canadianwoman said:
CIC is not racist, though individual visa officers may be. But CIC certainly discriminates on the basis of country of origin! Look at the estimated time lines for PR processing at embassies: the gov't has openly stated that it prefers Chinese and Indian immigrants, and is less welcoming to Latin American, Caribbean, and African immigrants, and the time lines and numbers accepted support this. Accra and Nairobi have the longest wait times in the world; Beijing and New Delhi are some of the quickest.
I almost completely agree with this comment, except I would go as far as to say that the discrimination is likely embedded in racism. I actually inquired about this topic once by emailing the CIC department and I got a reply that I thought was cut and pasted from external documents. The person that sent the reply first acknowledged I was inquiring about a permanent resident application, then, nearing the end of the response, went on about Temporary Resident Visas.
If this lack of consistency in thought proves anything about the abilities to democratically process immigrant applications to Canada, I'm not surprised Canada's immigration system is unjust and unreasonable. In fact, this inquiry I'm referring to was sent in January 2010 and was replied to 6 weeks later.
My husband still does not have a visa FOURTEEN months later.
Here's the response from Kenney's office (minus my personal information at the beginning):
I appreciate your wish for your husband to join you in Canada as soon as possible. We understand that as processing times lengthen, anxiety levels increase, especially among those waiting to be reunited with family. The Canadian government does its best to prioritize family reunification.
Immigrants to Canada are selected by a process that does not discriminate on the grounds of race, national or ethnic origin, colour, religion or sex. The principle of non-discrimination is part of the Immigration and Refugee Protection Act (IRPA) and is consistent with the Canadian Charter of Rights and Freedoms. It also reflects Canada's tradition of fairness and natural justice and our nation's multicultural character. There is no favouritism toward any geographic or ethnic group.
Each visa office must deal with operational environments unique both to its role in Citizenship and Immigration Canada’s (CIC) overall overseas program commitments and the realities of the area of the world in which they are located. As a result, processing times for different types of applications vary within the CIC visa office network.
Our officers have an obligation under the IRPA to assess whether Family Class relationships are genuine and have not been entered into for the purpose of facilitating immigration to Canada. Persons who entered into a non-genuine marriage, common-law relationship, conjugal partnership or adoption in order to obtain permanent residence in Canada must be refused. It is, therefore, important for the officers to examine the particular circumstances of a relationship and to assess it in the context of the cultural norms of the country. For this reason, it is frequently necessary for the examining officer to ask pertinent questions and request documentation which the applicant may feel to be unwarranted or officious.
While there is no embargo on communicating with Canadian missions abroad about the status of individual immigration cases, it is in everyone’s interest to minimize these contacts since the time taken to respond to representations may be spent at the expense of ongoing case work. For example, it would be premature to ask for a status report where a case has not been active beyond the time normally needed to process a file at the office involved.
With regard to the issuing of Temporary Resident Visas (TRVs), the IRPA gives Canadian visa officers the exclusive authority to issue TRVs and sets out certain basic requirements. Applicants must be in good health and have no criminal record. They must possess the necessary travel documents and sufficient funds to support themselves during their visit and to pay for transportation home. Visa officers must be satisfied that the applicants are not planning to remain in Canada after an authorized stay. In order to determine this, visa officers consider such factors as the applicants’ ties to their homeland, employment, family, future plans and reasons for visiting.
The onus rests solely with the applicants to establish that they meet these requirements. They are given the opportunity to present their cases by providing documentary evidence and any other relevant information to support their applications. Where required, an interview may also be held. A decision is made only after consideration of all factors.
Hosts in Canada often make genuine assurances that the applicant will return home. They are ultimately powerless, however, to compel the departure of guests who choose not to leave. For this reason, visa officers must form an opinion about the visitor’s intentions independent of the hosts’ assurances.
Thank you for taking the time to write. I trust that this information is of assistance.
L. Legari
Ministerial Enquiries Division
