Ottawa Moves To Curb Marriages of Convenience

[suva]

I think that this is a great idea. It will not make those of us in genuine relationships wait longer... it just means that our spouses will have a "conditional PR" for the first few years. They will be allowed to work and have every right that a normal PR currently has EXCEPT, if the marriage breaks down prior to the condition being lifted, then they will not be permitted to remain in Canada and their PR will be revoked.

This is nothing but good for those of us who are in genuine relationships.

If there is ANY chance that they can curb immigration fraud then I am all for it.

They are willing to put provisions in place for those immigrants who suffer spousal abuse after they arrive, and may waive the condition that would force them to stay in an abusive relationship or be deported.

I would have zero objections to this since my marriage is solid and aside from that, the conditional PR and the normal PR allow for virtually identical freedoms and rights.

Those who come here on a "spousal" application should absolutely be subject to a condition that requires them to remain in that marriage for a certain amount of time... their PR application was approved based on that condition and should be maintained on that condition.

i agree with u, its good idea. it might reduce the processing time as well. but unfortunately i have to wait for 21 months (Singapore) since i have applied on 20th july. i wish i could reapply after the rule is implemented.

 

[jayde]

No... you will not wait longer for your PR...

You will NOT need a work visa...

You will have a "conditional" PR which allows you to work and everything else that a PR currently allows you to do.

It will NOT complicate the process, it just means you have to stay with your spouse, which honestly shouldn't be an issue if the relationship is genuine.

Everyone needs to stop worrying so much... it is a regular PR that is issued and maintained on the "condition" that you remain married.

No other difference.

 

[ShaunT]

I think it would be more a situation like what can happen in the UK. If my wife were to move here and the marriage broke up then she would have no right to remain in the UK. It's like a probation period. So in the 2 years you still have the rights as a permanent resident but if the marriage breaks down then you don't keep the right to stay in the country.

Quite fair really when you think about it.

Spousal sponsorship is deigned to reunite a family and if you divorce from the sponsor then you are no longer family.

 

[Indigo]

I think that this is a great idea. It will not make those of us in genuine relationships wait longer... it just means that our spouses will have a "conditional PR" for the first few years. They will be allowed to work and have every right that a normal PR currently has EXCEPT, if the marriage breaks down prior to the condition being lifted, then they will not be permitted to remain in Canada and their PR will be revoked.

If that is what they are doing, than that doesn't sounds fine to me. However, the article isn't clear about it. Let's just hope that this is what they want to do!

(...)They are willing to put provisions in place for those immigrants who suffer spousal abuse after they arrive, and may waive the condition that would force them to stay in an abusive relationship or be deported.

This worries me. Won't this just give fraudeurs an extra tool? Are claims of abuse by the sponsor going to sky-rocket? The poor sponsor, who tought that his/her spouse was genuinly in love with them, will be accused of domestic abuse, so that the spouse can escape the regulation. I'm sure they will be doing thorough investigations before they will acknowledge the abuse and waive the condition, but still.. Once accused of these things, you've got the stigma. This just doesn't sound all that good to me...

 

[Indigo]

I think it would be more a situation like what can happen in the UK. If my wife were to move here and the marriage broke up then she would have no right to remain in the UK. It's like a probation period. So in the 2 years you still have the rights as a permanent resident but if the marriage breaks down then you don't keep the right to stay in the country.

Quite fair really when you think about it.

Spousal sponsorship is deigned to reunite a family and if you divorce from the sponsor then you are no longer family.

Agree. This would be a good rule. What makes me nervous is the domestic abuse rule. Canadians who fell for the tricks of someone who used them to get PR might be affected if domestic abuse is claimed to get out of the conditional PR, while no abuse was going on. On the other hand, genuine people who came to Canada because of love, only to be abused by their spouse, should be protected. I, for one, am glad to not be a politician! Call me cowardish if you want.

The 5-year-after-last-sponsorship rule is what worries me for our case. While I think the rule makes sense, it was not in place when we got married and applied. The 3 year rule was in place.
I just hope they won't enforce this upcoming new rule upon us because if they do, our application will be refused because it's been only 4 years since the sponsorship for hubby's ex-wife ended. If there was a 5 year rule in place, we would have shoved our plan to marry and live together a year ahead. I find it unlikely they enforce this rule (let's not forget the rule isn't even in place yet) upon applications that have already been received by CIC, which is why I'm not completely panicked atm.

Sponsoring a spouse twice may be rare, but it happens. People travel all over the world nowadays, it's not realistic to expect everybody to fall in love with their neighbours. But it is fair to have certain rules in place.

 

[Canadianfirst]

I agree with these rulings. the sponsor takes on a big responsibility. If in the sponsor's mind and heart the relationship is genuine but in the mind of the sponsored person it was all a scam. Why should the sponsor be responsible for everything, welfare payments, alimony etc within the first 3 years. Unless there was exchange of money where both sponsor and sponsored person are committing a crime then the sponsor and sponsored person should pay for their crime. The sponsored person should not be allowed to stay and maybe do some jail time. The sponsor should pay a large fine and do jail time for humane trafficking. In the present situation there is no disincentive for the scamming sponsored person, only benefits. The sponsor is responsible for everything and has no recourse. The argument for spousal abuse is weak because there are laws in Canada that protect women. Spousal abuse happens both ways and it does not have to be only physical. Women can exert psychological abuse very easily with threats and threat of divorce and that they will go on welfare and that the husband will have to pay etc. In fact the sponsored person once landed has all the power if it was a scam. Court cases should be made to send the message to the world to all the scamming husbands and wives and to the criminals who do this for money

 

[CharlieD10]

I think some persons are labouring under several misapprehensions. Just to make a few things clear:

1) "Conditional" PR means you will have all the rights and privileges currently enjoyed by PRs, in other words, to live, work and study in Canada without the need for additional permits and to enter and leave the country subject to the residency requirement BUT if your relationship with your sponsor breaks down (or purports to) within two years of your landing date, you status is revocable and you can be removed from the country. At the end of two years (or however long they decide to set it to) you and your spouse must apply JOINTLY for the removal of the conditional status, and you will be PR without conditions. This is essentially the same way it works in the US.

2) This change will NOT apply retroactively, BUT it will affect all cases/applications not completed by the time it comes into force.

3) NOT ALL applications/relationships will be affected. There was some discussion, although it is not mentioned in this article, that these new regulations would be applied to applications from couples who had been in a relationship for less than 2 years before applying for PR. So persons married/partnered for 3 or more years may find that they are not subject to conditional status.

4) The 5 or 7 year bar refers to the sponsored spouse not being able to sponsor a new spouse to Canada after being sponsored themselves until that time has elapsed. It does not apply to a sponsor being unable to sponsor a new spouse after breaking up with a previously sponsored spouse whose undertaking period is already completed.

I hope it's a good thing, I really do. For myself, I don't care, but having read so much about the blatant abuses the Canadian immigration system is subject to, I see it as just another case of the good suffering for the bad, and I am Jamaican, so I am inured to that now at my age.

I have no hopes that it will shorten the processing time, as I believe there are numerous other reasons (political and otherwise) for the widely varying processing times that have little to do with trying to flush out fraudsters and scammers.

 

[Zouk Princesse]

As a person in a genuine marriage, I am fully in favour of the conditional PR, as long as it accords all the rights of thr regular PR, and from previous posts, this would appear to be the case. This could work in our favour, as it may make the IO less critical of real marriages, knowing that the fake ones have been deterred. It might even make the process a bit faster, as frauds will be less likely to apply, thus freeing up IO's time to deal with the real marriages.

 

[lenardparnold]

I don't see any problem with this... As long as he/she was able to work for the period. If the marriage doesn't work, then they can go home, or find another way to get a PR. (skilled worker, etc)

If isn't genuine then they didn't come here for Canada, they came for the spouse, and can go home, though I understand if the marriage didn't work out and they wanted to stay because it's a better country. But I think that should be tough luck because they got in based on the marriage.

At least thats what I think because I wish the processing time would be faster. It's been over a year now and we can't start our life. We haved dariend our savings just waiting and wondering when or if we can go to Canada. Soon I will have to go work in Canada again for another couple months just so I can come back and drain it again. I'm only 23, I should have graduated university by now. I was a student in Thailand for a year originally and was going to study here and be with my wife until i graduated but after I year I decided a Canadian education would be better credentials and also more challanging. I would look better whereever I worked. (I'm in Thailand.) Even at one of the top universities in Thailand, co-op students there from Canada said that the workload was very small and it was noticably easier.

I also realize it's partially my fault and not the problem of Canada that I fell in love elsewhere and that it's not the governments duty to give me a VIP plane to Canada the next day... But still.

 

[fernendez]

Good idea, we all know who the culprits are and why they are against this move. Infact they can make it 5 years conditional visa like the European spouses in UK get. why i anyone disturbed if you are in a real relationship?

 

[suva]

lets make it 5 yrs so the fake couples would not be interested to apply.

 

[fernendez]

Suva, am glad you second my idea.

 

[Newbie1234]

They can not sponsor new spouse or just not anybody?
Lets say someone has conditional PR, can she or he sponsor the parents?

 

[suva]

They can not sponsor new spouse or just not anybody?
Lets say someone has conditional PR, can she or he sponsor the parents?

unless u r a PR u cant sponsor anybody

 

[Newbie1234]

No I meant five year sponsorship bar is only to sponsor new spouse or anybody?
You can not sponsor your parents for five years?