Conditional Visas - Canada Gazette Part 1

[annabruce]

Ok, I shouldn't cheat just because I know parliamentary procedures. In order for this legislation to become law, it has to be published in the Canada Gazette Part II. That only happens on Wednesdays. So pick a Wednesday.

Why didn't you tell me that before? ;D OK, fine, I still don't think it will be immediate. Wed, April 18, is my modified bet.

 

[rjessome]

Why didn't you tell me that before? ;D OK, fine, I still don't think it will be immediate. Wed, April 18, is my modified bet.

Hey! I coulda just kept my mouth shut and won all the prizes!

CharlieD, you get to change your answer too.

And THEN, you never know, after consultation is up, the Minister can just legislate it immediately (or not) at his whim. Proper procedure is publishing in Gazette Part II but this Minister is crafty.

 

[annabruce]

Hey! I coulda just kept my mouth shut and won all the prizes!

Trust a lawyer to leave out critical information so he/she can win their case! Isn't there a rule about full disclosure? ;D

 

[mdna]

well, it took a couple of months for the 5 year ban to be implemented after it was published in the gazette 1, so that could take a coupleof months as well? ???

 

[Zouk Princesse]

Sounds like a good plan to me, as long as there is no extensive paperwork and application process at the end of the two years. I have no concerns over not being together by then, I just really don't want to deal with this immigration stuff ever again, it is so tedious!

 

[AmandaHsu]

I have no issue with it, as long as it can help cutting the processing time and the applicants are allowed to work/study under the conditional PR.....

 

[FM_jun]

does it apply on us...b/c when i apply for sponsorship it's our 5 month of marriage now it is 1 year & 2 months ...still we have n't any child at yet does it apply on me....ok if it applied does the processing time become shorter ????

 

[mroliveland]

Do you think this will affect the processing speed of the applications

 

[missmini]

wooow and i thought i'll have a quiet weekend with no immigration news!!!!

finally they will make it law, one year since we were talking abt it on this forum!!!

from 2. b) it looks that couples married, in common-law or conjugal for at least 2 years will not be affected by this...did i understand right?

anyhow, the child thing should not be there AT ALL!!!! we saw soo many "child of convenience" situations....that's just wrong and should be discouraged ....and yeah what would happen if a couple was genuine and genuinely breaks up and there is a child involved also?? i suppose they would sacrifice to live together just for the sake of the child to grow up with both parents around!! :

and r these conditional PR's still seen as PR's? do they have the same rights - in terms of employment, social insurance, health insurance, the new comer services, etc etc??...I HOPE SO!! and abt the citizenship afterwards....will this conditional PR days count towards the citizenship and do they count as full days?

and yeah how in the world will they lift the conditions?....will people need to continue to document everything in their life...it is doable, but it does give headache!! i hope it won't b something which needs to be applied for, PAID FOR?! and again waiting for the result one more year!!!! and what if they don't "believe" ur documentation, as it does happen sometimes to some people ??? shouldn't just a phonecall, short meeting, confirmation from the sponsor be enough?!

uuuuf soo many questions....when will they clarify all these aspects, if ever?! i hope it will really discourage the MOC's (i still have doubts!) and all this extra burden put on the genuine couples won't b in vain!!

 

[missmini]

Do you think this will affect the processing speed of the applications

everyone hopes it would but i don't think it would affect too much!! deporting someone after 2 years does cost money and they want to avoid that cost!! also if there will b many MOC's detected with the applicant already in Canada it won't look good on the specific officer who didn't detect it...so they will still take their time and put everyone under scrutiny

but maybe all this new law would mean change in the overall processing procedure...it all depends on what Ottawa tells them to do

 

[CharlieD10]

Ok, I shouldn't cheat just because I know parliamentary procedures. In order for this legislation to become law, it has to be published in the Canada Gazette Part II. That only happens on Wednesdays. So pick a Wednesday.

Tsk. OK, so I'm voting April 18th. LOL.

 

[annabruce]

Babies of convenience - not good!

Not necessarily of convenience.

My wife teaches violin to the daughter of a Canadian lawyer who brought to Canada a Ukranian wife. This now ex-wife admits that she used this man to immigrate to Canada.

What we have here is "beautiful" setup for a young woman who wants to immigrate and may even want a child. She targets a wealthy man, gets herself pregnant and bypasses the two year restriction. She promptly leaves him when she arrives in Canada. Now she has the benefit of Child Support and Alimony and the freedom to persue another man in Canada with full PR. If by some fluke she's forced to leave Canada, she still collects the Child Support and Alimony.

Already happened in the example I gave above, but now a baby is being used to bypass the two year restriction.

 

[canadianwoman]

Yes, and you notice how this couple had no trouble getting their application accepted, even though the marriage was fake. I can't help but think the racism and sexism of CIC played a role: white Canadian man with a white foreign wife - no questions asked. White Canadian woman with a foreign black husband - well, going through Accra or Nairobi, be prepared for a two year wait, absurd questions at interview, a rejection, and another year wait for an appeal.
Maybe I'm wrong, but I remember reading an interview with a man who was running a mail-order bride website, providing brides from Eastern Europe. He said usually the couple met and corresponded on the internet for a few months, the man then went to meet the young woman, and if everything worked out he'd get married during his two-week stay, go home, and start the sponsorship. And they almost never had a problem getting accepted, and fairly quickly too. When I compare that to my own experiences trying to sponsor someone I've known for 11 years, and the ridiculous questions they asked, I can't help thinking something is wrong with CIC.

 

[rjessome]

Not necessarily of convenience.

My wife teaches violin to the daughter of a Canadian lawyer who brought to Canada a Ukranian wife. This now ex-wife admits that she used this man to immigrate to Canada.

What we have here is "beautiful" setup for a young woman who wants to immigrate and may even want a child. She targets a wealthy man, gets herself pregnant and bypasses the two year restriction. She promptly leaves him when she arrives in Canada. Now she has the benefit of Child Support and Alimony and the freedom to persue another man in Canada with full PR. If by some fluke she's forced to leave Canada, she still collects the Child Support and Alimony.

Already happened in the example I gave above, but now a baby is being used to bypass the two year restriction.

Good question. But since they are going to have to create a new unit to investigate marriages that break up before the 2 year condition is lifted, maybe they will also use that unit to actually implement what is ALREADY in IRPA, that fraud is fraud and can lead to PR being revoked. Who knows? The dumb thing about this is that prevention of fraud is already IN the current legislation but nobody does anything about it. And it's not going to be simple even with conditional visas. If you read the cost/benefit analysis, the prediction is that this will cost $5.5 million and they state that they expect more appeals to occur as a result. I hope they plan on using some of that money to add to the already backlogged IAD. People already wait a year to have an appeal heard for a spousal refusal. Imagine how long they will wait when these appeals are added. The legislation does NOT remove appeal rights for holders of conditional PRs.

I shouldn't complain. I'm going to be so busy my head will spin! But I think it's stupid.

 

[Zouk Princesse]

If we go based off of the US system, which seems to be what CIC is emulating here, you are required to submit "proof of a genuine relationship " in order to have the conditions lifted, so although not quite as exhaustive, it's basically the same type of proof submitted with the initial PR application to show that you've been together the past two years...AND application fee is $505. Like we didn't already spend enough money the first time around. I honestly think this is going to be more of a hassle than a deterrant quite frankly. I think it also will put pressure on people to have kids sooner than they might have wanted (kids born in the last two years is listed as the first example of proof on the US form). And it won't necessarily be because the marriage is not genuine, but because couples may be worried they don't have enough proof and figure this is a necessary guarantee.

I also hope that since CIC is following these other countries that they will also reinstate the fiancee visa, because those other countries have that as well.

Either way, if I'm gonna be subjected to this "conditional" deal, they better make the removal process more simple and much less costly than the US because I am really not looking foward to compiling all this stuff again!