Conditional Visa's - It's Happening!

[toby]

How so? I have read this comment several times now, but I have trouble understanding how adding more bureaucracy to a process will speed up anything. But maybe I am not seeing something - how do you think this will lead to faster processing of legitimate couples?

You were questioning my comment that conditional visa might speed up the visa approval process.

I meant that in the current system, the VO must try to make perfect decisons, because if he/she is wrong, and a fraudulent PR gets into Canada, there is no remedy, no deportation possible. The PR is awarded for ever. So, the VO takes a lot of time analyzing the case, to strive for a perfect understanding.

However, if the process removed some of the stress, perhaps the VO could make speedier decisions in uncertain cases, knowing that if a
fraudulent PR slips through, into Canada, but leaves the marriage within two years, the PR could then be deported.

Sorry my first explanation was unclear; is it clearer now?

 

[valy79]

You were questioning my comment that conditional visa might speed up the visa approval process.

I meant that in the current system, the VO must try to make perfect decisons, because if he/she is wrong, and a fraudulent PR gets into Canada, there is no remedy, no deportation possible. The PR is awarded for ever. So, the VO takes a lot of time analyzing the case, to strive for a perfect understanding.

However, if the process removed some of the stress, perhaps the VO could make speedier decisions in uncertain cases, knowing that if a
fraudulent PR slips through, into Canada, but leaves the marriage within two years, the PR could then be deported.

Sorry my first explanation was unclear; is it clearer now?

Thanks for your explanation I do see your point. I guess the question is if every marriage that is below the 2-year mark is automatically going to be sorted into the "conditional PR" category or if the VO still needs to make a decision on that and decide case by case.

Also, I would assume that even marriages/relationships falling into the 2-year mark could be fraudulent, couldn't they? So the VO would still be required to evaluate the cases in detail (I am thinking about long-distance relationships for example).

And then of course there is the point that people who really want to cheat on the system could fairly easily wait for another 2 years. But that of course depends on how CIC is going to evaluate these conditional PRs. If merely staying married for another 2 years would be the only condition then I think the entire new rule would be completely worthless. CIC would actually need to look at cohabitation etc (in essence all the evidence that one needs to submit for the application). Which would mean that either CIC needs to hire more officers, or the same ones who already work on "normal PRs" will need to step up and work on these cases as well. Which in turn would lead to longer processing times for honest applicants.

 

[kourts]

Still, if the marriage fails because of the sponsor's actions, not the PR's actions, then there should be a mechanism to protect an innocent PR

I'm just curious as to why if a relationship fails due to fault of the sponsor and not the PR, why the PR should get rights to stay there anyways? Wasn't the whole point and sole purpose of being allowed to immigrate to Canada to be with your spouse? If the relationship is over, why would you even want to stay unless you had other motives to begin with.

 

[medellinguy]

I'm just curious as to why if a relationship fails due to fault of the sponsor and not the PR, why the PR should get rights to stay there anyways? Wasn't the whole point and sole purpose of being allowed to immigrate to Canada to be with your spouse? If the relationship is over, why would you even want to stay unless you had other motives to begin with.

maybe because he started something (school, work) and wants to complete...what if someone is doing a masters degree and can't complete it because the sponsor goes off the marriage?

 

[valy79]

I'm just curious as to why if a relationship fails due to fault of the sponsor and not the PR, why the PR should get rights to stay there anyways? Wasn't the whole point and sole purpose of being allowed to immigrate to Canada to be with your spouse? If the relationship is over, why would you even want to stay unless you had other motives to begin with.

Like medellinguy said (and like me and others have mentioned several times in this discussion). I think your conclusion is not right. Again, things are not always straightforward. People come to a specific country out of a million of reasons. I have come to Canada to gain some work-experience for my career, then met my partner, now filing for PR because I have a reason to stay. So what's my motive now? :
If it wasn't for him I might have filed for an Experience Class/Skilled Worker PR, but I can't tell what if....

 

[kelKel]

maybe because he started something (school, work) and wants to complete...what if someone is doing a masters degree and can't complete it because the sponsor goes off the marriage?

I agree with this. My bf was here for over 2 years by time we applied. He has a large network of friends and business contacts. If we were in this situation and the relationship failed he would most likely like to stay not go back home. Although he comes from a good country and misses his family regardless of being with me he's started to build a life.

 

[bonbon9]

Then maybe they should be able to apply easily for a Canadian Experience Class/Skilled Worker or something.. I see it fair, if your purpose to be in Canada stops being your partner/spouse, you no longer qualify to keep a PR under "Family Class".

 

[tita]

for me they have all life to test our relationship, we did a commitment for life, pour tout la vie

 

[kelKel]

Then maybe they should be able to apply easily for a Canadian Experience Class/Skilled Worker or something.. I see it fair, if your purpose to be in Canada stops being your partner/spouse, you no longer qualify to keep a PR under "Family Class".

I agree. Its just that by this time the person may have already been working full time in Canadafor the 2 years or more then it would become a logistical nightmare...

 

[cndcit]

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.

What does this mean,either live together for two years or be married for two years. So if unable to live together for two years then you have to be married for two years before your spouse is able to be sponsored?

 

[Iamrobot85]

My fear is who decides whether a relationship is "genuine" or not?? Every relationship is different and works on it's own parameters.

 

[valy79]

Then maybe they should be able to apply easily for a Canadian Experience Class/Skilled Worker or something.. I see it fair, if your purpose to be in Canada stops being your partner/spouse, you no longer qualify to keep a PR under "Family Class".

Yeah well, that's a little too late for us now unfortunately. I seriously did consider that, but was then told that Family Class is faster/more straightforward (no need for the stupid IELTS, they can't turn you down without reason etc). If I had known that this might happen to our application I actually would have applied under Experience Class.
What I do know is that I would never go through this whole process again. If this isn't working out I'll tell my partner he's gotta try to immigrate to Europe ;D

 

[Baloo]

What does this mean,either live together for two years or be married for two years. So if unable to live together for two years then you have to be married for two years before your spouse is able to be sponsored?

IMO the two years would start at the time of landing - start date of the PR card.

 

[rjessome]

What does this mean,either live together for two years or be married for two years. So if unable to live together for two years then you have to be married for two years before your spouse is able to be sponsored?

No, it doesn't mean that you have to be married for two years before you could sponsor your spouse. It means that if you've been married for LESS than two years and you apply to sponsor your spouse, if a PR visa is issued it will have conditions attached. As Baloo said, the conditions will be in place for two years from the date of landing as a PR in Canada.

 

[rjessome]

Yeah well, that's a little too late for us now unfortunately. I seriously did consider that, but was then told that Family Class is faster/more straightforward (no need for the stupid IELTS, they can't turn you down without reason etc). If I had known that this might happen to our application I actually would have applied under Experience Class.
What I do know is that I would never go through this whole process again. If this isn't working out I'll tell my partner he's gotta try to immigrate to Europe ;D

Whoever told you that Family Class was more straight forward was crazy. It's the LEAST straight forward (other than refugee or H&C) because it's subjective. The economic classes are not, with more clearly defined rules and procedures in the legislation, more of a pass/fail system. FC can be faster at times but not always.

Hindsight is 20/20, eh? Hopefully it will all be fine for you. If your interview has been waived, likely just waiting for them to cross the t's and dot the i's. The conditional visa legislation is NOT in effect YET so there's a chance it won't be applicable to you.