Operational Bulletin 541 – October 08, 2013

Issue

This Operational Bulletin provides information regarding the revisions made to the:

• Sponsored Spouse/Partner Questionnaire (IMM 5490) and,
• Spouse/Common-Law Questionnaire (IMM 5285)

Summary

The CIC added Question 31 to the Sponsored Spouse/Partner Questionnaire. It also added Question 13 to the Spouse/Common-Law Questionnaire. These questions:

• Request the voluntary consent of the sponsored spouse
• Enable the sponsored spouse to inform the sponsor about the results of any investigation of marriage fraud or Marriages of Convenience

These amendments apply to applications concerning:

• Family class spousal
• Common-law partners and,
• Conjugal partners

Background

Increasing incidents of marriage fraud concerned the Government of Canada. Marriage fraud could result in:

• Victimising Canadian citizens and permanent residents and,
• Undermining the integrity of Canada’s citizenship and immigration programs

Consequently, Citizenship and Immigration Canada (CIC) took steps to address the issue of marriage fraud. Therefore, it implemented three regulatory amendments i.e.:

• A conditional permanent residence measure for spouses and partners in relationships of two years or less who have no children in common (OB 480)
• A five-year sponsorship bar that prohibits a sponsored spouse or partner from sponsoring a new spouse or partner within five years of receiving permanent residence (OB 386) and,
• Amending Section 4 of the Immigration and Refugee Protection Regulations (IRPR) that define “bad faith relationships” (OB 238)

Sponsors had expressed their concerns about the results of investigations into:

• Allegations of marriage fraud that,
• Involved the sponsored spouse

Their concern was that they never received the results of these investigations. Hence, Citizenship and Immigration Canada (CIC) and the Canada Border Service Agency (CBSA) acted on these concerns. They amended the IMM 5490 and IMM 5285 forms. Both forms now include the question:

“If there is an investigation into marriage fraud about you, do you consent to Citizenship and Immigration Canada and the Canada Border Service Agency releasing the results to your sponsor?”

The CIC mandates the completion of the Sponsored Spouse/Partner Questionnaire (IMM 5490) by anyone who:

• Submits an application for permanent residence and,
• Is sponsored by a spouse or partner overseas

Similarly, the CIC mandates the completion of the Spouse/Common-Law Questionnaire (IMM 5285) by anyone who:

• Submits an application for permanent residence and,
• Is sponsored by a spouse or common law partner residing in Canada

Instructions

• Applicants seeking permanent residence need to submit either the IMM 5490 form or the IMM 5285 form along with their application
• The consent provided in response to questions 31 and 13 on the respective forms is voluntary
• Therefore, this voluntary consent must not affect the outcome of the application
• Spouses of applicants have the option of revoking their consent at a later date
• For this, they need to advise the CIC by writing to the Case Processing Centre
• The CIC would not release any information in case a spouse of an applicant revokes the consent given earlier
• Officers of the CIC would:
• Not release any information about any type of abuse without the written consent of the victim
• Document all steps taken in cases involving:
• Abuse
• Neglect or,
• Child Abuse
• Provide an exemption to the steps listed above according to:
• Section 17 of the Access to Information Act or,
• Section 25 of the Privacy Act

This exemption seeks to ensure that the safety of the victims is not jeopardised by the disclosure of such information

• Report any information received about any form of abuse against a child (outlined in reporting sensitive cases) to their:
• Immediate supervisor or,
• Manager and,
• CIC-National Headquarters
• The supervisor or manager would:
• Consult with the local director before reporting the information to the appropriate authorities
• Only disclose the information without taking the individual’s consent if there is a clear and imminent threat of harm or danger to the children
• Send a memo to the Deputy Minister requesting that the Deputy Minister release the information to the authorities without the individual’s consent if the supervisor or manager:
• Has information regarding child abuse and,
• Does not see any clear and imminent threat of harm or danger to the children

This is in accordance with Paragraph 8(2) (m) of the Privacy Act that allows the:

• Disclosure of personal information,
• Without the affected individual’s consent in circumstances where:
• The public interest in disclosure outweighs concerns about the invasion of privacy OR,
• The individual would benefit from the disclosure
• Follow the procedures outlined for reporting sensitive cases including notification of the Operational Management and Coordination (OMC) Branch

Source: Citizenship and Immigration Canada (CIC)