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Permanent residency spouse sponsorship delays leave new dad unable to support fa

ellybec

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The CBC has covered the story of an inland applicant from New Zealand who is struggling to get by while waiting for PR approval. What a terrible situation. I feel for anyone else who might be in a similar situation.

http://www.cbc.ca/news/canada/permanent-residency-spouse-sponsorship-delays-leave-new-dad-unable-to-support-family-1.2872148



A New Zealand man who has applied for permanent residency is struggling to keep his Ontario family together due to lengthy processing times at Citizenship and Immigration Canada.

Blair Hacche, who has been in Canada since February 2013, lives with Canadian fiancée Jenn Ward in Dorchester, where they are raising 13-month-old son, Dexter and six-year-old Ewan, Ward's son from a previous relationship.

Hacche applied for residency this July, but he's now facing a wait of more than a year before his application is initially approved, leaving him unable to work and support his young family in the meantime.

"[It's] definitely been a struggle financially to keep the mortgage paid and keep up with all the bills. That's definitely the biggest strain," Hacche told Go Public.

Hacche, a university-educated computer programmer, applied for residency under the spouse sponsorship program, which goes through two stages of processing.

The average processing time for the first stage, an initial assessment of the couple, stood at 16 months at the time of writing. The second, a series of medical and background checks, adds an extra eight months.

Applicants are not eligible for a temporary work permit to cover the first stage of the process. Hacche applied for a temporary work permit but was rejected and cannot find an employer to sponsor another application.

Hacche says the family is now buried in debt. They've had to borrow money just to purchase the basics, including diapers, formula and food.

"It's very tough, very taxing, stressful beyond anything I could have imagined," Ward said. "We're just going through a lot right now."

Since Hacche can't get a job, Ward has had to cut her maternity leave short and head back to work. But with two children, a single income isn't enough.

"Because we now have Dex together here and Jen has her son Ewan from a previous marriage, it means we have to stay in Canada," he said.

CIC suggests applying outside Canada

CIC told Hacche in an email that if he wants to speed things up, he should leave the country and apply from the outside.

The average wait times for spouse applications from outside Canada are two months for approval of the sponsor, plus another period for approval of the applicant, which varies by country. In the case of New Zealand, it adds 11 months.

Hacche said applying outside Canada would mean leaving his fiancée and her son and taking baby Dexter with him to New Zealand.

He said he would have no choice but to take the toddler as it would be too hard for Ward to work and take care of both children on her own. And in the end, he said, the process would only be slightly faster.

"It would be devastating, even though I understand it would be temporary," he said.

"To have potentially half my family ripped apart even for six months or a year I can't even think of that happening. It doesn't seem like that should be an option."

Hacche said he sent a letter pleading his case to Prime Minister Stephen Harper and was told the PMO forwarded it to Minister of Immigration Chris Alexander.

Hacche said he has never received a response.

Go Public also contacted Alexander, but had not heard back yet.

10,000 spouse applicants left in limbo

Klaudios Mustaskas, who worked at the CIC for 37 years, first as a visa officer then as a manager, knows the immigration system inside and out.

Now an immigration adviser for Ontario law firm Pace, Mustaskas said Hacche's story is a common one.

Mustakas estimates there are more than 10,000 spouses of Canadians waiting to become permanent residents from within Canada, while struggling keeping their families intact.

While their applications are in limbo, these inland applicants cannot work or get provincial health coverage, and if they leave the country for any reason, they risk being turned away at the border on their return.

"The family has to exhaust all of their savings because they have to wait 15 months [average wait at time of interview] before the breadwinner is allowed to work. If — God forbid — they have to go on welfare, the sponsorship is null and void because you cannot sponsor someone who is on welfare," he told Go Public.
"The other issue is the health benefits. So if the spouse has to wait 15 months before they are entitled to receive OHIP [Ontario Health Insurance], that's a significant drain on the family's financial situation."

'CIC should issue work authorization'

Mustakas said the solution is simple. He suggests that once the CIC determines the marriage or common-law relationship with a Canadian partner is legitimate, it allows inland applicants to work while waiting for the application to be assessed.

"CIC should issue them a temporary work authorization until they make the final decision. What's the harm in allowing somebody to work who's married to a Canadian or a Canadian permanent resident?" he said.

The CIC already does that for other groups.

Spouses of foreign students can apply for a work authorization as soon as they arrive in Canada, and are also covered by provincial health insurance. Refugee claimants are also eligible to work once they make their claim.

Mustakas said immigrant spouses like Hacche should have the same rights.

As for the delays, Mastakas said wait times are almost three times longer than just a few years ago and there is no obvious reason why.

"Nobody knows. CIC has closed all of their access to the public. So you really don't know why they are taking so long," he said.

"If the excuse is, 'We want to investigate to make sure it's a bona fide relationship,' the reality is they don't do investigations. CIC isn't mandated to do any outside investigations, so I really don't understand why it takes so long."

CIC says backlog reduced by nearly 50%

Go Public asked the CIC about the delays.

The department said two years ago, it launched what it calls the Action Plan for Faster Family Reunification, with a goal of reducing the backlog of applicants.

CIC spokesperson Sonia Lesage said that program has been successful, reducing the backlog by nearly 50 per cent.

"The Government of Canada is committed to improving processing times and reducing backlogs, and has taken action to do so. We are improving the way we process applications so that it’s faster and more efficient," she said.

Mastakas and Hacche disagree, pointing to the thousands of people who are still waiting for a more than a year just to able to work and get health care.

"I would just like to work … I wouldn't really worry about how long I had to wait for residence if I was allow to work while waiting. So really, my only goal is just to get back to work, to support my family," Hacche said.

Hacche and Ward's relationship was a long time in the making. The couple met online 12 years ago, but it wasn't until February 2013 that Hacche came to Canada to meet Ward in person.

They've been together ever since, but the couple fears this situation could be the one thing that may separate them and their young family.

"We're just grasping at straws right now," Ward said. "We're just going to try to do whatever we can to get everything over with.

"We just want to get on with our life together as a family, so he is going back to New Zealand if it helps speed the process up. We don't really know what to do."

http://www.cbc.ca/news/canada/permanent-residency-spouse-sponsorship-delays-leave-new-dad-unable-to-support-family-1.2872148
 

kiwi123

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ellybec said:
The CBC has covered the story of an inland applicant from New Zealand who is struggling to get by while waiting for PR approval. What a terrible situation. I feel for anyone else who might be in a similar situation.



http://www.cbc.ca/news/canada/permanent-residency-spouse-sponsorship-delays-leave-new-dad-unable-to-support-family-1.2872148
That article is frustrating to read. So misinformed. And even if it wasn't, people need to take a little more responsibly for their decisions. The process hasn't changed since they got pregnant with another child(although inland is a little longer), but they could have helped themselves by applying earlier(1 year after he got to Canada) or got married and applied even earlier. If they applied Outland in March would have been working for a few months already.
 

screech339

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The article mentioned that at time of applying inland, its 16 months for 1st stage and another 8 months for second stage. I can understand the plight the father is going through but I cannot accept that he is should be able to work now when he knew it would be 16 months before he can legally work. It appears to me that he wants to have his cake and eat it too. He doesn't want to accept accountability to his decision to apply inland. He could have easily applied outland and landed by now, if not, very close to landing as PR by the time the article is published.

As mentioned above, the article is poorly written without telling full story. The point of the article should be about the plight of the father having to wait up to 16 months to legally work, not make it the government's fault for the father's decision to apply inland.

Besides, come Jan 15, 2015, there is speculation that inland applicants may be able to apply for OWP after AOR.
 

rhcohen2014

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screech339 said:
Besides, come Jan 15, 2015, there is speculation that inland applicants may be able to apply for OWP after AOR.
yeah, well it will be interesting to see how and if this speculation plays out. first, they are going to have to clear the 16 months of backlog OWP apps. then they will need to process the incoming apps. i'm curious if it will be done simultaneously (so new apps and old apps get approved at the same time) or if they will clear the backlog first before entertaining new apps. i mean what a nightmare if they start processing new apps and ignore the backlog of waiting inlanders.

until people actually start getting their OWP approved in a reasonable amount of time, then i don't believe it's going to change anything that drastically. is it really realistic to think they can clear that backlog so quickly AND process new applications in a reasonable amount of time? i don't know. no one knows. for all we know, they could have already approved everyone, and they are just waiting for a magical date to release them!
 

Ponga

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screech339 said:
The article mentioned that at time of applying inland, its 16 months for 1st stage and another 8 months for second stage. I can understand the plight the father is going through but I cannot accept that he is should be able to work now when he knew it would be 16 months before he can legally work. It appears to me that he wants to have his cake and eat it too. He doesn't want to accept accountability to his decision to apply inland. He could have easily applied outland and landed by now, if not, very close to landing as PR by the time the article is published.

As mentioned above, the article is poorly written without telling full story. The point of the article should be about the plight of the father having to wait up to 16 months to legally work, not make it the government's fault for the father's decision to apply inland.

Besides, come Jan 15, 2015, there is speculation that inland applicants may be able to apply for OWP after AOR.

From the article: The average processing time for the first stage, an initial assessment of the couple, stood at 16 months at the time of writing

He APPLIED last July, when the processing time for AIP was a helluva lot less than 16 months. For those that don't know, processing times for AIP were reduced to ~ 8 months in the first part of 2014, but that didn't last long as they started slowing down again around mid-year. Why would the person in the story NOT be upset to see these times become as ridiculous as they are now...without ANY communication to the public as to WHY they have become so bad?

Sorry, but I respectfully disagree that he "wants to have his cake and eat it too".
 

rhcohen2014

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Ponga said:
From the article: The average processing time for the first stage, an initial assessment of the couple, stood at 16 months at the time of writing

He APPLIED last July, when the processing time for AIP was a helluva lot less than 16 months.
from what i understand, he applied July 2014, which was this past july. inland first stage was certainly longer than 8 months this past summer (perhaps it was between 12 and 15 months?) if he applied in July 2013, then presumably he'd have AIP already, since they are processing August applications and i believe most july 2013 applicants have gotten through stage 1.
 

chakrab

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i think the report should also mention the lady as a common-law partner and not his fiancee. that gives false ideas to people who may not know the process.
 

Rob_TO

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ellybec said:
CIC told Hacche in an email that if he wants to speed things up, he should leave the country and apply from the outside.

The average wait times for spouse applications from outside Canada are two months for approval of the sponsor, plus another period for approval of the applicant, which varies by country. In the case of New Zealand, it adds 11 months.

Hacche said applying outside Canada would mean leaving his fiancée and her son and taking baby Dexter with him to New Zealand.
Tough story, but in the end it was completely avoidable and comes down to not doing your homework. Of course there's no need to leave Canada with an outland app, he could have stayed in Canada and processing would have been super quick through Sydney office. Wish the person writing the article would have got these major facts straight.
 

chakrab

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Rob_TO said:
Tough story, but in the end it was completely avoidable and comes down to not doing your homework. Of course there's no need to leave Canada with an outland app, he could have stayed in Canada and processing would have been super quick through Sydney office. Wish the person writing the article would have got these major facts straight.
i have seen that before. somehow while writing on the immigration topic, the reporters seem to choose the "wrong" or controversial cases. ones which backfires on the plights of the sensible helpless applicants. the story about the medical insurance from BC or Alberta was the same. they chose a province where applicants can get insurance upon AOR or application filed.
 

Ponga

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rhcohen2014 said:
from what i understand, he applied July 2014, which was this past july. inland first stage was certainly longer than 8 months this past summer (perhaps it was between 12 and 15 months?) if he applied in July 2013, then presumably he'd have AIP already, since they are processing August applications and i believe most july 2013 applicants have gotten through stage 1.
Right...last July, meaning July 2014. ;D

If memory serves me correctly, AIP stage in July was certainly below 12 months. Granted, he wouldn't have had AIP by now anyway, so the point is moot, but you can't blame the guy for being upset about how times have `changed' since he applied.
 

Ponga

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Rob_TO said:
Tough story, but in the end it was completely avoidable and comes down to not doing your homework. Of course there's no need to leave Canada with an outland app, he could have stayed in Canada and processing would have been super quick through Sydney office. Wish the person writing the article would have got these major facts straight.
But...it was CIC that got it wrong:

"CIC told Hacche in an email that if he wants to speed things up, he should leave the country and apply from the outside."
 

brucem

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Ponga said:
But...it was CIC that got it wrong:

"CIC told Hacche in an email that if he wants to speed things up, he should leave the country and apply from the outside."
True, they dont help themselves sometimes CIC, I often wonder what the management structure is like in CIC as the whole process is so fragmented nobody seems to have a full overview on anything, which leads to rumour, speculation and misinformation for many applicants.
 

Ponga

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Me again. ;D

This story is full of wrong information!

The former CIC manager, was suggesting something that is already part of the process:

'CIC should issue work authorization'

Mustakas said the solution is simple. He suggests that once the CIC determines the marriage or common-law relationship with a Canadian partner is legitimate, it allows inland applicants to work while waiting for the application to be assessed.


Doesn't he even know (or remember) that the assessment of the applicant's relationship to his/her sponsor is the second part of stage 1 approval?!?!?!

Once the relationship has been verified, the applicant IS supposed to be eligible for OWP. How on earth is that a solution...when it's already how CIC works?

Geez!!!
 

rhcohen2014

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Ponga said:
But...it was CIC that got it wrong:

"CIC told Hacche in an email that if he wants to speed things up, he should leave the country and apply from the outside."
for all we know, the reporter called the call center and that's who the information is from. i don't give this story any credit, really. it's full of misinformation and just really bad journalism.

i also wonder how convenient the timing of this article is IF in fact CIC does intend to change process on January 15. couldn't this end up being a big political win for the current party? "oh look at us, we heard your cries and made a change quickly!" is cbc known for favoring this party? i honestly don't have much knowledge of canadian politics, so i have no idea if it's suspicious or not.