime should not benefit from the privilege of sponsorship.”

The listed family relationships previously included:

• a relative (related by blood or adoption) or family member (spouse, common-law partner, dependent child, dependent child of a dependent child) or conjugal partner of the sponsor; and
• a relative or family member of the sponsor’s spouse, common-law or conjugal partner.

The following expanded list of relationships have been added to subparagraph 133(1)(e)(ii) of the Immigration and Refugee Protection Regulations:

• former family members of the sponsor;
• former family members of a family member or conjugal partner of the sponsor;
• current and former family members of a relative of the sponsor or the sponsor’s family member;
• former conjugal partner of the sponsor, as well as current and former family members of the conjugal partner’s relatives;
• a child under the current or former care and control of the sponsor, their current or former family member, or conjugal partner;
• a child under the current or former care and control of a relative of the sponsor or a current or former family member of that relative; and
• someone with whom the sponsor dates or has dated, whether or not they live together, or a family member of that person.

The family sponsorship bar remains in effect until the sponsoring individual is either pardoned or acquitted, or where 5 years has elapsed since the completion of an imposed sentence.

The new regulatory changes came into force on November 18th, 2011 and will be published in Part II of the Canada Gazette on December 7, 2011.

The new regulatory changes will assist in protecting the sponsored family members from violence and the safety and health of Canadian residents.

Tags: Family Sponsorship, parent sponsorship, spouse sponsorship