Operational Bulletin 605 – June 11, 2015
The Change to the Minimum Age of Eligibility of Spouses, Common-Law or Conjugal Partners in Temporary and Permanent Immigration Programs
Summary
This Operational Bulletin (OB) provides operational guidance to staff from Citizenship and Immigration Canada (CIC) and the Canada Border Services Agency (CBSA). It instructs them on the regulatory amendments that raise the minimum age of eligibility of the following individuals in all temporary and permanent resident programs, from the existing 16 years to 18 years:
- Spouses
- Common-law partners and,
- Conjugal partners
Background
Prior to June 10, 2015, the authorities permitted a foreign national 16 years of age or older to immigrate to Canada as a spouse, common-law partner or conjugal partner. This applied to all permanent and temporary resident programs.
The Government of Canada has recognised the vulnerability of women in the immigration context. Therefore, it has taken steps to protect women and girls from becoming victims of early and forced marriages. This is why this new regulatory amendment comes into force from June 10, 2015. This new regulatory amendment aims at:
- Providing better protection against child, early and forced marriage and,
- Strengthening program integrity levels
It is worth noting that the new regulation is in line with:
- Canada’s stance against early and forced marriage and,
- The United Nations Convention on the Rights of the Child, to which Canada is a signatory (this defines children as being persons below 18 years of age)
By raising the minimum age for children, the authorities hope to decrease the risks of early and forced marriages. They also expect the new regulations to serve as a disincentive for individuals below 18 years of age to enter into marriages of convenience to obtain immigration status in Canada. This is especially so as these individuals would not be able to receive sponsorship as a spouse, common-law partner or conjugal partner.
In addition, the authorities expect the new regulations to reduce the number of potentially vulnerable young spouses or partners immigrating to Canada. This is particularly so in the case of individuals, who are unable to prevent an early or forced marriage from taking place because they:
- Have not yet reached full maturity or,
- Do not possess the ability to act in their own best interest
The New Minimum Age of Spouse, Common-law Partner or Conjugal Partner
The Process for Spouses and Partners Below 18 Years of Age Who Are Dependent on their Parents
The Process for Spouses and Partners Below 18 Years of Age Who Are in Refugee Camps
The Impact of Raising the Minimum Age of a Spouse on Family Class Refusal Appeals Before the Immigration Appeal Division (IAD)
Source: Citizenship and Immigration