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

[steerpike]

So how would you counter the marriages-of-convenience,

The same way it is handled for other Canadians. If a beautiful 20 yo blonde marries and 60 yo millionaire, and a year later she diviorces him, she gets half of his assests, by law (unless they both agreed to some other contract). It makes zero difference in the eyes of the law as to what her motivations were to marrying him.

The fact is, human rights legislation says Canadians can not be discriminated agaisnt based on family circumstance. And yet it's pretty clear that Canadians who marry a foreigner are treated comepletely different.

 

[missmini]

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

true but what abt the appeals done in Canada? do the ones who appeal have to pay an extra fee? if yes then they cover it but if no, then who? :

 

[scylla]

true but what abt the appeals done in Canada? do the ones who appeal have to pay an extra fee? if yes then they cover it but if no, then who? :

There's no fee for appeals.

 

[missmini]

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.

there r circumstances and circumstances and things that there are too private to know; if they did explain it before, she had clear reasons and this fact is not mentioned in gcms notes or the refusal letter then it means the officer understood the situation; of course the cic lawyer could come up with questions like this at the hearing so she needs to b prepared

 

[Rob_TO]

The same way it is handled for other Canadians. If a beautiful 20 yo blonde marries and 60 yo millionaire, and a year later she diviorces him, she gets half of his assests, by law (unless they both agreed to some other contract). It makes zero difference in the eyes of the law as to what her motivations were to marrying him.

Sorry but I fail to see the relevance here. As a Canadian myself, I do not want to see immigrants buying their way into my country by paying a Canadian person to marry and then sponsor them. There is a reason this is illegal, and why the CIC needs so much scrutinization of applications to detect it.

The fact is, human rights legislation says Canadians can not be discriminated agaisnt based on family circumstance. And yet it's pretty clear that Canadians who marry a foreigner are treated comepletely different.

The Canadian is not being discriminated against. They have CHOSEN to marry or be with someone that is not a citizen of Canada. It is then considered a privilege if Canada will let the spouse become a PR of Canada and have access to all the various social and medical services my tax dollars are paying for. This is not a "right", in any country in the world.

And from what DGT just posted, it sounds like Canada is still a heck of a lot easier to immigrate to even with all the problems with CIC, compared to lots of the other wealthy nations out there.

 

[missmini]

There's no fee for appeals.

good to know that for me proves steerspike's point then

 

[gsize]

and what should we do with all the immigrants who lied and got their PR. There are many !

 

[scylla]

good to know that for me proves steerspike's point then

Also, to the best of my knowledge, the fees paid for immigration applications do not completely cover the actual costs of processing them.

 

[bagelbagel81]

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).

It now costs $4000 to apply for spousal immigration into Australia. They also have the
temporary residential status" until the 2 year period of being together after applying.

Both Canada and Australia process around the same number of Visa applications: 60,000 (Aus was 60,0185 in the 2011-2012 period, and Canda projected 59,800-69,000 for 2012)

Both processes are long, however I think the Australian process has more up-to-date online status updates. Canada's unfortunately falls behind the times a bit.

Speaking from experience an Irish friend of mine who is now a PR in Australia said that she was choosing between Australia and Canada to live... and actually wanted to live in Canada more, however their VISA processing time was too darn long, whereas her Australian Visa was processes within a matter of months. This was for a skilled working Visa mind you, not family class- but it's interesting to compare.

Both countries offer the right of appeal, so even if there is a rejection, you have a chance to justify your case.

I would imagine the rate of approval and denial would be quite similar in both countries - as with the waiting times. Australia's is far more expensive, and they have the technology to keep you up to date. The immigration officers when you call thenm aer just as helpful or unhelpful though!

 

[DGT]

It now costs $4000 to apply for spousal immigration into Australia. They also have the
temporary residential status" until the 2 year period of being together after applying.

Both Canada and Australia process around the same number of Visa applications: 60,000 (Aus was 60,0185 in the 2011-2012 period, and Canda projected 59,800-69,000 for 2012)

Both processes are long, however I think the Australian process has more up-to-date online status updates. Canada's unfortunately falls behind the times a bit.

Speaking from experience an Irish friend of mine who is now a PR in Australia said that she was choosing between Australia and Canada to live... and actually wanted to live in Canada more, however their VISA processing time was too darn long, whereas her Australian Visa was processes within a matter of months. This was for a skilled working Visa mind you, not family class- but it's interesting to compare.

I would imagine the rate of approval and denial would be quite similar in both countries - as with the waiting times. Australia's is far more expensive, and they have the technology to keep you up to date. The immigration officers when you call thenm aer just as helpful or unhelpful though!

Thanks for the correction! I'm glad it's not as expensive anymore in Oz! It certainly seems that either way you look at it, Canada has the longest processing time for Spousal visas by a long shot. The UK is an average of 3 months, as is the US.

 

[bagelbagel81]

Thanks for the correction! I'm glad it's not as expensive anymore in Oz! It certainly seems that either way you look at it, Canada has the longest processing time for Spousal visas by a long shot. The UK is an average of 3 months, as is the US.

All good! I actually think despite Canada's long processing times, the system is quite fair. I think n some ways the long processing times is yet another hurdle that immigration expects you to jump over, in order to weed out the legit cases with non-legit. It sucks, but it's in their interest to speed them up for their own admin benefit, not for anyone else's.

 

[Rob_TO]

It now costs $4000 to apply for spousal immigration into Australia. They also have the
temporary residential status" until the 2 year period of being together after applying.

I bet the quicker times and better online system in Australia is directly due to the fact that they are taking in around 4x the revenue ($4K compared to $1K here)? Based on 60K apps and a $3K difference in price, quick calculation shows they have an extra $180 Million to play with in their budget!

I then wonder if people who complain now about Canada's system and wait times, would be ok with CIC increasing the fees by this much to pay for the extra overhead and employees that could fix all their problems.

 

[DGT]

Interesting question Rob. Honestly, I think they probably should increase the fees if they can't currently handle the volume of applications. Maybe not $4000 dollars, but I would certainly have been happy to pay more for the peace of mind that my application will be seen in a timely fashion. Perhaps a 2 tier system like the US has?

 

[MadeInCanada]

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 am not sure where any comparisons have taken place in my comment. I was simply stating the choices I made.

I did ask her how old her child is. Should I get a reply then I guess what I say or ask next will depend on it.

I personally think it very odd under any circumstances that a person would marry someone and not see first how that someone interacts with their children and vise versa. Perhaps if the situation where that said child were an adult it would be different.

Anyways, It was simply me stating my opinion and personal choices, I have not compared her to myself in any way

I do have a question though, why are comparisons bad, but speculations okay??

 

[bagelbagel81]

I bet the quicker times and better online system in Australia is directly due to the fact that they are taking in around 4x the revenue ($4K compared to $1K here)? Based on 60K apps and a $3K difference in price, quick calculation shows they have an extra $180 Million to play with in their budget!

I then wonder if people who complain now about Canada's system and wait times, would be ok with CIC increasing the fees by this much to pay for the extra overhead and employees that could fix all their problems.

Hahah true true... funny you state that. Even though the Australian immigration forum is not as active - there are exactly the same groups of people complaining about the same kinds of things.... that and add "Australian immigration are racsist, they descriminate, and that even people on Permanent VISAs are discriminated against in the workplace which is why they can't find work"" to the list!