Frustrated with Canada's Immigration System?

[ImmigrationRehaul]

Hi All,

I am leaving my email address because I would like to hear from people who believe they have seriously been wronged by the Canada immigration system.

I am part of a group of disgruntled Canadians sponsoring their spouses and dealing with Immigration Canada. We will soon be approaching CTV's WFive investigative television program. For those who follow the program, WFive has been on a rant against Immigration Canada in the past few months. They have aired two different exposes about problems with the department.

You can read the transcripts of WFive at the two websites posted below. Although the topics are quite different than sponsoring a spouse, they reveal how mismanaged and corrupt this government department is.

CRIMINAL IMMIGRANTS: http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20060303/WFIVE_immigration_060303/20060304?hub=WFive

BROKEN PROMISES:
http://www.ctv.ca/servlet/ArticleNews/story/CTVNews/20051119/w5_broken_promises_051119/20051121?hub=WFive

If you are unhappy with the way the Canada Immigration is handling your case and can back it up with paperwork, please email me at: canadaimmigrationneedsrehaul@yahoo.ca.

George

 

[aysomtin]

Different story and different experience for different people, I GUESS?

 

[ImmigrationRehaul]

I am a Canadian citizen married to a Cuban. Our two year anniversary just passed in March and dealing with Immigration Canada and the Canadian Embassy in Havana has been a nightmare. I truly feel like I am in a bad Saturday Night Live skit with these inept, mismanaged civil servants.

There is nothing shady or alarming about our relationship. He is young (34) and four years older than me. We have a young daughter. He is university educated, speaks 5 languages and has no criminal record or health problems. I have always been a proud taxpayer, a business owner, hardworking, educated, have no criminal record and am genuinely in love with my spouse. I thought because of this the process would be fair.

I tried to be patient and polite for two years as they kept sending my application package back to me and asking for more documentation. This was infuriating because they claimed information was missing, which was a complete and utter lie. So we wasted one year having Immigration Canada sending back our application package four to five months after receiving it each time.

After our second anniversary passed with little information or response to our inquiries, I became more assertive and demanded answers. This was after we sent two faxes, two emails and phoned about a dozen times. Each time I phoned the Canadian Embassy in Havana, somebody would pick up the phone and hang it up again. This becomes very expensive so my husband tried phoning from his city in Cuba. After being disconnected dozens of times, he finally reached a real, live person. The woman who answered the phone was snotty and refused to look into our file (even though our letter said we should have a response by April 1st ... and if not to contact them). Even more ridiculous, she told my husband to send them a fax with any questions he had. What makes this a ridiculous request is that Cubans don't have easy access to telephones, let alone fax machines. And at this point I had already sent a number of faxes from Canada, which were ignored.

I believe the Federal Immigration system is set up to ensure that no staff or managers are held accountable for the way files are handled. No names are ever given over the telephone and the rare response we receive by email is anonymous as well. Why the secrecy in their names?

And this is just my experience at the Embassy in Havana. Immigration Canada in Ottawa has a department of telephone operators who take calls, refuse to forward telephone calls to management and give a fax number to complain to (which offers an easy way to ignore compliants and not be held accountable).

The two-year separation is extremely hard on our marriage and I am supporting both households (since Cubans often systematically lose their jobs for marrying people from democratic societies).

When I demanded some answers and threatened to go to the media if they continued to ignore us, the Embassy in Havana responded with a spiteful announcement that they have decided to do an in-depth investigation into our marriage. The statement says that an in-depth investigation has no set timeline. We have already waited two years. Are we going to have to wait another two years? Our marriage is genuine, we have a young child together and there is no reason for not allowing my educated, healthy, young husband into Canada. His university education is actually for a career that is in high demand in our city because there is a worker shortage.

So I have had enough and am looking to compile a number of legitimate, similar stories that can be backed up with paperwork and present them to WFive and other national media in Canada. The problem of long waiting times and Immigration officials not answering to taxpayers who pay their salaries is HUGE. I believe a smooth, easy process in sponsoring a spouse is a rarity. You are truly lucky.

 

[BCbound]

Well I have a number of comments on your situation ImmigrationRehaul. You can ignore them or sit back, use your brain and leave emotion out of it. One thing you need to realize for starters is that when emotion comes in the door, logic goes out. It always does. You have become very emotional about this (understandable) and are not doing yourself any favours.

First let me ask this, what do you want? To get your husband into Canada or to expose the (supposed) incompetence of Immigration? Because it is highly unlikely that you are going to get both in any short term.

Let's look at what you have said. First you say you just passed your 2 year anniversary. Is that your wedding anniversary or the anniversary of your application? I ask because the first thing that needs to have happened is that you have lived together as man and wife for at least a year. How you indeed lived together? If not, they are definitely going to look on your application as a likely arranged for immigration purposes marriage.

They sent your application back several times for missing information. You say it wasn't missing. OK, let's agree that whatever it was, the piece of paper fell off someone's desk in Immigration. Shit happens. The time period it takes each time an application is returned, is the same for everyone. You aren't the first person to have an application returned with a request for additional information, whether it was lost in process or just not provided in the first place. In other words they are not treating you any differently than they treat everyone.

You say you became more assertive after your second anniversary. That didn't get you anywhere. Does that surprise you? You think there is a conspiracy to get them anonymous and ensure that they are not held accountable. Nonsense. Think about what they are doing. They handle hundreds of thousands of applications, EVERY YEAR. They cannot get involved in a discussion etc. with each applicant. I agree it is frustrating and I even came up against it myself when trying to phone the Canadian consulate in London. I was told on the phone in no uncertain terms, that I could not speak directly to an Immigration agent and that I must direct all inquiries by letter. The only difference is that the receptionist who refused to put my call through explained why she would not put it through. If she put mine through she would have to put thousands through and no work would get done. I didn't like it but I understood it. It wasn't personal. You are taking it as if someone is personally trying to frustrate your efforts to get your husband into Canada. No one is, no one cares about you or your husband. You're just 1 of thousands.

Then you say you demanded answers and threatened to go to the media. That got you a letter saying they were going to do an in-depth investigation with no set timeline. Sorry, ImmigrationRehaul, but you just shot yourself in the foot. I'm sure you know that threatening anyone is likely to result in a corresponding response. You asked for it, you got it.

Now you say you want to find others and take this forward to W5 or whoever. Do you really think that is going to get your husband into Canada in the shortest possible time?

Most spousal sponsorships are done in 6-9 months. That is the average, so it isn't a question of a smooth sponsorship being a rarity. In fact I'm quite sure the opposite is true. My best guess is that as you have married a Cuban, people from that country are looked at more closely simply because of the obvious increased likelyhood of arranged marriages. Whether you like it or not, believe it or not, people do get married just to get into the country. It is more common with certain countries and no doubt Cuba is one of those countries. So if I married a Cuban, I would not be surprised if they looked at our application more closely and it took a bit longer than average. That's reality.

It also may be that the only thing that has slowed up your application (again assuming you did live together for a year at least) is the missing paperwork and sloppy work habits of one individual immigration agent. Who knows.

The bottom line though is you better think about what it is you want before you try rocking the boat any more than you have already. My advice is to calm down. Call your MP and ask for help. But ASK, don't demand, don't accuse and comply with any request they might have.

No one is out to get you or stop you and your husband from being together. You aren't that important. And I don't mean that in an insulting way, it is just reality.

You need to step back from the emotion and put on your logic hat. But as long as you are wearing one, you can't wear the other and you have the wrong one on right now.

 

[aysomtin]

Could be hard at times, I guess that's what's happening right now

WHat a good advice you have given? Patience is the main-thing here

Some of us have been there since the past 4 years and it's been send this, resend that, transfer of file from one region to another etc, but we are just chilling and palying the waiting game - while we keep hope alive.

It's gonna end one day!

Take it easy and take heed to that advice!

 

[ImmigrationRehaul]

That is wonderful advice. Thank you.

 

[frangipani]

hi everyone, this is my first time using this forum and hopefully someone can guide me in my plight to return and eventually live permanently in Canada.


Now, I start my entry under this topic, as i feel I was treated "wrongly' by canadian immigration.

This is a long drawn out saga, I will try and condense it for you.

I met a man (canadian) in 2002, we met on-line via a mutual friend. In Dec 2002 I flew and met him, spent 3 months with him, then returned in july on a 6mth visitor's visa.

unfortunately, in the meantime, he was convicted of a crime, one we ALLi know he is innocent of, but he was sentenced to 3yrs. now, I lived with him for the 3 mths prior to returning, and the 6mths before he was sentenced. We were to be married, but both decided it would be wiser await the outcome of the hearing...which unfortunately didnt work in dayfavour. I renewed my visa to be by his side, be his support during this time. the visa was issued.

In july 2004, I again applied for an extension, sent in the relevant forms and payment - and due to all the stress and drama in my life...went on as usual, until March 2005 when Immigration came knocking on my door.
They seized my passport and ordered me to attend a meeting the following day. i did this and was told that I was in canada without permission and I was also accused of working . 1) apparently, I had sent the incorrect form of payment for my extention, and that I needed to further elaborate on a few of the questions...this form was apparently returned to me in september, 2004 (6mths prior). I NEVER received this, yet I was able to provide proof of payment and proof of mailing, as I had sent it via registered post. Not something that Immigration does in return. Hence this letter, plus my payment went astray.

2) the working issue...I had NEVER worked in canada, well earned money. I had helped my sister-in-law to be, at her placce of employment - but I did that merely to rrelieve my boredom.

Anyway, the result of this meeting was that I had 28 days to leave the country...in that time, I was to pack up an apartment, find a home for a pet etc, etc...but thank God for friends!
I booked my flight back to Australia, took my ticket as rerquested to the London (ON) Immigration office. I am THEN informed, i needed to produce 4 passport photos, everything was a mess. Ok, I was asked by the clerk, as to whether i was planning on staying in the States, as my rerturn was via chicago and L.A. i informed her that I wasnt and that was merely in transit...would this be a problem???? NO! was her answer. oK, the next day I hand in my photos, and again it was mentioned that I was leaving via the states, but again I wasss asssured there wasnt a problem. SO, innocent me, spent the next days packing and preparing to leave.

The morning of my departure, at around 7am, there was a knock on my door and my sister-in-law telling me that immigration had rung, and i was UNABLE to fly out via the states!!!! I had to be at the airport 3 hours prior to departure and I was at least a 2hr drive from toronto airport! OK, my travel agent didnt open until 10am - by which I would have to be at the airport...this was causing me so much stress I literally thought I was going to have a heart attack! One of the major problems I have found, is that the ONLY way you can deal with immigration, is via a 1888 number and this is what I was supposed to call to find out what was happening. I HAVE NEVER BEEN ABLE TO SPEAK TO AN AGENT ON THAT LINE!!!!!!

Thank goodness I had been in email contact, so I sent a quick email and got the person to call me back. She did, and also tells me that tis was beyond immigration control, that since my visa hlad expired, I was unable to return home via the states. After loosing my cool, and being called a criminal - someone who has broken the law...she informs me there was no urgency for me now to leave...I would have to seek an alternative route to fly home. I lost out on my fare, which took 3 mths to get the little refund I did.
I had written to Local MP's, the immigration minister, Joe Volpe, and the PRIME MINISTER...all to no avail, no one accepted rresponsibility for this blunder and me being out of pocket.




OK, this is only half the saga, but unfortunately I have visitors right now, and I dont want to type all this out again...so I will continue it later. Sorry about that

 

[frangipani]

continued.....

OK, so I am out of pocket and accused and STILL not being guided. I specifically asked the woman I had been dealing with, that I wanted confirmation that I would not encounter any problems flying home via an alternative route. April, May, June pass, no answer. July arrives and I receive another visit from Immigration and them asking me WHY I was still in Canada. I had explained that I was waiting for confirmation, and that I had just 2 weeks prior received my refund from my booking THEY cancelled!. So, I am now informed that once again they would need to seize my passport, and that my file would be referred on to the Toronto Greater Enforcement Centre. *sigh*

July ends, August, September, October come and go. In November, I receive a letter from the TGEC, that I have an interview with them. At this meeting, I am told I have to leave Canada, and they more-or-less tell me whaat flight I am to book on. Now this fare home was $3000 odd dollars, my previous flight, via the states was 1200. I now have 2 weeks to leave the country and I cannot return for 1 year.

I not only supported my fiance emotionally whilst he was incarcerated, but I maintained the rent on his apartment, so that he woul have a home to come out to. I suffered tremendously from stress, and now fear that I will have a "record" and me returr eventgning to Canada will never eventuate.

Immigration Canada need to address problems within the system, they also need to be able to admit to errors IF an WHEN they occur. I was willing to leave on BOTH occasions - I would NEVER have done anything to jeopardize my ability to stay or return to Canada, but now, due to NO fault of my own, and no admission of fault on their behalf - I am branded.
Me, a simple, honest, law abiding citizen. Sad, I know

 

[Sphexi]

We didn't have any problems with my app? I'm a US citizen, my wife is Canadian, we submitted the sponsorship app in mid December, it was approved and sent to Buffalo on January 2nd, I got my Visa/Confirmation paperwork about a week ago (end of April). So we're talking like 4 1/2 months.

I don't know if that's standard or not, but it could be because we have a baby on the way, it'll be born in the next month or so.

 

[Katya]

Immigration Rehaul,

First let me just say that I feel your pain. Secondly, I don’t care what anyone says, Canadian visa offices in the USA and Europe are not the same as those in Latin America. The Havana visa office is an even more specific case and anyone who has spent any significant amount of time there knows that nothing happens neither fast nor efficiently there (I know this from my personal experience).

Thirdly, I believe someone said that the first thing that has to happen is you have to live together as man and wife for 1 year otherwise they will think your marriage was only for immigration purposes.- Ummm, sorry but this is not an accurate statement. Immigration officers will investigate all marriages- this business of 1 year only has merit when we look at common law relationships. Please check out Section 12.1 of CIC’s overseas processing manuals given to Immigration Officers in visa offices around the world. Here is the link

http://www.cic.gc.ca/manuals-guides/english/op/op02e.pdf

Also it should be dually noted that as long as you have ample evidence to support that your marriage is genuine ( emails, telephone bills, letters from your family stating that your marriage is genuine, photos of the wedding and the fact that you have children together…) your marriage shouldn’t even be questioned, but they will still look at the evidence.

If you have been waiting over 1 year, that is outside the normal processing times for this Visa office and you have the RIGHT to contact them to find out what is going on with your application and this shouldn’t “shoot you in the foot”. I know of 2 other people who have been in your exact situation with the Havana visa office, so this seems to be something that happens there from time to time. In my opinion you have been treated unfairly. I honestly wouldn’t go to W5 until after he is in Canada- that way he’ll be able to tell his side as well. As was mentioned, talk to your MP, get them to expedite your case (they should be able to do that given the amount of time that you have been waiting) and if they can’t then maybe, if you play your cards right you can get a Minister’s pass. I think you have been patient enough- it’s time to take action- but in the smart political way.

Good Luck and take care,
K