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Changes coming for Family Class Sponsorship?

Changes coming for Family Class Sponsorship?

Old Mar 28th 2011, 5:14 pm
  #1  
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Default Changes coming for Family Class Sponsorship?

I don't know if this has been mentioned here at all, but I saw this today, regarding changes to the way that PRs are given out for Spousal reasons.

Link to Winnipeg Free Press Website

Anyone heard about this? Seems to be little coverage of it. I'm sure it will be dependent on the outcome of the election, and may just be an attempt to win some votes, but still just throwing it out there.

From what it says there, the only real change would be that they are 'reserving' the right to kick someone out if they break up/are found to be lying within two years, so I imagine that the application processes will stay the same.

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.
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Old Mar 28th 2011, 8:32 pm
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Default Re: Changes coming for Family Class Sponsorship?

Interesting development.

I can see the thought process behind it and it should (if enforceable) improve the sham marriage issues. As we all know a lot can happen to a genuine marriage in two years, especially after a gut wrenching move across the planet and the uncertainty of a different culture/life style, work etc.

Imagine if two people have been married, for years, in their country of origin and they both move over to Canada, possibly with children. They bust up after 6 months. Both have jobs and all their worldly possessions to hand, plus they like Canada and don't want to leave. But one has to leave, or apply for PR in their own right.

I guess there would need to be some conditions built in along the lines of... If you have been married (or cohabited) for (say) over 2 years prior to issuance of PR, or have dependant children the rule would not apply. Or something similar that allows for genuine couples not to be screwed over by such a law.
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Old Mar 28th 2011, 9:17 pm
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Default Re: Changes coming for Family Class Sponsorship?

This is not a nice question, and I sincerely hope hypothetical...but..., if I do get my PM and move with my Canadian husband and Canadian son to Canada, what happens if my sponsor/husband gets run over by a bus in the first two years, or just drops dead? Do I have to leave Canada? Under present conditions could I stay, and I would presume under proposed changes I'd have to leave if this happened within two years?

Couldn't agree more, the most rock-steady of marriages can go a bit fragile under the massive pressures of moving/unemployment/separation and the whole bloody gamut of problems that lead us to emigrate/immigrate. I watch on here am amazed at the determination and spirit of the people wanting to start a new life and hopefully better their family situation. Puts all my occasional worries and regular, but constant, fears into perspective.
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Old Mar 29th 2011, 1:20 am
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Default Re: Changes coming for Family Class Sponsorship?

I saw another thread on this topic with the official release by CIC:

http://britishexpats.com/forum/searc...earchid=788884

Originally Posted by siouxie
Did you see this?

See the following link:

http://www.gazette.gc.ca/rp-pr/p1/20...-eng.html#d114

Official publication will occur tomorrow. You have 30 days to get your comments in. This is what the government is actually proposing:

Description

Citizenship and Immigration Canada proposes to introduce amendments to the Immigration and Refugee Protection Regulations specifying that, under the family class or the spouse and common-law in Canada class, a spouse or a common-law or conjugal partner who is in a relationship of two years or less with their sponsor at the time of sponsorship application would be subject to a period of conditional permanent residence.

The condition would require that the sponsored spouse or partner remain in a bona fide relationship with their sponsor for a period of two years or more following receipt of their permanent residence status in Canada. Only cases targeted for fraud would be reviewed during the conditional period. Permanent residence could be revoked (leading to initiation of removal) if the condition of remaining in a bona fide relationship was not met.

For all other cases, the condition would be automatically lifted after the specified conditional period had elapsed. Beyond the requirement to satisfy the condition, the conditional permanent residence would not differ from permanent residence.

Given concerns about the vulnerability of spouses and partners in abusive relationships, a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action would be developed if a conditional permanent residence period were introduced.


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Old Mar 29th 2011, 2:50 am
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Default Re: Changes coming for Family Class Sponsorship?

Originally Posted by MillieF
This is not a nice question, and I sincerely hope hypothetical...but..., if I do get my PM and move with my Canadian husband and Canadian son to Canada, what happens if my sponsor/husband gets run over by a bus in the first two years, or just drops dead? Do I have to leave Canada? Under present conditions could I stay, and I would presume under proposed changes I'd have to leave if this happened within two years?
Millie

I'd like to think that the system would be a little more fair than that.

Right now, once you have your PR, you can retain that PR as long as you meet with normal PR requirements. i.e. Crucially, spend at least 2 years in five in Canada.
Currently your PR is not linked to your husband being alive or you living with him. So no! You would not have to leave Canada. I feel it would be unlikely that changes would be applied respectively, so you should be fine in any similar scenario.
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Old Mar 29th 2011, 2:51 am
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Default Re: Changes coming for Family Class Sponsorship?

Originally Posted by alexisatk
I saw another thread on this topic with the official release by CIC:

http://britishexpats.com/forum/searc...earchid=788884
Alex

The link appears broken
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Old Mar 29th 2011, 3:17 am
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Default Re: Changes coming for Family Class Sponsorship?

hI

Originally Posted by mattieuk
I don't know if this has been mentioned here at all, but I saw this today, regarding changes to the way that PRs are given out for Spousal reasons.

Link to Winnipeg Free Press Website

Anyone heard about this? Seems to be little coverage of it. I'm sure it will be dependent on the outcome of the election, and may just be an attempt to win some votes, but still just throwing it out there.

From what it says there, the only real change would be that they are 'reserving' the right to kick someone out if they break up/are found to be lying within two years, so I imagine that the application processes will stay the same.
1. Regulations changes don't require parliamentry approval.
2. Here are my thoughts on the proposed regulations that posted in another forum

1. Now, there is really nothing in place other reporting the person for misrepresentation to CBSA when there was a separation immediately after "landing" and the Immigrant sponsors a new spouse as soon as the divorce is final.
2. What I have problems is that the divorce rate in Canada is about 48% so about 1 in every 2 marriages fails. Just because an Immigrant marriage fails it doesn't mean that it was a MOC. With the long waits for processing people change over time, and for some Immigrants arriving in Canada, find that their sponsor is not the same person that they married.
3. I think this could be case where the sponsor is "Canadianized" and the spouse comes from a traditional society where spouses have their role, especially those where it is male dominated. The spouse arrives in Canada and is marginalized, finding that their education and experience means little and they have difficulty finding work that is commensurate with what they had at home. I also feel that immigrant women may have an even harder time, especially if they have no language ability, or marketable skills. They may find themselves basically trapped, as they no longer have the support of their family in the home country. I really don't want to see these people "punished" when the sponsor says "you do it my way or obey me, if you don't, you will be going home" Previously this was a pretty empty threat, but it may not be so empty in the future. Especially when the Immigrant doesn't know or understand the system.
4. It may help a bit where the spousal application is appears a bit "iffy" to the overseas office. Now they would just refuse and by the time the application goes through the appeal stages and re-processed another 2 years or more has passed. This can't be good for any marriage. The overseas office would just issue the conditional PR, and let CIC in Canada worry about it.
5. It adds another bureaucratic stage to the whole process. CIC has enough problems now in processing applications in a reasonable time, I can imagine how convoluted this confirming of the couple still residing together after a number of years, and if they have split what was the reason and if anyone was at fault.
6. I have to assume that anyone that received a conditional PR and their marriage failed, would have the right of appeal to the IAD, where they could very likely have to be considered on H.& C. grounds as you would think that after 3/4 years they probably have established themselves. Another layer of bureaucracy. Unless it was considered Misrepresentation where H.& C doesn't enter into it.
7. It is not going to catch those that are willing to wait the 3 years. If the goal is to get into Canada by any means, what is 3 years?
8. I really don't think that this amendment was well thought out, but I guess we shall see
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Old Mar 29th 2011, 3:35 am
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Default Re: Changes coming for Family Class Sponsorship?

Originally Posted by james.mc
Alex

The link appears broken
http://britishexpats.com/forum/showthread.php?t=710888
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Old Mar 29th 2011, 5:01 am
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Default Re: Changes coming for Family Class Sponsorship?

This has been the case for spousal immigration to USA for quite some time. If you've not been married for 2 years before applying for immigration, they will only issue you a 2 year visa and after the visa runs out, they check on you again and if you're still with the US spouse, you get the Green card

This will definitely reduce quick schemed immigration fraud...I wonder why 2 years? Is that how long a "normal" marriage usually lasts?
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Old Mar 29th 2011, 5:17 am
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Default Re: Changes coming for Family Class Sponsorship?

Originally Posted by Vbomb
This has been the case for spousal immigration to USA for quite some time. If you've not been married for 2 years before applying for immigration, they will only issue you a 2 year visa and after the visa runs out, they check on you again and if you're still with the US spouse, you get the Green card
It's a 2 year green card you get initially, not a 'visa'. Plus you can still get a 10 year greencard after the 2 year one runs out, even if you're divorced from the USC spouse by that time - as long as you can show you entered in to the marriage in good faith. Then of course you can apply for citizenship after 5 years (it's 3 years if still married to the USC)

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