NEW RULES SPOUSAL SPONSORSHIP

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: NEW RULES SPOUSAL SPONSORSHIP
  New rules of engagement proposed for marriages involving immigrants
Jim Bronskill, The Canadian Press

OTTAWA - The Harper government has quietly proposed that people coming to Canada to join their partner must stay in the relationship for two years or more before being formally granted permanent residence.
The planned regulatory move which follows a series of town halls and online consultations represents a federal bid to stamp out fraudulent marriages that are used to dodge immigration laws.
Under the proposal, a spouse or partner from abroad who has been in a relationship with the Canadian sponsor for two years or less would be granted only "conditional permanent residence."

The newcomer would then have to remain in a bona fide relationship with their sponsor for two years or more following arrival or risk having their permanent residence status revoked. In turn, this could lead to their removal from Canada.

A federal notice published just before the election writ was issued Saturday says the measure would "send a message that Canada is taking a strong stance against marriage fraud, and immigration fraud in general."

It would also bring Canada´s policies in line with those of other countries, such as the United States, Britain and Australia, all of which already have a form of two-year conditional status for those in new relationships, the notice says.

The director of a legal clinic that serves the Asian community says the move will hurt women in violent relationships.

"It´s going to be disastrous for women who are abused," said Avvy Go of the Metro Toronto Chinese and Southeast Asian Legal Clinic.
The federal notice says that given concerns about violent relationships, "a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action" would be developed should the new measure be put in place.

But Go says many vulnerable women simply won´t report abuse by their partners. In addition, she doesn´t trust immigration officers "who are not trained to deal with domestic violence situations" to decide whether or not a woman has actually fled an abusive relationship.
The public has 30 days to comment on the federal proposal.
The government says while most relationships are believed to be legitimate, the spousal sponsorship process is open to fraud.
In some case, both parties may be using the system for immigration purposes. In others, the sponsor thinks the relationship is genuine while the sponsored partner intends on breaking up shortly after gaining permanent residence status.

The government says "firm figures" on the extent of marriage fraud are not available. However, about 16 per cent of the 46,300 immigration applications processed last year were refused for various reasons.
Many were rejected because the relationship was considered a sham, while others were refused for reasons including criminal history, security and medical issues, the government says.

Last fall, Immigration Minister Jason Kenney held town hall meetings in Vancouver, Brampton, Ont., and Montreal to discuss marriages of convenience. His department also consulted the provinces and territories.

An online consultation drew 2,342 responses from the general public and 89 from interested groups.

The federal notice says respondents "expressed considerable concern" about marriages of convenience. "Most considered the issue to be a threat to the integrity of Canada´s immigration system."

As an additional measure, the government proposes to introduce a "sponsorship bar" that would prevent sponsored partners and spouses from sponsoring a new partner for five years.

WHAT DO YOU THINK

Roy
cvimmigration.com

[29-03-2011,07:23]
[**.242.224.69]
Roy
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
To All

This Minister is being fed misinformation by bureaucratic Ottawa types who want him to appear tough on Immigration at the time of an election.

The problem of some bogus marriages getting in is caused by these various people in LA LA Land aka Ottawa creating an environment of fear and shortage of types of FSW applications available. Five (+) years for people wishing to Immigrate would not make certain people wishing to immigrate to stoop to this level if the processing times were better.

Then the Ministerial Occupation list came out and is set up with Occupations that no one would have enough points for like Cooks or Occupations that are all regulated to the hills by Provincial regulatory bodies. So people have to seek out crooks, fraudsters, scam artists to do a bogus AEO arranged employment offer just to be able to apply.

HERE IS MY POINT!

If you find someone that you can afford to pay $30,000.00 for a bogus marriage what is another $10,000.00 to get them to stay in the marriage for a total of two years.

Then how is the local office going to know that your not already divorced - oh yeah lets slow down the Landing process for others already in Canada awaiting Landing by giving those staff more work!

All these Migration Integrity Officers (MIO) he hired four years ago to peek into banquet halls and bedroom windows overseas to see if the marriages were real did not work and this will not work!

THIS WILL NOT WORK AND THE PROBLEM IS NOT AS BAD AS THESE OTTAWA TYPES MAKE OUT!

Roy
cvimmigration.com


[29-03-2011,07:44]
[**.242.224.69]
Roy
RE (in reply to: NEW RULES SPOUSAL SPONSORSHIP)
Hi Roy,

I agree with you. People always come out with new ways to cheat the immigration system. Who knows who is true.

[29-03-2011,10:07]
[**.96.226.85]
Sam
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
What about the Canadian originally from India who enters into an arranged marriage with their partner.

That person (male or female) then gets to Canada and sneaks into the United States to be with their true love. That means the Canadian is punished and can not sponsor a new partner for at least five years.

To Me - It Does Not Seem Fair.

Roy
cvimmigration.com

[29-03-2011,10:13]
[**.245.183.126]
Roy
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
Love conquers all and is the greatest gift of all.
[29-03-2011,10:24]
[**.233.201.58]
Anonymous
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
Everyone has their own opinion , i think this is great move block the fake marriage sponsorship cases. Only people who will see this rule unfair will be the one who wants to bring here fake spouses for $$$$$$$$.

I think after the two years, when the spouse becomes PR, then the Government should count the two year which he/she already spend here towards the Canadian Citizenship residency requirement.

[29-03-2011,10:50]
[**.38.129.82]
Patel
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
this mirrors US policy and I have been advocating this move since I started coming to this forum.

It´s not perfect but I submit it is better than what we´re currently dealing with.

[29-03-2011,12:27]
[**.180.238.237]
Sharon
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
ps, it is not law yet and there is an election underway.
[29-03-2011,12:28]
[**.180.238.237]
Sharon
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
It is a change in the regulations which only needs to be put in the Gazette a second time as far as I understand the process.

So look at Spousal Sponsorships this way - 21 months for spouses from Pakistan and the time frame keeps growing and growing. Plus two months for Mississauga CPC to approve the Sponsor and transfer the file.

If the applicant gets kicked for an Interview they have to be married for four years or longer. If at the interview is negative and they have to appeal you can add two more years to the process. That would mean the couple has been married for six years before she/he is even landed.

That time frame alone could easily cause the marriage to fail right after the applicant arrives.

How much more strain do CIC want to put on real marriages?

It is far more likely that a marriage from within Canada is bogus then an overseas marriage. Guy comes to Canada makes a refugee claim and starts making money. Fails his refugee claim after two years. Submits H&C Application based on establishment in Canada of his own construction firm and to seal the deal gets married just before being called to the PRRA.

Can the applicant and sponsor in Canada fabricate the evidence to establish a genuine marriage? SURE! Not Difficult!

Do Counsels help them fabricate evidence? I bet some do!

Prove to me that someone already in Canada is in a genuine marriage or not! Trudeau said the government has no place in the bedrooms of Canadian´s.

Never a more true phrase, spoken.

If this change would stop bogus marriages I would support it with bells on.

I can see it only hurting genuine marriages!

Any person who marries someone from a third world country should think ten times before sponsoring a partner from that economic nightmare of a country regardless of religion.

Roy
cvimmigration.com

[29-03-2011,14:19]
[**.229.20.129]
Anonymous
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
Get married with a local Canadian girl or boy depending on which way you swing to!
[29-03-2011,21:37]
[**.233.201.58]
Anonymous
(in reply to: NEW RULES SPOUSAL SPONSORSHIP)
but they don´t want to marry, they just wants fun on weekends.............
[30-03-2011,01:40]
[**.56.228.22]
Anonymous