Probationary period for Family Class may be as soon as 2011!

[KarenCee]

Looking at the U.S. as a model, well...having been through the U.S. Immigration process ourselves, I am not so sure I would recommend that as a good example. It has its flaws, in some cases, ridiculous flaws.

Speaking from that experience, my husband had to wait for his EAD (Employment Authorisation Document) to be approved and his work permit card sent to him before he could work...that took three months. Not too bad I suppose, but then it's the finding a job that takes a while. All total, he was in the States 6 months before he was actually working. I do agree...not having the ability to work would be hard on a lot of couples.

As for the abusive relationship scenario...here in the States, you have to prove that you are truly in an abusive relationship - arrest records, affidavits, in some cases I know photos have been submitted - before the conditions can be lifted and permanent residency is granted. I would hope that if this conditional status is implemented for Canadian Immigration that those instituting it will definitely make this a possibility for those in truly abusive situations.

 

[PMM]

Hi

I wonder if instituting a probationary period actually WOULD make it easier for genuine couples to immigrate. I don't see how that is. Would the process be quicker or less exhausting? I don't think there's much evidence to suggest this is true.

I also wonder if you would be able to WORK during this probationary period. If not, this would make things much, much harder for a lot of couples.

Also, there's the very real problem that this legislation would force some people to stay in abusive relationships. There should be some loophole where if a person can prove his or her partner is abusive they should be able to leave that relationship without losing PRS.

I don't think that it will really solve anything. Genuine marriages will get probationary visas and non bona fide applicants will be refused the same as now. The change will be that genuine marriages will have an additional step to prove they are still together, after a period of time. Those that are refused and win at appeal, will also have that step to prove that they are still together.

 

[whoopsydaisy]

Toby, basically yes and yes. First of all, there will be no precedents to follow in a new system. Nobody will have the "experience" to help and guide others in the process. Consultants and lawyers have groups and associations that meet with CIC regularly to discuss changes to immigration law and the "intent" and "expectations" of CIC when changes are made. We have Continuing Professional Development and Continuing Legal Education seminars/courses that we attend on a regular basis to provide legal training to us in how to interpret changes and guide us in proper representation in the various areas of immigration law. These are NOT free or open to the public.

Secondly, there is a "feeling" that IF changes are made, they will be much more "by the book" than the current system, somewhat like the American procedures. Hard to believe but CIC is forgiving of small errors in application forms, like answering NO to the question about have you ever applied for immigration status to Canada. A common mistake is that people will think this means PR but it also means visiting, working, etc. This error will be overlooked if the VO does not believe the intent was misrepresentation. IF we become more "by the book" an error like this could mean the application will be sent back or refused because of a small mistake and you have to start over AND get back in line. No one wants that to happen to them so they will seek representatives to ensure the application is done right the first time and that they didn't miss anything.

Third, if changes are made to the financial requirements of the sponsor, it WILL get much more complex to satisfy this. Again, there is no way of knowing right now IF that portion of the application will change but all of the models the Minister has been studying have much greater financial requirements for the sponsor in the spousal/partner category than we currently have. AND, if the sponsor is unable to meet any new financial requirements, there will be an increase in H&C applications to ask CIC to overlook them. Think about the number of people on this board who are students or on EI who are currently eligible to sponsor spouses/partners. This could change. Also, the current system does not look into your debts (other than bankruptcy) or whether or not you owe back taxes. What if any new one does? The US system currently makes a person ineligible for a visa if there is a belief they will become a "public charge" meaning reliant on government assistance. We have this under our current regulations too but, although it is exercised from time to time, not nearly as often as the US system as we currently don't require very much financial proof from the sponsor. If co-signers are allowed in this category, then we are involving family members and getting statements of their assets and debts. More red tape! Then there are also citizens abroad who want to return to Canada and bring their foreign spouses. Will they have to show a certain amount of "money in the bank" before they are eligible?

Fourth, in all of these models, interviews are required much more often than they currently are in the Canadian systems. Interview preparation will be that much MORE important. Interviews are make or break points in this process and you had better be well prepared.

Finally, there will be the removal of conditions side of the process and that's where a million and one things can happen. Genuine marriages breakdown, abuse is claimed, children are born, etc. Applying for waivers, if there are any, will be a whole new area of practice in immigration law. In the US system, they are VERY difficult to get so then there is an appeal process, H&C's, etc.

Without knowing what exactly the Minister "may" implement, all of the above is just supposition based on what he has been saying in the media and the models he is studying. So those are just my thoughts about what could make this more difficult for applicants.

rjessome, I love reading your posts. And I believe that your points are very valid. To those people who say that having conditions before becoming a full PR is beneficial for genuine couples because it speed things up or may not have impact on the process, please do read rjessome's post (the one I quoted). Most probably the changes will make it more expensive for immigrants, make things harder AND probably longer too.

 

[waitingintz]

The posts are very interesting and thought provoking... I just wish they weren't so scary! Making me that much more anxious to get that visa. Would be devestating to get to this last stretch (background check) then get hit with all these changes!

 

[Latvian]

Hi all!

In my opinion, the probation idea itself is good in order to "fish out" scammers in this category, HOWEVER I also would suggest to CIC to stop applying new rules towards those, who has already applied under "old" rules. Same thing concerns application processing times - when you apply, CIC web-site states one time period, and then they decide to change it, and it is not in to applicants favour. All the changes they do should only apply toward applicants, who apply after the change has been implemented. Otherwise you just don’t know what to expect. CIC has to make the whole process more predictable and reliable. It's quite enough to spend months waiting...

Have a great day!