I have been thinking about this quite a bit, I have already said I think a temporary visa is a good idea, after some thought, I have to say - maybe.
Marriage fraud exists in at least two main forms 1) both partners planning the fraud and 2) one partner planning the fraud on the other.
Of course some people incorrectly label marriage breakup as marriage fraud, it is not; It happens in everyday life, not just with immigration cases. But it can still have the same sort of financial impact on the sponsor.
Limiting the first type of marriage fraud is all about the Government having enough resources to check properly, a temporary visa will not impact this at all because both parties will lie and produce fraudulent information.
In the second type of case a lot of media attention is focussed on Canadians being used by the foreign applicant to gain PR. Limiting the instances of this second case could use temporary visas, but there are a few things to consider...
Setting the time for a temporary visa at two or three years should let the partners "see" if things will work.
We read reports of foreign applicants who walk away from their spouse at the airport and threaten the sponsor with "you have to support me for three years (it was ten years), you signed the sponsorship form". But what happens if the sponsor is abusive when the applicant arrives in Canada? The threat would be "if you don't do as I tell you, I can get you deported". I know this already happens to some people who do not understand the law in Canada, but changing the rules so that people can be deported if a marriage breaks down will not help this type of case, it will give the abusers a real weapon.
The big problems at the moment are that the government not only issues full PR as soon as the applicant lands, but they also allow multiple appeals if the applicant is found to have committed fraud.
My first thought would be, do not allow appeals, but maybe one appeal would be a better solution, it would be more Canadian
I would also suggest that if someone has been found (in a court) to have committed fraud, the sponsor should no longer be on the hook for payments. This would leave a whole pile of costs for the government (tax payers), that obviously wont be allowed, so why not remove the access to welfare from the applicant when they are found guilty?
Canada already appears to be developing a feeling against visible immigrants. It is not right, but with all the media attention on immigrants what would we expect.
This is a big issue with no easy answers.
Marriage fraud exists in at least two main forms 1) both partners planning the fraud and 2) one partner planning the fraud on the other.
Of course some people incorrectly label marriage breakup as marriage fraud, it is not; It happens in everyday life, not just with immigration cases. But it can still have the same sort of financial impact on the sponsor.
Limiting the first type of marriage fraud is all about the Government having enough resources to check properly, a temporary visa will not impact this at all because both parties will lie and produce fraudulent information.
In the second type of case a lot of media attention is focussed on Canadians being used by the foreign applicant to gain PR. Limiting the instances of this second case could use temporary visas, but there are a few things to consider...
Setting the time for a temporary visa at two or three years should let the partners "see" if things will work.
We read reports of foreign applicants who walk away from their spouse at the airport and threaten the sponsor with "you have to support me for three years (it was ten years), you signed the sponsorship form". But what happens if the sponsor is abusive when the applicant arrives in Canada? The threat would be "if you don't do as I tell you, I can get you deported". I know this already happens to some people who do not understand the law in Canada, but changing the rules so that people can be deported if a marriage breaks down will not help this type of case, it will give the abusers a real weapon.
The big problems at the moment are that the government not only issues full PR as soon as the applicant lands, but they also allow multiple appeals if the applicant is found to have committed fraud.
My first thought would be, do not allow appeals, but maybe one appeal would be a better solution, it would be more Canadian
I would also suggest that if someone has been found (in a court) to have committed fraud, the sponsor should no longer be on the hook for payments. This would leave a whole pile of costs for the government (tax payers), that obviously wont be allowed, so why not remove the access to welfare from the applicant when they are found guilty?
Canada already appears to be developing a feeling against visible immigrants. It is not right, but with all the media attention on immigrants what would we expect.
This is a big issue with no easy answers.