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Author Topic: Conditional visa: how do we prove the relationship is 2 years or more?  (Read 894 times)
fandv
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« on: November 06, 2011, 08:14:23 pm »

Hi people Smiley

1. I realise that lately the topic of conditional visa for sponsored spouses is becoming more and more popular. I don't really understand how the whole things work. But my best understanding is that if the sponsored spouse has only been in a relationship with the sponsor for 2 years or less, then the sponsored spouse will get a conditional sponsorship, which means that after landing in Canada, they have to be in the marriage for 2 years, before finally a permanent resident visa is granted to the person being sponsored. Am I correct?

So my question is: how do we even prove that the relationship is 2 years or more? When a man asks a girl to be his girlfriend, very often that's done face to face, or at least over the phone, so how do they show a written/physical proof of the exact date they started dating??! Yes there may be other possible proofs such as written letters, emails, photos, phone call logs, etc. But the question remains: how do we show the CIC, that the exact date on which the couple got together, ROMANTICALLY, was in fact 2 years prior to the sponsorship application?!

When an immigration officer is deciding whether or not to give conditional sponsorship to the sponsored spouse, I just think that it's not that easy for him/her (the officer) to prove that the couple has been in the relationship for 2 years (or more) by just looking at photos, letters, phone logs, etc (because not only romantic couples take those things....friends can also take photos together, write letters, call each other....right?!)

2. According to a website called Canada Gazette:

Quote
"Following public town hall meetings and online consultations on marriages of convenience held in fall 2010, notice is hereby given that Citizenship and Immigration Canada (CIC) is soliciting written comments from all interested parties on a proposal to amend the Immigration and Refugee Protection Regulations to introduce a specified period of conditional permanent residence for spouses and partners sponsored as members of the family class or spouse or common-law partner in Canada class under subsection 13(1) of the Immigration and Refugee Protection Act (IRPA). This proposed measure would apply to spouses and partners who have been in a relationship with their sponsor for two years or less at the time of the sponsorship application. The period of conditional status under consideration could be two years, or longer, from the time that the sponsored spouse or partner becomes a permanent resident in Canada."

See the word I bolded in red? What do they mean by "relationship"? Does it mean dating or marriage?

3. If the couple is successfully able to prove that they've been in the "relationship" (whatever that means) for 2 or more years (see my first question: HOW do we prove it's more than 2 years?), does that mean the sponsored spouse will get the permanent resident visa right away, just like before this new rule came about?
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smokijoe
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Category........: FAM
Visa Office......: PoS
App. Filed.......: 02-08-2011
Doc's Request.: 14-02-2012
AOR Received.: 28-12-2011
File Transfer...: 15-10-2011
Med's Done....: 01-07-2011
Interview........: Waived
Passport Req..: Not needed
VISA ISSUED...: 27/04/2012
LANDED..........: 12/06/2012

« Reply #1 on: November 07, 2011, 07:25:13 pm »

I dont know how this will be looked at, but when I movd to UK in 1990 to join my spouse, immigration there gave me 1 yr. At the end of that 1 yr period the two of us had to attend an interview (seperately) to prove that we were still living together as man and wife.

If it was proven that were not still together I would have been sent packing back to my home country.
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CharlieD10
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App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #2 on: November 07, 2011, 07:39:37 pm »

1. Relationship = marriage or common-law/conjugal partnership.  Canada does not recognise dating or even being affianced/engaged.

2. You prove it by the date you got married, or the day you established your common-law partnership.

3. That would seem to be the correct assumption, conditional status will be limited only to persons in a relationship for less than two years.  Presumably those who have been together longer will not need to go through conditional status and having it removed after 2 years.

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fandv
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« Reply #3 on: November 08, 2011, 12:14:06 am »

1. Relationship = marriage or common-law/conjugal partnership.  Canada does not recognise dating or even being affianced/engaged.

2. You prove it by the date you got married, or the day you established your common-law partnership.

3. That would seem to be the correct assumption, conditional status will be limited only to persons in a relationship for less than two years.  Presumably those who have been together longer will not need to go through conditional status and having it removed after 2 years.



Thanks for clarifying Smiley.

By the way, during the conditional stage, does the sponsored spouse have the same rights as regular permanent residents? That means, entitlement to OHIP, lower tuition fees (if they're students), the rights to work legally without having to get a work permit, etc....?
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Leon
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« Reply #4 on: November 08, 2011, 12:54:04 am »

As far as I know, they haven't implemented this yet but my understanding has been that they would go the same way as the US and hand out temporary PR cards with a 2 year expiry date.  They would then have all the same rights as other PR's except at the end of the 2 years, they need to be still in a relationship to get it renewed.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
FM_jun
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« Reply #5 on: November 13, 2011, 05:06:43 am »

have anyone idea is it gonna to approve or not?Huh
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Admirable
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Med's Request: 08-03-2012 (2nd medical redo)
Med's Done....: 06-06-2010 and 09-03-2012
Interview........: 08-03-2012 Positive
Passport Req..: 18-04-2012
VISA ISSUED...: Hopefully Soon
LANDED..........: Hopefully Soon

« Reply #6 on: November 13, 2011, 12:03:55 pm »

Interesting topic of discussion.

This is my question. What if you're married for just about over two years (let's say 2 years & 2 mths), would one still be granted a conditional visa?
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Red Jeans
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Category........: FAM
Visa Office......: Islamabad
Doc's Request.: Re-pcc,Re-Imm forms and Proof of Ruksati - March 13, 2012
AOR Received.: March 13, 2012
File Transfer...: May 30, 2011 / sent supporting docs voluntarily on 25-feb-2012
Med's Request: waiting
Passport Req..: waiting
VISA ISSUED...: waiting
LANDED..........: waiting

« Reply #7 on: November 14, 2011, 12:40:59 am »

This would definitely shorten the current timeline ! Currently Pakistan has a timeline of 26 months! Would it be reduce to 5 to 6 months if they introduce conditional visas?
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I'm the wife who's being sponsored Smiley

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Amy612
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« Reply #8 on: November 14, 2011, 02:01:02 am »

i dont understand how will it decrase the processing time? Any way you hav to prove that you are a genuine relationship.
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Admirable
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Posts: 538
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Category........: FAM
Visa Office......: POS
App. Filed.......: 22-12-2010
Doc's Request.: 09-02-2011
AOR Received.: 24-01-2011  & 27-01-2012
File Transfer...: 17-03-2011
Med's Request: 08-03-2012 (2nd medical redo)
Med's Done....: 06-06-2010 and 09-03-2012
Interview........: 08-03-2012 Positive
Passport Req..: 18-04-2012
VISA ISSUED...: Hopefully Soon
LANDED..........: Hopefully Soon

« Reply #9 on: November 14, 2011, 08:15:13 am »

With the implementation of conditional visas, I don't think processing times will decrease. However, there might be a 2nd interview though, (2 years after the landed immigrant has been be approved as a PR perhaps...WHO KNOWS) in order to lift the stipulations of the conditional visa to a permanent visa (similar to that of the U.S). If no interview was scheduled when you received your condtional visa then this will be your 1st. Nevertheless, one still has to prove a genuine relationship at all times.
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Zouk Princesse
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App. Filed.......: 14-Nov-2011
File Transfer...: 17-Jan-2012
Med's Done....: 16-Jul-2011

« Reply #10 on: November 14, 2011, 05:53:34 pm »

My suggestion ... why don't we all just relax, continue our lives as normal, and once the new regulations are in place, I'm sure that all the kinks and details will be explained. There is so much speculation going on and people getting ruffled over what may or may not be. We need to let it breathe...
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locolynn
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Interview........: 06-12-07/09-24-08/09-27-11

« Reply #11 on: November 14, 2011, 08:54:55 pm »

My suggestion ... why don't we all just relax, continue our lives as normal, and once the new regulations are in place, I'm sure that all the kinks and details will be explained. There is so much speculation going on and people getting ruffled over what may or may not be. We need to let it breathe...

Zouk princesse you are full of all sorts of wisdom today! Plus one for you!!
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As if.
Zouk Princesse
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App. Filed.......: 14-Nov-2011
File Transfer...: 17-Jan-2012
Med's Done....: 16-Jul-2011

« Reply #12 on: November 14, 2011, 09:26:58 pm »

Zouk princesse you are full of all sorts of wisdom today! Plus one for you!!

Lol why thank you Lynn! 
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dangerJones
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Posts: 119
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Category........: FAM
Visa Office......: Singapore
App. Filed.......: 07-06-2011
AOR Received.: 25-07-2011
File Transfer...: 08-08-2011
Med's Done....: 14-04-2011
Interview........: N/A
Passport Req..: 20-03-2012
VISA ISSUED...: 03-04-2012
LANDED..........: 10-04-2012

« Reply #13 on: November 14, 2011, 09:36:04 pm »

My suggestion ... why don't we all just relax, continue our lives as normal, and once the new regulations are in place, I'm sure that all the kinks and details will be explained. There is so much speculation going on and people getting ruffled over what may or may not be. We need to let it breathe...

Agreed--as much as we'd love for something, anything, to shorten our wait times, speculation only leads to mistaken assumptions... and as I always say, when you make an assumption, you're really making an ass out of you ('u') and... uh... umption.
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"Where there is love, nothing is too much trouble and there is always time." -'Abdu'l-Bahá

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