Domestic Violence May Lead to Cancellation of Your Canadian Sponsorship Visa

To constrict immigration laws, Canada amends its immigration and refugee protection regulations.

In a move to tighten the country’s immigration laws, the government of Canada has amended its immigration and refugee protection regulations by introducing a new rule that would make it impossible to sponsor any family class member to Canada if the person has been convicted of crimes resulting in bodily harm against members back home. The new law has been introduced after the case of a man convicted of killing his brother's wife was allowed to sponsor his own wife made headlines in the Canadian press. The man was allowed to sponsor his wife has sister in-law was not under the definition of relative or family member in the old regulations. 

Old Law Vs New Law:  According to the old Canada immigration laws to sponsor a family member, the application was not approved only if the sponsor was convicted of a physical abuse or bodily harm against a list of family members or relatives. 

The new improved law has now expanded the list covering a large number of relatives, family members and extended family in order to ensure that no person with a history of physical violence or domestic abuse is not allowed to settle in Canada for at least five years following the completion of their sentence. Also any person imprisoned for 10 years due to violence or domestic abuse is now completely barred from sponsoring a member of the family class to come to Canada.

Family Member Spectrum Hiked: The government of Canada introduced the new law since a definition of 'family members' in Canada excludes many relatives that would constituent as family members in South Asia and other countries.

The older list of relationships included spouse, partner, dependent child, or dependent child of a dependent child of the sponsor or the sponsor's partner and brother/sister, parent/grandparent, aunt/uncle or cousin of the sponsor or the sponsor's partner.

According to the new law, the definition of a family member will now include

1. The sponsor's ex-spouse or ex-partner and their children,
2. The ex-spouse of the sponsor's current spouse or partner and their children,
3. The partner or ex-partner of the sponsor's brother/sister, Parent/grandparent, Aunt/uncle, or cousin;
4. Spouse or ex-spouse of the partner's brother/sister, parent/grandparent, aunt/uncle, or cousin.
5. Even a foster child under the current or former care and control of the sponsor or their current or ex-spouse or partner and sponsor's current or ex-boyfriend/girlfriend, whether or not they live together, or a family member of that person

Fall Out: The new law would make it tougher for South Asians who are more prone to domestic violence as compared to others. The ban or suspension on sponsorship under the new rule of those convicted would be effective until the convicted person is acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence.