I feel like to sue the Canadian Embassy and Government...

[steerpike]

No one should entertain any illusions that their foreign partners have any "right" whatsoever to be here.

This is simply not true. All Canadians have the RIGHT not to be discriminated agaisnt based on family circumstances. If other Canadians are permitted to be with their spouse and children, then so should I. Period.

We are in a situation where we have different arms of the government acting in completely different ways. On the one hand, couples are considered commonlaw after only 1 year. Couples who get married are considered immediately married and need not provide any extra proof at all for any government purposes such as taxes. In BC after 2 years, common-law becomes automatically "marriage-like" and is indisguishable from marriage under the law. If you live with your roomate for 2 years, and you have had sex with your roomate, you are now responsible for all his depts in BC.

And yet the other hand of the government is acting like a legal marriage means nothing. Living together for 2 years means nothing. This hand of the governments wants access to all your skype and facebook chats and then, a VO in their infinite wisdom will pour over every aspect of your private life and decide if they are convinced or not if the marriage is "real", like watching an episode of sex in the city and judging for yourself if the lady really is in love with the guy or if she is just confused.

Well my life isnt an episode of sex in the city. And I completely deny the "right" of some government bureaucrat half-wit to judge me and my wife's love for each other. The entire concept of it is completely offensive and a violation of my human rights.

Sure. Have some basic rules. No criminal record, able to support the spouse, etc. But once that is confirmed then family should be permitted to live together in Canada. If the entire process from start to finnish takes any longer than 6 months then something is seriously wrong. Canadians should not be deprived of living with their families in canada for the ridiculous number of years that currently happen under this flawed, broken, offensive system.

 

[Dr Eng X]

It amazes me how some people are so rude. If you can't offer her actual help the least you can do is sympathize and encourage her !!!

 

[steerpike]

We all know that she will win, given the details she provided here.

Exactly, so why is the government wasting my taxes dragging it all out?

 

[missmini]

steerpike ur post is funny in some aspects and sadly true in others; overall the whole process of eligibility checking is waaay outdated and so many believed genuine were found to be fake the day they landed; they should just change the system and the way; but since they r so slow in everything this too will happen after we r all done!! in the end, a basic right is "u r innocent until proven guilty"; in our cases should b "u r genuine until proven fake"; some officers do seem to consider like that, but not all

by the way, quebec is the only province in ca where common-law will never b considered "marriage-like" not even after 20 years

 

[aerogurl87]

we cannot compare with situation we don't know; maybe her child is old enough to b on his/her own (some kids can do that even at 16) or maybe her child lives with the father; and for a child who lived the whole life in Canada why would she take him/her out of school and drag him long term in a place so unknown and unfamiliar? Morocco is an amazing place to visit but not so much to live : (my own opinion, and i did visit it); she did what she thought to b in the best interest of the child
in any case she probably did explain this situation and if it was stated as well as reason of refusal then she needs to explain it stronger

Dani don't take ppl's comments personally; try to see how someone from outside is thinking, someone who doesn't know u personally; this will help u prepare a better appeal and get ready for any questions the lawyers will shoot at u! good luck

I'm not saying it's wrong for her not to take her child with her. Maybe she thought she wouldn't be gone so long, I don't know. But it is very unusual that she married this man and he has yet to meet her child AND she has left her child in Canada for a year. That is very unusual and is probably one of the red flags CIC saw and one of the reasons they refused her application. Instead of threatening legal action against CIC, she should be putting her energy in disproving CIC's reasoning for rejecting her and her spouse's application. Also, does she have a plan for when she returns to Canada? If not, she might want to work on that. Because I know if I were a VO and I saw that someone was living in a foreign country and had no plans for employment or a place to live when returning to the country, that would make me weary of approving them. What if they come here and he leaves her and goes on welfare? How is she going to pay the government back at that point if she has no plans when it comes to getting a job? Just something else to think about.

 

[DGT]

Exactly, so why is the government wasting my taxes dragging it all out?

Quick point regarding your taxes. All consular services are handled purely through outside fees e.g The fees paid by the applicant.

 

[samaseemo]

You did not hear the hearings....It is our right as Canadian citizens to bring in our spouses
https://www.youtube.com/watch?v=X4BbjbLtpro

watch this video https://www.youtube.com/watch?v=sD3sq5Ah-OM

to play devils advocate there are too many Canadians victims of marriage fraud. Morocco is known for this. I'm not justifying anything but i think Canadians asked for government assistance in preventing marriage fraud and the government is just doing extra work and checking all applications thoroughly. I wouldn't blame the government but i would rather blame the victims who got scammed by these con artists. unfortunately we are all paying the price

 

[gsize]

watch this video https://www.youtube.com/watch?v=sD3sq5Ah-OM

to play devils advocate there are too many Canadians victims of marriage fraud. Morocco is known for this. I'm not justifying anything but i think Canadians asked for government assistance in preventing marriage fraud and the government is just doing extra work and checking all applications thoroughly. I wouldn't blame the government but i would rather blame the victims who got scammed by these con artists. unfortunately we are all paying the price

''Morroco is known for this'' LOL

So are Mexicans, Russians, Israelis, Pakistanis, Indians, East Europeans, Africans.

You can use that argument to a point. I dont have a problem with scrutinizing applicants for fraud. I do have a huge problem the way rejections are handled and the horrible wait times for some of us.

 

[DGT]

It's an interesting and difficult balancing act. The right and duty of a government to allow and enable it's citizens to marry and partner with whomsoever they choose, versus their obligation to ensure that the taxpayer is not burdened with further welfare claimants and fraudulent attempts to gain residency. The world gets smaller every day, and yet it gets harder for people to move freely. It'd take a smarter man than me to figure it all out.

 

[visita44]

I'm not saying it's wrong for her not to take her child with her. Maybe she thought she wouldn't be gone so long, I don't know. But it is very unusual that she married this man and he has yet to meet her child AND she has left her child in Canada for a year. That is very unusual and is probably one of the red flags CIC saw and one of the reasons they refused her application. Instead of threatening legal action against CIC, she should be putting her energy in disproving CIC's reasoning for rejecting her and her spouse's application. Also, does she have a plan for when she returns to Canada? If not, she might want to work on that. Because I know if I were a VO and I saw that someone was living in a foreign country and had no plans for employment or a place to live when returning to the country, that would make me weary of approving them. What if they come here and he leaves her and goes on welfare? How is she going to pay the government back at that point if she has no plans when it comes to getting a job? Just something else to think about.

I agree with this reply. Immigration did not promise as to be approved when we apply. The ball is in our hands to show that Immigration should approved our application. I agree with the sponosr that she/he love his/her spouse. But the person being sponosred have to show not only her/his love to the Sponsor when interviewed or from the application but the future plans like jobs/having children/buying properties together/building a household together/going to college , universities that will make the relationship very genuine. Just easy to say we love a person but we have to show how we will maintain it. And also to show how the sponsored person can integrate to Canadian society as a spouse and as person by itself..

 

[steerpike]

watch this video https://www.youtube.com/watch?v=sD3sq5Ah-OM

to play devils advocate there are too many Canadians victims of marriage fraud. Morocco is known for this. I'm not justifying anything but i think Canadians asked for government assistance in preventing marriage fraud and the government is just doing extra work and checking all applications thoroughly. I wouldn't blame the government but i would rather blame the victims who got scammed by these con artists. unfortunately we are all paying the price

If Canadians think the government is going to act as their "common sense", then they will feel they dont need any themselves. Marriage fraud? No need to worry, the government will save me if I mess up! What ever happened to personal responsibility?

 

[gsize]

just a thought.

Who scrutinizes the visa officers ?

http://www.cicsnews.com/?p=947

 

[DGT]

just a thought.

Who scrutinizes the visa officers ?

http://www.cicsnews.com/?p=947

Well played to the honest soul who reported this guy to the police rather than lining his pockets for their own personal gain.

 

[Rob_TO]

Sure. Have some basic rules. No criminal record, able to support the spouse, etc. But once that is confirmed then family should be permitted to live together in Canada.

So how would you counter the marriages-of-convenience, like where immigrants pay a Canadian to marry and sponsor them, just for PR purposes? Or how to prevent some immigrants taking advantage of Canadians to dupe them into marriage, only to break up after they get full PR? There needs to be due diligence and checks and balances in place.

What i would question, is how does Canada's approval/rejection rates of spousal applications compare to other wealthy nations like the US, Australia, UK etc etc?

 

[DGT]

So how would you counter the marriages-of-convenience, like where immigrants pay a Canadian to marry and sponsor them, just for PR purposes? Or how to prevent some immigrants taking advantage of Canadians to dupe them into marriage, only to break up after they get full PR? There needs to be due diligence and checks and balances in place.

What i would question, is how does Canada's approval/rejection rates of spousal applications compare to other wealthy nations like the US, Australia, UK etc etc?

Hi Rob. I know that the UK has a higher rejection rate. This is particularly due to the stricter financial considerations for couples. New laws for the UK mean that a prospective spouse can't come to the UK without a job offer that pays over £26K a year, or double that in personal savings. They also receive a very high amount of fraudulent applications (my Uncle is the Head of the Visa section for the UKBA in Nigeria. Lot's of fraud to deal with there!).

I hate the UK's approach though. If my wife and I had applied after these laws took hold, we couldn't have been together in the UK. We've never really made a lot of money, but neither of us have ever claimed any sort of benefit from the government of either Canada or the UK. It makes me grateful that Canada has such a reasonable system for spouses, and the common sense to allow it's citizens to essentially write a contract of support for their spouse, something that the UK government doesn't trust it's citizens to do.

I also know that Australian immigration policy is based more on what the applicant can pay for the processing fees which are very high, and turn a profit for the Federal government there. The best man at my wedding married an Aussie and paid $14000 dollars in total for his visa there. I imagine they have less refusals based on the fact that less ineligible people apply due to the extortionate nature of the program (though I don't have any specific details).