All of you who are expecting a wait of many many months to see your spouse should send your opinions on the proposed regulations.

The new bill makes it easier for spouses to stay in Canada and apply from within Canada. This is good - but only for those fortunate enough to be able to obtain a visitor's visa to Canada, or those not requiring a visitor's visa.

But for those spouses who have been denied a visitor's visa for no legitimate reason, other than a visa officer's careless and uncaring opinion, they must suffer for many months without their spouse.

It is unfair to assume that all visitors to Canada from certain countries are illegal immigrants unless they can prove otherwise. Proof is impossible.

The new laws should allow all spouses of Canadian citizens to enter Canada and remain on a temporary basis until their application has been either accepted or rejected.

I think the new bill is basically very good, but it's unfair and inhumane to keep families separated for so long.

Comments on the proposed regulations can be sent to the Department's Legislative Review and Implementation Branch at [email protected] or by fax to (613) 946-0581. All comments received will be given due consideration.

Hi Ray777,

You are right!!! The new Act brought some good news for family class
applicants such as:

- dual indent is now part of law;

- create an in-Canada landing class for sponsored spouses/common-law partners and
their dependent children;

- allow in-Canada spouses/common-law partners to work while their applications are in
process; and

- allow the foreign nationals of certain classes such as in-Canada class to apply for
an authorization for 'Applicants to Remain in Canada as Permanent Residents'.

According to new proposed Regulations, a foreign national is a member of the
spouse/common-law partner in-Canada class if they:

- have temporary resident status in Canada such as temporary resident visa/visitor
visa, student visa, temporary resident permit etc.etc.

However, how the spouses of Canadian citizen/PR will come into Canada to get the
benefits of in-Canada class is still not clear YET and hence questionable.

According to your statement i.e. "This is good - but only for those fortunate enough
to be able to obtain a visitor's visa to Canada, or those not requiring a visitor's
visa". In this respect, I would like to add something here:

The new Immigration Act clearly states that in-Canada class will be available to
those spouses/applicants who DIDN'T gain admission to Canada on the basis of
MISREPRESENTATION, fraud and omission. Therefore, if the citizens of visa exempted
countries such as USA, UK etc. etc. misrepresent themselves at the POE (border
catch-22) then they might be in trouble at the later stage. Similar conditions may
apply to temporary resident visa/visitor visa applicants. In the new Act, another new
provision is that no right to appeal would exist where the foreign national being
sponsored is found inadmissible due to misrepresentation, unless the foreign national
is the spouse/common-law partner or child of the sponsor.

My Opinion
**********

I would suggest that:

1. CIC would issue 'Temporary Resident Permits' (TRP) to such spouses/common-law
partners and clarify this point in the new regulations. Here are the key points
regarding TRP in the new Act/new proposed Regulations:

- a TRP is valid for single entry & can be cancelled at any time if required;

- the permit is intended to facilitate the entry and stay in Canada of foreign
nationals who are inadmissible or DO NOT MEET the requirements of the Act;

- the immigration officers with the discretion to issue a TRP to authorize a foreign
national to enter or remain in Canada in EXCEPTIONAL circumstances; (this point
needs to be clarified for spouses/common-law partners); and

- the TRP Permit holders may apply for PR status in Canada.

Clause 26 of the new Act authorizes CIC to make regulations for any matter that deals
with entering and remaining in Canada, including:

- entering, remaining in and re-entering Canada; and

- the issuance of temporary resident permits (TRP)to foreign nationals who are
inadmissible or do not meet the requirements of the Act.

Therefore, the new Regulations can outline the circumstances and process by which an
officer may issue a temporary resident permit.

2. Alternately, CIC would issue a special temporary facilitating visa/permit only for
spouses/common-law partners.

A German woman Mrs. Chesters' with multiple sclerosis (MS) is challenging CIC in
Federal Court of Canada against medical inadmissibility clause in the current Act. I
know this this is not the issue of discussion, however, I like her statement: "It
doesn't go with the picture that you have of Canada, being a free country, being so
generous, being so accepting of minorities," "In a democratic country, I don't see
why you should not allow the spouse of a Canadian citizen to enter the country." For
details, here is the link: http://www.nationalpost.com/news/nat...ory.html?f=/s-
tories/20020108/1066093.html

As a matter of fact, Canadian immigration policy & legislation has a long tradition
of supporting family reunification with their close family members from abroad. I
hope CIC will keep its tradition alive and will make some changes in the new
Regulations in respect of their visitor visa/temporary resident visa policy for
spouses of Canadian citizens/PR's. I believe by doing such a sensible thing will
enhance Canada's humanitarian commitments to family reunification.

Canadian citizens and PR's can mail/eMail their comments/opinions to:

The Honourable Denis Coderre Minister for Citizenship and Immigration Canada Jean
Edmonds Tower South 365 Laurier Avenue West Ottawa, ON K1A 1L1 Tele: (613) 954-1064
Fax: (613) 957-2688 e-Mail: [email protected]

or

The Honourable Denis Coderre Minister for Citizenship and Immigration Canada Room
648-D, Centre Block House of Commons Ottawa, ON K1A 0A6 Tele: (613) 995-6108 Fax:
(613) 995-9755

MP's can also help in this respect, therefore, you may also write to your MP. Please
note, NO stamps are required if we mail to our
MP/Cabinet Minister/Prime Minister IF we sent to their offices in Ottawa.

Comments on the proposed regulations can also be sent to the Department's
Legislative Review and Implementation Branch at [email protected] or by fax
to (613) 946-0581.

Neil

ray777 <[email protected]>
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It is a strange and annoying situation. I mean at the moment I live in UK and my wife
lives in Canada and she is about to file to be my sponsor once she gets our wedding
certificate from the peopel which seems to be takign forever. The reason i didn't
stay after our wedding and apply inland was because i had to come back and finish my
degree here. So now we do the normal application thing. The frustrating part is that
this could take say 6-8 months, hopefully it will as quick as possible ratehr than at
the long side. However ill be finished with my studies in around 4 -5 months. So best
scenario i only have to wait an extra 3 or 4 weeks after i graduate to move. However
if it takes longer i have to sit around here and wait, and can't just fly to Canada
and stay with my wife till it's done. So instead i have to fly and visit as a tourist
as it were and then come back to UK and then wait for Visa and then fly back, which
seems to me a waste of money but alas it's the way it works. Drew

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Hi Neil,

I think your recommendations are nothing but reasonable.

Certainly it's not hard for our RCMP to keep track of temporary residents in Canada while they await approval.

The point you made about the new regulations: "The new Immigration Act clearly states that in-Canada class will be available to those spouses/applicants who DIDN'T gain admission to Canada on the basis of
MISREPRESENTATION, fraud and omission."

Certainly a prospective visitor who can't lie well enough, or otherwise convince a visa officer that they have are only visiting, is on the basis of ommision. Not presenting enough evidence that they are JUST visiting.

Yeah, try and argue that one in court.

I urge everyone reading this to read Neal's post and contact your MP and/or the new Minister of Immigration and voice your concerns regarding issuing temporary visas for spouses of Canadian citizens.

Your voice counts!!!

Comments can be sent to the Department's Legislative Review and Implementation Branch at [email protected] or by fax to (613) 946-0581. They say that all comments received will be given due consideration.