Important IRPR Amendments: Expanded Sponsorship Bar for Violent Crime

On November 18, 2011, as amendments to the Immigration and Refugee Protection Regulations (IRPR) came into force, persons who have been convicted of certain offences are no longer eligible to sponsor their family members. Effective the same date, the new amendments will be applied to all new applications, all applications in process for which a final decision has not yet been rendered and all new and pending appeals before the Immigration Appeal Division. Jeff Li, an immigration lawyer based in Toronto, points out that a large number of sponsorship applications and appeals will be affected as a result.

Under the amendments, a person convicted of an indictable offence involving the use of violence punishable by a maximum term of imprisonment of at least 10 years or an attempt to commit such an offence is barred from sponsorship. A person convicted of an offence that results in bodily harm (as defined in section 2 of the Criminal Code) to the following groups of family members is also barred from sponsorship:

• a current or former family member of the sponsor, including the spouse or common-law partner of the sponsor and their children, the ex-spouse or common-law partner of the sponsor and their children, and the children of the sponsor;
• a relative of the sponsor, as well as a current or former family member of that relative, including the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor; the spouse or common-law partner and children of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor; and the ex-spouse or ex-common-law partner (and their children) of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor;
• a relative of the family member of the sponsor, or a current or former family member of that relative, including the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s spouse/common-law partner or children; the spouse or common-law partner and children of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s spouse/common-law partner or children; and the ex-spouse or ex-common-law partner (and their children) of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s spouse/common-law partner or children;
• a current or former conjugal partner of the sponsor;
• a current or former family member of a family member or conjugal partner of the sponsor, including the spouse or common-law partner or children of the sponsor’s child, and the ex-spouse or common-law partner and children of the sponsor’s spouse, partner or child;
• a relative of the conjugal partner of the sponsor, or a current or former family member of that relative, including the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s conjugal partner; the spouse/common-law partner (and their children)of the, parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s conjugal partner; and the ex-spouse/common-law partner (and their children) of the parent/grandparent, child/grandchild, sibling, niece/nephew, aunt/uncle, cousin of the sponsor’s conjugal partner;
• a child under the current or former care and control of the sponsor, their current or former family member or conjugal partner, including a foster child who is or was cared for by the sponsor, and their spouse/partner, ex-spouse/partner or children;
• 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, including a foster child who is or was cared for by the parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin of the sponsor, and a foster child who is or was cared for by the spouse/partner or ex-spouse/partner (and their children) of the parent/grandparent, child/grandchild, sibling, aunt/uncle or cousin of the sponsor; and
• someone the sponsor is dating or has dated, whether or not they have lived together, or a family member of that person, including current or ex-boyfriend/girlfriend, their spouse or common-law partner and their dependent children.

Currently, the Criminal Code offences that carry a maximum sentence of 10 years and would be captured by the bar under the new amendments include, but not limited to the following:

Citizenship and Immigration Canada (CIC) states that the two major objectives of the amendments are to assist in the protection of foreign nationals from family violence and to reinforce the integrity of the sponsorship program. The amendments were said to be a legislative response to a Federal Court decision (CIC v. Brar, 2008 FC 1285). In the case, a man convicted of killing his brother’s wife was allowed to sponsor his own wife, as the court rules that a sister-in-law (the wife of the sponsor’s brother) did not meet the definition of relative or family member in the IRPR. The amendment was made to expand the listed family relationships for the sponsorship bar to include examples as in the Brar case.

Persons convicted under the Criminal Code of an offence of sexual nature, or any attempt or threat to commit such an offence, against any person continue to be barred from sponsoring a family member.