How To Bring A Spouse To Canada After An Online Wedding?
Does The IRCC Recognize Virtual Marriages?
The pandemic certainly affected people's lives in a way nothing had before. And even if it's slowly becoming a thing of the past, its consequences are still felt today. Besides their health, the pandemic has affected people’s social skills and habits to an extent we could not have foreseen - including travel restrictions, lockdowns, and online weddings.
Virtual weddings became popular, and some states, like the state of New York, temporarily legalized online weddings. No Canadian province did the same, which is affecting one immigration pathway in particular: spousal sponsorships. Canadians planning on sponsoring their partners who live in another country are not able to do so if they got married virtually.
Under Canadian law and immigration regulations, both partners must be physically present at the marriage ceremony for the marriage to be legal.
This is because of the Government of Canada's efforts to address the vulnerability of women being forced to marry for immigration purposes. The nature of these marriages, whether they are by proxy on the phone or via zoom, can facilitate forced marriages and make it harder to determine whether any of the parties do not consent to the marriage.
The IRCC has not recognized virtual marriages since 2015 but has exemptions for members of the Canadian Armed Forces.
If you got married virtually and want to sponsor your significant other, there are alternatives to do so under a common-law or a conjugal partnership.
Being common law partners means you have lived with your partner for at least 12 consecutive months in a marriage-like relationship. Conjugal partnerships, on the other hand, means that you have been in a relationship for at least 12 months, but you do not live together due to a reason you cannot control.
To sponsor your partner, you must:
- Be a Canadian citizen, a permanent resident living in Canada, or a person registered under the Indian Act;
- Be at least 18 years old;
- Have a partner that is at least 18 years old;
- Not be in prison, charged with a serious offence or be bankrupt;
- Have a partner that is in prison, charged with a serious offence or is bankrupt.
You must also be able to provide for your spouse's basic needs and the needs of their dependent children, if applicable. If you are receiving any social assistance for reasons other than a disability, you cannot sponsor your partner.
How To Prove Partnership To The IRCC?
You can prove a common law partnership by providing the IRCC with proof such as:
- Bills for shared utility accounts;
- Insurance policies with both names and the same address;
- Photos, etc.
Understandably, you may not have some of these items if you have not been living together. Conjugal partnerships can be proven by:
- Shared sleeping arrangements;
- Children;
- Economic support (e.g., sending money abroad for rent);
- Societal perception of the two as a couple, etc.
Gerami Law has the expertise you need and can help you sponsor your partner. Contact us today and start the process of obtaining your partner's permanent residence card!
Ontario Minister Wants More Control In PNP
Low Nomination Numbers Make The Post Pandemic Recovery Harder
Since Ontario welcomes the majority of the country's immigrants, its Minister of Immigration wants more control over the province’s immigration rules. Ontario has always seen the highest number of new residents - just last year, it accepted around 45% of Canada’s new permanent residents.
This year, about 211,000 immigrants are expected to move to Ontario, but only 9,750 of them will be nominated through the Provincial Nominee Program (PNP).
Approximately 378,000 job openings will simultaneously go unfilled.
This is why Ontario's Immigration Minister, Monte McNaughton, wants more control over the economic class selection, CIC News reports.
The province argues how the low nomination numbers make it harder to maintain the pace of the post-pandemic recovery. Currently, there are more than 330,000 job vacancies in Ontario, and the unemployment rate is at 5.3%.
So, it does not come as a surprise that the Minister wants more PR cards issued to immigrants through the Provincial Nominee Program and to double the amount of OINP nominations. Since the Canada-Ontario Immigration Agreement expires this fall, the Minister might just get what he wants.
What is Canada - Ontario Immigration Agreement (COIA)?
Just like they do with many other important aspects of running a nation, the federal and provincial governments work together on immigration issues. The COIA, which assigns duties to both governments, is an example of a collaboration between the federal and provincial administrations.
Even though the federal government decides who immigrates to Canada, the provincial government can set the selection criteria for the new permanent residents. Usually, those criteria align with the economic and cultural needs of the province in question. This also includes the labour force needs in the province. If the Minister manages to get the new agreement in motion, it will help set new eligibility criteria for the PNP program and achieve the goal of accepting those whom the labour market needs.
The Provincial Nominee Program
The program was introduced in 1998 to help smaller provinces meet their economic needs. Back then, the majority of immigrants would move to Ontario, Quebec, or British Colombia, making matters harder for the Atlantic and Prairie provinces. With the PNP and the ability to set eligibility criteria, the provinces have a chance to choose their immigrants and improve their economic situation. Currently, the PNP is one of two major ways of economic immigration to Canada, along with Express Entry.
However, now the PNP presents another issue: forgetting province size.
As mentioned above, Ontario can nominate only 9,750 people, which makes it more difficult to target the people needed and to fulfill the demands of the provincial labour market. Simple math tells us that 9,750 people is not a lot when compared to the total amount of landed immigrants in the province, which results with accepting immigrants in a high saturated market.
The new Express Entry system should assist this issue too. The IRCC is supposed to start holding draws based on market labour goals early next year. The new bill, called Bill C-19, is supposed to help Canada choose its new residents according to its economic and labour market needs.
Considering that Express Entry is the go-to way for applying for a PR card, one can assume it will also play a role in the PNP as well.
Job Vacancies And Application Backlog Still Going Strong
Meanwhile, the backlog of applications is still very much present in the IRCC. There are currently over 2.4 million people waiting for their applications to be processed. Job vacancies are also set to increase, especially in the health care sector, making application processing and accepting targeted immigrants even more crucial.
Targeted Express Entry Draws Coming In 2023
Meanwhile Canada Has The Lowest Unemployment Rate Ever
The IRCC will start holding draws based on market labour goals in early 2023, CIC news reports. This strategy is a part of the Express Entry system reform that was announced earlier this year, by the Immigration Minister Sean Fraser.
Currently, the Express Entry system uses a Comprehensive Ranking System and considers factors such as age, education, work experience and language skills to rank candidates. Under the new legislation, Bill C-19, Canada will be able to choose new residents according to regional economic and labour market needs.
Bill C-19 also dictates the minister's obligation to engage in a public consultation process and annually report details of said draws to the Parliament.
Read More: Canada Planning Major Express Entry Changes
The Express Entry System has been in operation since 2015 and has worked well so far - so why change it now? It turns out, according to the Minister, that the current system does not allow the IRCC tailor the Invitations to Apply (ITAs) to align with the country's needs and demands.
For example:
Most of the people who submitted their applications may be experts in Industry A. At the same time, Canada's labour market is lacking experts in Industry B and would like to welcome more of them. However, if the applicants who are experts in Industry A have a higher CRS score than the applicants who are experts in Industry B (which Canada needs), those applicants will most likely get the ITA and ultimately obtain their permanent residency cards. The result: Canada's labour market is still lacking experts in Industry B, but has received more people with experience in Industry A, which is at full capacity. The new legislation would help the IRCC invite more people from Industry B.
Before the Express Entry System, applications were processed in the order they were submitted, meaning that the applicants would wait for years before getting their PRs approved.
Low Unemployment Rate
While we await the newly tailored draws, Canada's unemployment rate reached its all-time low. At the same time, the labour market lacks valuable people and employers are struggling to find workers. This is especially true for retail trade, which might also be suffering the consequences of inflation and changes in consumer behaviour.
Employment also fell in health care, information culture and recreation, and educational services. However, the most in-demand jobs in Canada are:
- Delivery Truck Drivers;
- Welders;
- Software Developers;
- Marketing Experts;
- HR managers;
- Nurses
- Electricians
- Engineers, etc.
Specific industries looking for employees:
- Manufacturing;
- Construction
- Hospitality;
- Retail
- IT
- Transportation and Logistics, etc.
Other than the workforce returning to normal after the pandemic, another reason for a low unemployment rate and employers struggling to find workers is retirement. More people over the age of 55 are opting for earlier retirement and are making the lives of HR managers more difficult. Add the great resignation to that equation and you have yourself a labour market jungle.
This could, of course, be fixed by landing more immigrants this year, which Canada is trying to do. The goal is to accept more than 430,000 permanent residents by the end of the year. Until now, Canada has landed around 200,000 new residents.
Read More: Canada Struggling With Finding Workers
Canada Is the Most Desirable Relocation Destination
Just as Canada needs young people to move in, the IRCC's backlog of applications keeps growing and now stands at around 2.7 million people. To tackle the backlog, Canada has been working on assembling a task force that will track the processing of applications. The IRCC has also paused some draws and prioritized certain applicants, such as Express Entry applicants already in the country.
Even though the backlog continues to rise, people's interest in moving to Canada is not waning, which does not come as a surprise.
According to Gallup, Canada is the top destination for migrants with an acceptance index of 8.46. Iceland, New Zealand, Australia, and Sierra Leone are among the top five most welcoming countries, with the United States ranking at number 6.
Canada's acceptance of immigrants is what makes it the most popular relocation destination in the world, according to recent surveys.
Recent research from Compare the Market Australia also shows that Canada is the most popular move-to destination for a whopping 50 countries around the world. Canada's multiculturalism and diversity, as well as its high ranks for government transparency, quality of life and education, make it a desirable destination for future permanent residents.
Canada knows it needs more immigrants, and Canadians are supportive of this motion. With the new Express Entry logistics, we might just achieve a win-win situation soon.
Immigration Minister discusses policy considerations for new PR pathway
Immigration Minister Sean Fraser has provided an update to CIC News on current policy considerations related to the development of a new immigration pathway for temporary residents.
Mandate for new migration pathways
On May 11, 2022, Parliament adopted a motion put forward by Randeep Sarai, MP for Surrey Centre, which gave Fraser 120 days to put together “pathways to permanent residency for temporary foreign workers, including international students, with significant Canadian work experience in sectors with persistent labour shortages”. Fraser has until September 8, 2022 to create a plan which must incorporate the following elements:
- Giving more weight to in-Canada work experience and expanding eligible occupation categories and work experience;
- Examining data from recent migration programs, including TR2PR and others;
- Targeting labour market and skills shortages through immigrant selection policy;
- Encouraging retention of immigrants in smaller communities and settlement of Francophone immigrants outside of Quebec;
- Identifying mechanisms to react more quickly to changes in labour market needs and regional economic priorities; and
- Giving specific consideration to labour fields that are currently underrepresented in economic immigration programs.
Read more: New Canadian Immigration Program in the Making
TR2PR a policy model?
In December 2021, then-newly-appointed Immigration Minister Sean Fraser was mandated to “[expand] pathways to Permanent Residence for international students and temporary foreign workers through the Express Entry system.” This mandate came shortly after the closure of the Temporary Resident to Permanent Resident (TR2PR) immigration pathway in November 2021.
The TR2PR pathway was an effective, but temporary, measure designed to allow Canada to meet its immigration target during the pandemic. Rupa Banerjee, a Canada research chair on immigration issues at Toronto Metropolitan University, noted that the TR2PR pathway’s focus on individuals who were already in the country was an “essential move” at the time due to border closures and pandemic restrictions.
Fraser said in June that the new pathway will not be identical to the TR2PR pathway, but has since implied it may be similar.
Considerations being discussed; no decisions announced
The program is still in its development phase and no concrete decisions have been announced. According to Fraser, one of the major policy considerations in the creation of this new program is that there are more people currently coming into Canada on a temporary basis than there may be spaces for in a permanent immigration plan.
The minister also said that he would not consider awarding temporary residents extra points through the Express Entry system because “that doesn’t necessarily give you the best and brightest… we might be drawing from people who don’t actually want to come.”
At the same time, however, he acknowledged that some temporary resident permits are being refused because immigration officers do not believe that the individual will leave once their visa expires.
“They’re told they can’t come temporarily because people think they might want to stay permanently, when in fact we all want them to stay permanently,” he said.
Read More: Canada Planning Major Express Entry Changes
Super Visa Can Now Last for Seven Years
Canada’s Super Visa reforms take effect On July 4th
Parents and grandparents of Canadian citizens and permanent residents can stay in the country for a maximum of seven consecutive years.
In a recent announcement, Immigration, Refugees and Citizenship Canada notified the public of a change made in the Super Visa program. Previously, the Super Visa program only allowed stays of up to two years. Now, the Super Visa holders can stay in Canada for five years, with the option for a two-year extension. International medical insurance will also be possible.
The changes will come into effect on July 4th.
"Families are at the heart of Canadian society," Immigration Minister Sean Fraser said in a news release. "The enhancements to the super visa program allow family members to reunite for longer in Canada, which helps everyday Canadian citizens and permanent residents succeed and contribute to society while affording their parents and grandparents invaluable opportunities to spend time with their family in Canada."
Read More: Canadian Politician Wants to Improve the Super Visa
International Medical Insurance Possible
Before, only Canadian insurance providers could provide the medical coverage required for Super Visa applicants. Also, Super Visa holders could not stay in Canada longer than two years per entry.
The reform now lets parents and grandparents stay in Canada longer and purchase insurance from other countries. Furthermore, the Immigration Minister will have the authority to designate international companies that can provide the coverage.
The possibility of not having to buy medical insurance from a Canadian company could help families save thousands of dollars per year, according to Kyle Seeback, who initially proposed the reform. He believes that the government's framework for the companies will make sure that Super Visa holders will be covered in case of sickness.
Those with families abroad will likely welcome the changes to the program, but it may take months to obtain a Super Visa. With more than two million applications pending, Canada is plagued by massive backlogs, which have slowed visa processing times.
With the current processing times, if you are applying from India, it can take at least 146 days, and if you are applying from the US, it can take up to 458 days. However, that is still less time than what's needed with the Parents and Grandparents Program (PGP), which offers permanent residency to its applicants. The downside is - it works based on the number of spots available and can take years to get.