Conditional Visa's - It's Happening!

[rjessome]

See the following link:

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

Official publication will occur tomorrow. You have 30 days to get your comments in. This is what the government is actually proposing:

Description

Citizenship and Immigration Canada proposes to introduce amendments to the Immigration and Refugee Protection Regulations specifying that, under the family class or the spouse and common-law in Canada class, a spouse or a common-law or conjugal partner who is in a relationship of two years or less with their sponsor at the time of sponsorship application would be subject to a period of conditional permanent residence. The condition would require that the sponsored spouse or partner remain in a bona fide relationship with their sponsor for a period of two years or more following receipt of their permanent residence status in Canada. Only cases targeted for fraud would be reviewed during the conditional period. Permanent residence could be revoked (leading to initiation of removal) if the condition of remaining in a bona fide relationship was not met. For all other cases, the condition would be automatically lifted after the specified conditional period had elapsed. Beyond the requirement to satisfy the condition, the conditional permanent residence would not differ from permanent residence.

Given concerns about the vulnerability of spouses and partners in abusive relationships, a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action would be developed if a conditional permanent residence period were introduced.

 

[jiyamano]

What about the applications which are already in process ??

 

[wooera]

wow!!

 

[adzees]

Not buying this. If some one's initial plan is to do a fraud in order to get the Permanent Residency, then that person will wait 2 years and then leave. Will it solve the problem? I guess not

 

[scylla]

Not buying this. If some one's initial plan is to do a fraud in order to get the Permanent Residency, then that person will wait 2 years and then leave. Will it solve the problem? I guess not

Or - as happens in the US, they can accuse their sponsor of abuse shortly after arriving to Canada and end up obtaining their PR status all the same on a compassionate basis. They actually have a term or acronym for this in the US (i.e. term for people who commit marriage fraud and then falsely accuse their spouse of abuse when they arrive to get out of the probationary green card period). I've read a few horrible stories about sponsors' lives being ruined (e.g. charged by police, lost jobs, etc.) due to the false accusations. Hopefully Canada will have stricter policies to prevent this from becoming a loop hole.

 

[Love_Young]

Yeah, my question is, what about those already in process?
How will this affect us? I mean I applied inland and already waiting almost 9 months, I would hate to have to start over when I am this close to finishing.

 

[solosunseeker]

I have not problem with any of this. It may not eliminate all MOCs but I think it will decrease them. For example, Canadian sponsers other, other arrives and divorces canadian, other marrys again and sponser new spouse. It's not going to change the application process, they may just tag you as conditional. If you have a "bona fide" relationship there is nothing to worry about. What is 2 years in a relationship that is to be for the rest of your life?

The other option which CIC was proposing was to make the wait time longer to allow for more investigation. I am not a fan of this idea; long distance is not good for any relationship. Can you imagine getting divorced because sponsership took 3 years and you didn't even know each other any more?

 

[drdave]

By the time this becomes law, we'll all be done by that time.
Besides the government just fell and we now have an election.
So nothing will change until after the election.

Dr Dave

 

[GTWifey]

Its about time! Im hoping its for real!

Hopefully it will help to decrease wait times for those of us in genuine relationships & detour (or make it harder) for those individuals trying to scam the system!

 

[Baloo]

See the following link:

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

Official publication will occur tomorrow. You have 30 days to get your comments in. This is what the government is actually proposing:

Description

Citizenship and Immigration Canada proposes to introduce amendments to the Immigration and Refugee Protection Regulations specifying that, under the family class or the spouse and common-law in Canada class, a spouse or a common-law or conjugal partner who is in a relationship of two years or less with their sponsor at the time of sponsorship application would be subject to a period of conditional permanent residence. The condition would require that the sponsored spouse or partner remain in a bona fide relationship with their sponsor for a period of two years or more following receipt of their permanent residence status in Canada. Only cases targeted for fraud would be reviewed during the conditional period. Permanent residence could be revoked (leading to initiation of removal) if the condition of remaining in a bona fide relationship was not met. For all other cases, the condition would be automatically lifted after the specified conditional period had elapsed. Beyond the requirement to satisfy the condition, the conditional permanent residence would not differ from permanent residence.

Given concerns about the vulnerability of spouses and partners in abusive relationships, a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action would be developed if a conditional permanent residence period were introduced.

Even if this is applied to current applications why would it be a problem?
Current applications would not be cancelled.
If anyone is in process, that would continue. The conditional PR would be likely to be issued in place of a full PR (at the same point of the process) - I can't see it adding delays.

There are issues that will need addressing, voice them within the next 30 days.

rjessome, thanks for the "heads up".

 

[Baloo]

By the time this becomes law, we'll all be done by that time.
Besides the government just fell and we now have an election.
So nothing will change until after the election.

Dr Dave

I bet you see this happen this year.

 

[rjessome]

Yeah, my question is, what about those already in process?
How will this affect us? I mean I applied inland and already waiting almost 9 months, I would hate to have to start over when I am this close to finishing.

If the application has not been decided by the time any changes are made to IRPA, it is probable that all applications currently in process would be subject to the change. However, this would NOT mean that anyone would have to start over. There is nothing in the proposal to indicate anyone would be starting over. Just that if you are granted PR, it would be subject to the conditions if your relationship was less than 2 years old by the time you submitted the application.

By the time this becomes law, we'll all be done by that time.
Besides the government just fell and we now have an election.
So nothing will change until after the election.

Dr Dave

The election will only be 6 to 7 weeks away. So it's wishful thinking that everyone would be done by then.

I'm curious to see how they will define relationship. Currently, consideration is given to the dating period before getting married or becoming common law. This consideration is only given when it comes to proving genuineness. So it probably means that the couple must either be living together for 2 years or have been married for 2 years.

This will do little to prevent fraud in my opinion. But we knew it was coming.

 

[Love_Young]

I think it is a good idea.
But overall, as stated, if you are in a genuine relationship already then you won't mind the 2 years.
Just makes me wonder how reliable this forum will be after they pull through with it. It took me over a year and more to get to know what I do now about all the rules, regulations, manuals, and I am still learning every day. I would hate to not be able to contribute help anymore because we're clueless over the new rules so hopefully they make them very comprehendible.

P.S. I agree with Baloo, they are going to want this new system out fast so I am certain we will see it brought in this year.

 

[Love_Young]

If the application has not been decided by the time any changes are made to IRPA, it is probable that all applications currently in process would be subject to the change. However, this would NOT mean that anyone would have to start over. There is nothing in the proposal to indicate anyone would be starting over. Just that if you are granted PR, it would be subject to the conditions if your relationship was less than 2 years old by the time you submitted the application.

Thank you for explaining this rjessome. That puts my mind to ease.
How would this affect the decision on AIP though? Would this still be considered?

 

[CharlieD10]

Close one loophole, scammers/fraudsters find another to open. It will deter one set, at least, those who are only in it for the short run and simply cannot see themselves doing anything but ditching the sponsor once they arrive on Canadian soil. Some hardened characters may be prepared to stick it out for 2 years, or as Baloo said, adopt the strategy of claiming abuse as others do in the US. It remains to be seen how they will be dealt with.

Either way, I see it as just the good "suffering" for the bad. It won't matter to genuine couples. For example, I have only know my husband for 2 years this month (hooray!) so if the amendments are passed and are applied to applications in progress (and likely will be) and we are still in progress, then we will be conditional. It may not add anything to our processing time for the visa, but it will add another step for us. Such is life.