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CANADA ANNOUNCES NEW LAWS TO REUNITE FAMILIES IN CANADA

By Atty. Henry Moyal

Effective May 29, 2023, the Honorable Sean Fraser, Minister of Immigration, Refugees and Citizenship announced new measures to strengthen family reunification. In particular, the measures will make it easier for spouses of Canadian Citizens/Permanent Residents to enter Canada to join their spouses in Canada. As well, the processing times will set at 30 day processing times. Then, once in Canada, those visiting spouses will obtain an open work permit while their spousal sponsorship applications are in process.

The general summary of these unprecedented laws are:

• To allow spouses (of Citizens/PR) living outside of Canada to obtain visitor visas
• To provide faster processing times for spousal applicants
• new and dedicated processing tools for spousal TRV applicants

Once in Canada:

• provide a new open work permit for spousal and family class applicants
• open work permit extensions for open work permit holders expiring between August 1 and the end of 2023

To obtain the above noted open work permit the non-Canadian family member (foreign national) in Canada must meet the following criteria:

1. The foreign national:
   1. is a principal applicant who has submitted a permanent residence application under the Spouse or Common-Law Partner in Canada Class or as a spouse, common-law or conjugal partner under the Family Class that has been accepted for processing by Immigration, Refugees and Citizenship Canada after meeting the requirements of a complete application
   2. has submitted a work permit application
   3. is the subject of a sponsorship application submitted by their Canadian citizen or permanent resident spouse, common-law or conjugal partner;
   4. has the same residential address as their sponsor in Canada at the time of application; and,
   5. has a valid temporary resident status in Canada or is eligible for and has applied for restoration of status.

OR

1. The foreign national:
   1. is a dependent child and has been included as an accompanying family member in the application for permanent residence
   2. has submitted a work permit application
   3. has the same residential address as the principal applicant and their sponsor in Canada at the time of application; and,
   4. has a valid temporary resident status in Canada or is eligible for and has applied for restoration of status.

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario.
The above article is general advice only and is not intended to act as a legal document.
Send questions to Attorney Moyal by email canada@moyal.com or call 416 733 3193