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Regulations Changed September 30, 2010

vonster

Star Member
Jan 5, 2010
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hmmm...

My brother's gf is coming to Canada on Visitor Visa, they will marry within 1 month, and then apply for PR inland...i believe they trully love each other...but I am positive this new rule apply to them because why else would anyone get married while a visitor visa is still valid? it is to stay permanently in Canada..


regardless of love or not

:(
 

Love_Young

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Well the important thing is that you are marrying for love. They understand that you are not both from the same country and respectfully want to form a life together and in order to do that, you would have to immigrate. As long as their intentions of a life together are true and neither of them married solely ONLY for permanent residence then they should do just fine. This rule from my understanding is more than likely going to have the most impact on arranged marriages but not saying it won't on non-arranged marriages either but I do believe this was mainly introduced to depict rather the arrange marriage was out of genuine purposes or only for PR status. Unless your brother's gf doesn't plan to actually form a life with him in Canada and only wants to marry him so she get status here than, I think they have nothing to worry about. All they can do is apply and hope for the best.
 

became-a-loner

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Mar 16, 2011
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rjessome said:
Further to the discussion started in this previous thread, http://www.canadavisa.com/canada-immigration-discussion-board/changes-to-immigration-regs-affecting-spousalclcp-applications-expected-soon-t53171.0.html;msg429300#msg429300

the Regulations have now been changed and are the law.

See Operational Bulletin 238

http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob238.asp

Specifically:

Amended provision
The amended R4 provision provides for each of the two “bad faith” tests to stand on its own and separates the requirement related to spouses, common-law partners and conjugal partners (R4(1)) from that related to adopted children (R4(2)). The amended R4 provision reads as follows:

4. (1) For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the marriage, common-law partnership or conjugal partnership

(a) was entered into primarily for the purpose of acquiring any status or privilege under the Act; or
(b) is not genuine.


AND

Implications
Assessing the bona fides of spousal, common-law or conjugal relationships

These changes will enable CIC and CBSA to deal more effectively with marriages of convenience, an ongoing issue of concern. They will allow officers to determine that a spousal, common-law or conjugal relationship is not bona fide if it is either not genuine or was entered into primarily for the purpose of acquiring a status or privilege under the Immigration and Refugee Protection Act. Henceforth, only one of the two criteria will need to be present to determine that a relationship is not bona fide.

And just to add to it, in his last visit to Pak, Jason Kenny met that ass Rehman Malik (Minister in Pak) and asked him to help him fight marriage and immigration fraud, I am sure he must have instructed immigration officers to fight in with read stick in their hands called REJECTION letters under the additional authority given to them by his Govt
 

missmini

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feel like saying something just to keep this interesting thread alive

first, it bothers me that they implemented this already without updating their manuals and telling poor applicant in process HOW...they have already 6 months while they can basically do whatever they want...it's not transparent enough for my taste

second, maybe i'm missing something but will they still consider making conditional PR law? or that part was dropped? or we'll have both?:-\

third, to all of u i say, it's too early to worry and it's not good for u; at the end this is a test for ur relationship and u'll b stronger together; if u trust urselves and ur love is real u'll b fine no matter what CIC says ;) u'll find other ways to be together, the worst case, u'll try again, the most important is that u'll never give up and even more important is that u'll never give up each other :) for sure we all the time hope we don't need to have all this headache but unfortunately, we all have to suffer from all those scamers :(

forth, for the ones giving bad karma u r just ANNOYING!! we should thank rjesomme that she posted these new rules, i'm sure u don't stay every day on the CIC website and follow its updates; even if u do, u probably need someone to explain u what they mean; and looool i don't think it's her who makes these new rules :-\ in general bad karma is wrong all together: people have the right to give their own opinion, advice and talk abt their own experience; even if maybe the advice is wrong for u, at least appreciate that they waste the time to write u and they care abt ur problems (at least some)

please keep us updated rjesomme :)

good luck to all, worry less and smile more!!
 

rjessome

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Feb 24, 2009
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Conditional PR visas for spousal sponsorships IS becoming law. The proposed changes to the Regulations have been published in the Canada Gazette Part 1 on March 26th.

http://www.gazette.gc.ca/rp-pr/p1/2011/2011-03-26/html/notice-avis-eng.html#d114

As soon as it gets published in Part II, it's the law. Big conversation about that going on in another thread.
 

Love_Young

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Has it yet been determined how this will effect applying for citizenship, later on, such as counting days wise?
And has it been said if this will have any impact on traveling abroad with the conditional PR? (I know the other countries have certain restrictions on travel while on a conditional PR)
Also, how will they be determining the 2 year relationship date (when you applied or when they go to issue it)?


Just kind of frustrated they couldn't wait another few months or more since I will have been waiting 10 months just to get AIP and up to another 9 months after for only a conditional PR...hmm...maybe once I find out a bit more then I can settle into the idea better. Just going to take time.

P.S. I once again LOVE how they always asks for our comments and opinions yet they don't seem to be wavered at all. So then why ask if you won't consider the other opinions?
 

rjessome

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Love_Young said:
Has it yet been determined how this will effect applying for citizenship, later on, such as counting days wise?
And has it been said if this will have any impact on traveling abroad with the conditional PR? (I know the other countries have certain restrictions on travel while on a conditional PR)
Also, how will they be determining the 2 year relationship date (when you applied or when they go to issue it)?


Just kind of frustrated they couldn't wait another few months or more since I will have been waiting 10 months just to get AIP and up to another 9 months after for only a conditional PR...hmm...maybe once I find out a bit more then I can settle into the idea better. Just going to take time.

P.S. I once again LOVE how they always asks for our comments and opinions yet they don't seem to be wavered at all. So then why ask if you won't consider the other opinions?
It will have NO impact on citizenship requirements. It is still a PR visa, not a temporary permit.

Yes, the US has travel restrictions for green card holders but there is no indication that this will happen for conditional PRs of Canada. Very doubtful they would re-invent the wheel THAT much! I would NOT worry about that.

Conditions would be in place for 2 years from the date the visa is ISSUED. Regarding relationship date to decide whether or not your relationship would be subject to conditions if a visa were issued, my best guess is that it is counted from the date you started co-habiting or from the date you got married relative to the date you applied. For example:

Couple 1 - Married or cohabiting for 1 year. Apply to sponsor & for PR. Takes 1 year for visa to be issued from the date of application. Now married or living together for 2 years. Conditions WOULD be imposed.

Couple 2 - Married or cohabiting for 3 years. Apply to sponsor & for PR. NO conditions would be imposed on the PR visa if issued.
 

Love_Young

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Thank you rjessome for taking the time to address my questions.
I am sure others will really appreciate it. It will be interesting to see how this turns out for Canada, its citizens/residents, and the applicants. I certainly hope it is for the better and not the worse.
 

newlife23

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So would it mean that it is still a better option to apply outland as it will take less than a year for the visa to be issued? Or will it be like it will take 1 year for all inland and outland visa to be issued? I am getting more confused.
 

rjessome

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newlife23 said:
So would it mean that it is still a better option to apply outland as it will take less than a year for the visa to be issued? Or will it be like it will take 1 year for all inland and outland visa to be issued? I am getting more confused.
We have no idea or way of predicting whether processing times are going to change when this comes into effect for either type of application. If the amount of time it takes is your worry, outland is generally the better option all the way around. However, processing times are "an average based on historical data". They are not set in stone by any means. It could be faster, it could be slower. If you put together a strong application that is well organized and addresses all the right points, they are generally faster. If you wing it and think they will just believe you, it could take longer than the posted times.
 

Makool

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Hi to all,

I'm very worry about this it took me about an hour read the all thread, how CIC is going to tell you that what you feel is love or not, I'm wondering do they have any idea what is to put togueter an application package, it took me a while, I went to stay with my wife first 5 months, second time 5 months, just to make sure that I had the documents, photos everything, I didn't have an explosive weeding for money issues at that time, I just sent the application in september soo, if they decide that my reraltionship is not real they are not just changing my wife's future they also are changing mine, I'm not going to wait another 2 or 3 years to go court and try to prove that the love that we feel each other is real, that means that I'll have to leave Canada and live with my wife in Colombia...

I hope they can have the right sense when they choose to denied an aplication of people that they just want to be togueter even with the challenges that you face when you come to this amazing country, this about share your life with someone that you thought it will be a good partner, mother, friend etc etc

and now we have to depend for that on an immigration officer.
 

Love_Young

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Love_Young

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Love_Young

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I will try to make this my last post for a while.
The last thing I would be wondering would be, is there likely to be a bigger increase in interviews?
I am not sure about the UK, Australia, etc. but I do know that after applying for the CR-1 visa in the US they interview the applicant no matter what. I am wondering how they will approach this part of it as well.
 

glak1234

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Apr 8, 2011
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Its not fair to those that take their time putting together applications and have genuine relationships, trying to establish a life in Canada.. And it comes down to one IO that going to be looking at the file to determine whether you can or cannot live the life you want to live with your spouse... I'm just frustrated, and it sucks that they made it so complicated..
And its true, they ask for public comments and opinions but in the end they don't really matter, they will do as they please..