Freedom of movement

[ImABule]

If an visa officer deems a relationship to be fraudulent, he/she must have good reasons to come up with this decision. Remember, people in Canada do go through the motions of marriage / common law so the applicant can get PR for profit and / or as a favour to someone. Signing a 3 year commitment won't stop them.

I understand that in most cases the undertaking won't stop them, but I think that the solution is to extend the undertaking a few years and impose condition 51 on everyone. I am fairly certain there are a lot more genuine couples forced to appeal after being denied than there are fake relationships being stopped from gaining PR. In theory, yes, the visa officer needs good reasons, but in practice, that is not always the case. Just scrolling through the appeals thread it's crazy how many people are unjustly refused and that is just people on this forum which is a very small sample size.

 

[Alurra71]

criminal issues such as fraudulent marriages should NOT be dealt with in the immigration framework.
That is a for a criminal justice system. The current system is designed to treat everybody as a criminal... although your only fault is that you are marring a person from abroad...

By that logic everyone should be allowed into Canada and if they are found to be fraudulent then the taxpayers should have to pay for their trials/deportations and whatever else until they are actually removed?

I'm sorry, I don't agree with the long wait times for spousal immigration, but I do strongly think that a marriage NEEDS to be validated and the applicant needs to be vetted to ensure they are not criminals themselves before they are allowed to come. I had to go through the process personally, and no, I am not the Canadian in my relationship.

 

[screech339]

criminal issues such as fraudulent marriages should NOT be dealt with in the immigration framework.
That is a for a criminal justice system. The current system is designed to treat everybody as a criminal... although your only fault is that you are marring a person from abroad...

Justice system is a very very expensive system. Are you suggesting that the taxpayers pay for the ones caught inside Canada after the fact? There is a saying you may be familiar with.

"An ounce of prevention is worth a pound of cure".

 

[zumbagirl]

Justice system is a very very expensive system. Are you suggesting that the taxpayers pay for the ones caught inside Canada after the fact? There is a saying you may be familiar with.

"An ounce of prevention is worth a pound of cure".

yes, the cost is a common argument. Would be interesting to see the actual cost of operating our conservative/prudent system vs a more liberal, system such as the EU one. I guess the real question is about values.

good discussion!

 

[cyclist]

Unfortunately Canada doesn't have any understanding of family. For Canada family means mother, father. It doesn't consider brothers and sisters as fmily if they are older than 18 ..you can see it by looking at giving the right to parents to be sponsored but not to brothers or sisters..if I bring my parents here what the hell my brothers and sisters i going to do back home without parents, family.Regardless of age in Europe family is big deal unlike in Canada. I wish Canada has family oriented policy.

If Canada keeps doing this, people come here, live here and leave with skills that Canada is looking for. If Canada let's family to come here then those skilled workers stay here continue living with their family..

 

[zumbagirl]

Hello all,
I would like to bring up a policy issue.

Freedom of movement is a basic human right. It is part of the Canadian Charter also. It means that you can freely move around in your country and exit and re-enter your own country whenever you want.

In the EU freedom of movement of the citizens includes the right for free movement of family members even if the family members are not EU citizens. This in practice means that your non EU citizen spouse would immediately (without any consideration) would receive a Schengen entry visa when you want to enter to the EU with your non EU citizen spouse for example.
The reasoning behind this policy is that if that if the movement of your non EU family members are restricted by visas and or lengthy administrative processes than the rights for free movement of the EU citizens are also compromised. (you are not really free to move around if your family is not able to move with you)

In this sense Canada is seriously limiting the freedom a movement of Canadian citizens because they cannot enter Canada with their non Canadian spouses/ parents/ children etc. Canadian citizens might "stuck" abroad waiting years for the family class immigration process to be completed for their spouses. Forcing Canadians to chose between their families leaving abroad or returning to Canada without them. In my view this is seriously limiting the rights of Canadian citizens to freely return to Canada and or chose their place to live.

what do you think?

just to bring my old post back to the first page. I am still very interested in your opinion.