CBA Section Applauds Minister's Intent to Facilitate Spousal
Permanent Resident Applications in Canada
FOR IMMEDIATE RELEASE
December 15, 2004
OTTAWA - The Canadian Bar Association's Citizenship and Immigration Law Section
applauds Immigration Minister Judy Sgro's plan to amend a policy that would see
fairer treatment for out-of-status spouses and partners of Canadian citizens and
permanent residents.
"The CBA supports this policy shift and encourages the Minister to move
further to restore the discretion that was reduced by the Immigration and
Refugee Protection Act," says Wendy Danson, chair of the CBA Immigration
Law Section. "We want to see sensible discretion restored, not only in the
case of spouses and partners in Canada, but throughout the administration of our
immigration laws."
On Dec. 13, Minister Sgro said that she intends to change the policy that forces
out-of-status spouses and partners in genuine relationships to apply for
permanent resident status from outside of Canada. "The need for the
applicant to leave the country can cause hardship for families, particularly
where there are children or emotional or financial dependency," adds Wendy
Danson.
As a result, spouses and partners have had to seek the Minister's political
intervention or temporary resident permits to avoid unnecessary separation from
their families.
Until June 2002, it was Canada's long-standing policy to facilitate admission of
these spouses and partners from within Canada on humanitarian and compassionate
grounds. In June 2002, the policy of recognizing inherent humanitarian and
compassionate circumstances in genuine partnerships was abandoned.
The CBA has lobbied the government to restore a policy that recognizes
humanitarian and compassionate circumstances that are inherent in genuine
marriages and partnerships. "Canadian policy should facilitate
spouses and partners in genuine relationships in Canada being processed for
permanent resident status within Canada as a matter of general practice,"
says Ms. Danson.
The Canadian Bar Association is dedicated to improvement in the law and the
administration of justice. Some 38,000 lawyers, law teachers, and law students
from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925,
ext. 146; E-mail: hannahb@cba.org.
Copyright © 2004 The Canadian Bar
Association