Changes to Immigration Regs affecting spousal/cl/cp applications expected soon.

[dair2dv8103100]

USA and UK have fiance visas. Perhaps this would be a better way to go. He could have come on a fiance visa (even unable to work would be fine with me), met my children and family and we could have had the option to marry where and when we wished.

I think this is a wonderful option...we would have done this as well had it been available, for all the same reasons you stated too ;D

You have to understand that for many of us, there isn't a common-law or conjugal option.

Exactly...thank you for making this point.

 

[bobshynoswife]

Ah! Some of you have beautifully pointed out exactly what needs to be proven! You are ALREADY established in your home countries with good jobs, property, and a good standard of living for your country. That's exactly what needs to be added to the application. Basically, you have a good life in your home country and would NOT come to Canada if you hadn't met the love of your life. You made a JOINT decision to move to Canada for sound reasons (which you should outline in your application). This attention and detail will go a long way to overcoming this obstacle.

It's tough for those from 3rd world countries though. Take my husband, from Nigeria, for example. He did not have a good standard of living in Nigeria - pretty much no one does. If any of those people were offered a free visa and flight to Canada, they would move in a heartbeat. However, it doesn't mean that they will use someone to move to Canada. We knew it might look like that though, based on the applications they do receive in Accra, so we made sure our bases were covered. I think the reason that my husband was approved so quickly was because he spent 6 years living in UK, which gave him plenty of opportunity to meet and marry a british woman and have PR there, so he looked less 'desperate' than a man who had never left Nigeria.

It's just a shame when people's genuine love and marriages are put under so much more scrutiny because they can't prove that they wouldn't come to Canada otherwise. I think Canada is the most awesome country on earth, and I bet the majority of the world would be happy to live here.

 

[javcil]

I have also read cases where the applicant was refused because the couple took too long to file after they were married. The VO's reasoning was that if they were a genuine couple, they would not have wanted to wait 14 months (or whatever the time-frame was) to be together.

 

[lynw]

Agreed...but (playing devils advocate here) they could also look at Common-law as sure they lived together but is there actually a relationship or is it a friendship of convenience? Is there proof of an actual relationship between them or just sharing the same living space and so on and so forth....

Absolutely they should always be wary of that - because I bet it happens. That's why they should be looking for more than a shared living space - time spent together, a romantic and conjugal relationship, family involvement, other trust commitments like bank accounts/insurances etc.

 

[HoneyBird]

I have also read cases where the applicant was refused because the couple took too long to file after they were married. The VO's reasoning was that if they were a genuine couple, they would not have wanted to wait 14 months (or whatever the time-frame was) to be together.

can you quote a particular case where you saw this happening?
i have a friend who is married for 2 years but has not yet still applied cause he has business stuff he is doing here..
i keep encouraging him to do the paperwork but he is sticking. i think if i get a case like this i can and will shake him up to make every effort to get the paperwork done. thanks! :-*

 

[javcil]

I will try and find it again ... it was in CanLI I think.

Edit ... no, that is not the site I'm thinking of. Anyone remember the site for immigration refusal cases?? I think it started with an 'R' ...

 

[AngelB]

This is just more stress.

My application was sent August 25th, but hasn't really been dealt with yet. It should be next week. Am I effected by this?

My only worry as that this creates more distress for genuine couples, longer waiting times, and the possibility of genuine couples being refused...

They don't realize how hellish it is to spend months and years apart, unable to start your life together until someone else says it's okay. They should be working to make the processing faster, not slower.

 

[javcil]

@ Honeybird I found one case in ReFlex ... it's not the one I had in mind when I wrote the first response, but here is the link:

http://www.irb-cisr.gc.ca:8080/ReFlex/Reflex_Article_FC.aspx?id=13140&l=e

See #21. Although obviously this couple had a whole lot of other issues.

I'll keep digging and see if I can find the better article however ...

 

[HoneyBird]

@ Honeybird I found one case in ReFlex ... it's not the one I had in mind when I wrote the first response, but here is the link:

http://www.irb-cisr.gc.ca:8080/ReFlex/Reflex_Article_FC.aspx?id=13140&l=e

See #21. Although obviously this couple had a whole lot of other issues.

I'll keep digging and see if I can find the better article however ...

thank you!!! but that is one complicated case!lol. if you find something better i would really appreciate it.

 

[Alabaman]

He did not have a good standard of living in Nigeria - pretty much no one does. If any of those people were offered a free visa and flight to Canada, they would move in a heartbeat.

This is a fallacy of unwarranted assumption. Most Nigerians are poor but there are many Nigerians who have good standard of living. The most of Nigerians that are poor don't even have Canada on their mind. Also, It is true that there are many Nigerians that will want to move to Canada but most Nigerians would NOT for so many reasons. Canada can be lonely for an immigrant from Africa, it can be too cold, just to mention a few.

 

[bobshynoswife]

This is a fallacy of unwarranted assumption. Most Nigerians are poor but there are many Nigerians who have good standard of living. The most of Nigerians that are poor don't even have Canada on their mind. Also, It is true that there are many Nigerians that will want to move to Canada but most Nigerians would NOT for so many reasons. Canada can be lonely for an immigrant from Africa, it can be too cold, just to mention a few.

Sorry, maybe I am looking at it from a Canadian perspective, and from my knowledge of people living in Lagos, not the smaller cities or rural areas. Let's see....corrupt government, environmental disasters, poor transportation, crappy roads, lack of basic health care, crumbling education system, low incomes and high prices for basic goods, electricity about 50% of the time, at best.

Currently I have a sister-in-law waiting out her pregnancy in Boston at great expense to my brother-in-law (having to pay for her lodgings and the birth, plus being separated for 5 months) just so their child will be born an American and have greater opportunities in life than if he was born Nigerian. This is a well-off couple who lives in Abuja and the husband has a great job at the World Bank.

Look at how huge the Nigerian diaspora is! Obviously these people want to leave. I don't blame them.

edited to add: I am assuming you are Nigerian, and if so, I understand that you would feel the need to defend your country against me. Please know that I love Nigeria and Nigerian people. If the gov't could get their act together and properly use their resources to take care of their countrymen, it would truly be the jewel of Africa and a place that I would want to live.

 

[canadianwoman]

This is a fallacy of unwarranted assumption. Most Nigerians are poor but there are many Nigerians who have good standard of living. The most of Nigerians that are poor don't even have Canada on their mind. Also, It is true that there are many Nigerians that will want to move to Canada but most Nigerians would NOT for so many reasons. Canada can be lonely for an immigrant from Africa, it can be too cold, just to mention a few.

It's the living environment that is bad. True, I met lots of rich Nigerians when I was there - some rich by Nigerian standards, and some rich by any standards. They had big houses, servants, lots of cars, but also had to hire armed guards. If you want electricity more than about an hour a day, be prepared for the horrendous noise, pollution, and expense of running your own generator, because the Najia gov't sure can't supply it. Terrible infrastructure - roads, in particular - make life a lot more dangerous and unpleasant than it has to be. How about getting stopped every hour or so by shotgun-wielding 'policemen' waving machetes? That was a highlight of my trips there.
Wherever you get a country or area of a country that Western governments consider too dangerous to even go there, you're going to get people who at least have emigrating on their mind.
Still, I question if Canada would be their number one choice - the climate has got to be giving some would-be immigrants pause.

 

[bobshynoswife]

Still, I question if Canada would be their number one choice - the climate has got to be giving some would-be immigrants pause.

I agree - the US is a much bigger draw, there is a huge Nigerian diaspora in Houston, which has a much more comparible climate to West Africa. My point though is that unless you are very well educated and have a good chunk of money, you don't have many options of which country to live in. Even with the cold here, if immigration to Canada was offered, most Nigerians would jump at the chance. My husband said he thinks nearly all would jump at the chance.

 

[Alabaman]

Sorry, maybe I am looking at it from a Canadian perspective, and from my knowledge of people living in Lagos, not the smaller cities or rural areas. Let's see....corrupt government, environmental disasters, poor transportation, crappy roads, lack of basic health care, crumbling education system, low incomes and high prices for basic goods, electricity about 50% of the time, at best.

OK you have mentioned all the bad stuff. Anything good about the country? Like I said, standard of living is not everything. I can not imagine people from my village for example attempting to immigrate to Canada. They will definetely pass. I can bet a million dollars on this.

Yes, a lot of people see Lagos and make conclusions about Nigerians. Even Nigerians do that. Even at that, I do not agree that most Nigerians would want to come to Canada... even those that want to come probably have not travelled before and dont really know what is in store for them out here. What I am saying though is a majority of the people that apply for visas do so for genuine reasons. Of course there are those that have ulterior motives but majority of those that apply don't. Imagine denying a woman in her 50s who has children in Canada with the excuse given to her that she will not come back. At that age? In this cold? without friends? to do what?? Give me a break!

Currently I have a sister-in-law waiting out her pregnancy in Boston at great expense to my brother-in-law (having to pay for her lodgings and the birth, plus being separated for 5 months) just so their child will be born an American and have greater opportunities in life than if he was born Nigerian. This is a well-off couple who lives in Abuja and the husband has a great job at the World Bank.

OK so does your sister in law plan to go back? I am very sure she does plan to return...

Look at how huge the Nigerian diaspora is! Obviously these people want to leave. I don't blame them.

edited to add: I am assuming you are Nigerian, and if so, I understand that you would feel the need to defend your country against me. Please know that I love Nigeria and Nigerian people. If the gov't could get their act together and properly use their resources to take care of their countrymen, it would truly be the jewel of Africa and a place that I would want to live.

Nigerians in diaspora? That is just the world we live in...people travel for education, bussiness and yes immigration and trust me some of these Nigerians in diaspora also return home. Do you know how many Americans and Canadians live in Nigeria? Just take a peep into Nigeria's oil industry and you will know what I am talking about. Note: I am not offended just trying to put things in perspective.

 

[dair2dv8103100]

What I am saying though is a majority of the people that apply for visas do so for genuine reasons. Of course there are those that have ulterior motives but majority of those that apply don't.

LOL...then I had experience with the exception because the man I refer to in earlier posts in Nigerian. ;D