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Conditional Spousal Visas - Now getting some press

rjessome

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Since this was announced on Friday, there has been NOTHING in the press until late yesterday. And this is the first report I've heard that the change in the Regulations may include that sponsored person will not be allowed to sponsor another person for 5 years after landing in Canada. Now THAT part I like although I probably would have chosen 3 years, once the Undertaking is completed. However, I didn't see this in the Gazette so I don't know what their source is or whether it is true.

http://www.winnipegfreepress.com/canada/breakingnews/new-rules-of-engagement-proposed-for-marriages-involving-immigrants-118807564.html
 

fleo

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rjessome said:
And this is the first report I've heard that the change in the Regulations may include that sponsored person will not be allowed to sponsor another person for 5 years after landing in Canada.
Ah see, now there's a change that makes sense. Personally I would also make it impossible for PRs who landed on a spousal visa to ever sponsor a (different, obviously) spouse themselves in the future, but I've been called or kinds of -ists for that opinion so I should probably keep it to myself ;)
 

Dikz

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@ rjessome

Do you think this new regulation, if passed will affect those with PR visas but haven't landed yet?
 

Kess

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Guess we'll also see what happens with the upcomming election. I don't expect any immigration changes for the next few months at least.
 

gigi1612

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They will not affect current applications, only the new ones.

I found this infor from another forum:

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.
 

rjessome

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Dikz said:
@ rjessome

Do you think this new regulation, if passed will affect those with PR visas but haven't landed yet?
No, not those with PR visas issued and stamped in the passport. However, I think it WILL affect all those currently in process where a decision has not yet been made.
 

rjessome

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Kess said:
Guess we'll also see what happens with the upcomming election. I don't expect any immigration changes for the next few months at least.
No, that's not how parliamentary procedure works. This has already been through the public consultation process and has been published in the Gazette. IRPR could change as soon as 30 days from the date it was published. We will wait and see when it is published in the Gazette II. It is NOT up for debate in the House any longer.
 

rjessome

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gigi1612 said:
They will not affect current applications, only the new ones.

I found this infor from another forum:
Same article, just different news source. Must have been put out on the wire. This will affect any application that has not been decided (PR visa approved) as of the date when IRPR (Immigration Refugee Protection Regulations) changes.
 

gigi1612

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rjessome said:
Same article, just different news source. Must have been put out on the wire. This will affect any application that has not been decided (PR visa approved) as of the date when IRPR (Immigration Refugee Protection Regulations) changes.
Thanks for the clarification RJSSOME
 

Danny4450

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I am all for it, if it means faster processing times.
 

CanadianDude

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I'm excited about this! A good way to weed out the marriage scams which in turn means less fraudulent applications clogging the system up!
 

Stumpedmom

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Has anyone heard clarification about the 2year relationship, is that from dating "online or for real" until approval or from marriage/common law???
 

rjessome

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Stumpedmom said:
Has anyone heard clarification about the 2year relationship, is that from dating "online or for real" until approval or from marriage/common law???
I would "guess" that it's either going to be the date of the marriage or date the couple started co-habiting.
 

Baloo

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rjessome said:
No, that's not how parliamentary procedure works. This has already been through the public consultation process and has been published in the Gazette. IRPR could change as soon as 30 days from the date it was published. We will wait and see when it is published in the Gazette II. It is NOT up for debate in the House any longer.
Isn't the normal process that it can be published in Gazette II 60 days after comments close?
Then a minimum of 30 days before IRPA can change?


FWIW The article hit CBC recently.
 

Material

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My question is will this conditional PR be any different than the normal PR other than it can be revoked if the marriage is not continued for a period of two years (in other words will the new PR rules grant the same rights as before or will it have any other limitations)?