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Canada changes Spousal Class PR rules


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#1 Martin D

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Posted 26 October 2012 - 12:55 PM

This was just announced. Personally, I think this is a long over due thing, which might make it easier for people to bring their spouse over. My thought is, there is less risk put on the Canadian Government now, since a failed marriage will result in the foreign spouse heading back to their home country. Anyone else have thoughts?

http://www.ctvnews.c...yweds-1.1011651

#2 MrkGrismer

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Posted 26 October 2012 - 02:46 PM

This was just announced. Personally, I think this is a long over due thing, which might make it easier for people to bring their spouse over. My thought is, there is less risk put on the Canadian Government now, since a failed marriage will result in the foreign spouse heading back to their home country. Anyone else have thoughts?

http://www.ctvnews.c...yweds-1.1011651


On the surface it appears to bear a striking resemblance to the U.S. conditional resident law. However, the U.S. allows for an "Entered the marriage in Good Faith but things didn't really work out" exception that is not mentioned here. I wonder if the law contains one or not.

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http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#3 1PPCLI

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Posted 26 October 2012 - 03:31 PM

On the surface it appears to bear a striking resemblance to the U.S. conditional resident law. However, the U.S. allows for an "Entered the marriage in Good Faith but things didn't really work out" exception that is not mentioned here. I wonder if the law contains one or not.


Mark

The article states conitional status will be waived in cases if neglect, abuse or death, so I woud suggest it is similar to US. I also think they have followed the US, in how the couple will prove the marriage is real, by having the two year living together. Guess getting joint statements, rental agreements,etc will be needed.

BTW it is a regulation not a law, so it doesn't require Parliamentary approval, just an order.

#4 MrkGrismer

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Posted 26 October 2012 - 03:37 PM

Mark

The article states conitional status will be waived in cases if neglect, abuse or death, so I woud suggest it is similar to US. I also think they have followed the US, in how the couple will prove the marriage is real, by having the two year living together. Guess getting joint statements, rental agreements,etc will be needed.

BTW it is a regulation not a law, so it doesn't require Parliamentary approval, just an order.


I don't think they could do such a thing in the U.S. as just a regulation, things that drastic require a law.

The U.S. law has the neglect, abuse or death also, but a conditional resident can still get the conditions removed after a divorce just by showing that he/she entered the marriage 'in good faith'. The only 'sticky wicket' right now is having to remove conditions while a divorce is underway, which has led to some procedural memo issues and such but the way it is dealt with is far from elegant.

If you believe Modern Sporting Rifles have a legitimate use, please like, share and participate on: https://www.facebook...tamateSportsmen

http://www.uscis.gov...0004718190aRCRD
 

Medical Exams – A caller explained that the civil surgeon who completed the medical exam used the wrong form and then wanted to charge an indigent refugee to reprocess the paperwork on the correct form. What recourse does an applicant have if this occurs?

USCIS Response: Customers should notify the Director of their local office when they have a complaint about a civil surgeon.


#5 Martin D

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Posted 26 October 2012 - 04:30 PM

BTW it is a regulation not a law, so it doesn't require Parliamentary approval, just an order.


Would this not open the door to fights in the Supreme Court, if its not an act of Parliament?

#6 1PPCLI

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Posted 26 October 2012 - 06:01 PM

No, as in most acts of Parliament, the devil is in the details, i.e. regulations which are prescribed by the Minister. Case in point would be the recent distracted driving law in Alberta. The actual law is vague in some definations, such as who is exempt from it. The regulations stipulate who is.

Here is an example from the Firearms Act, S. 117
Regulations - The Governor in Council may make regulations - followed by a list of ems, such as regulating the issuance of licenses, registratio certificates and authorizations, including regulations respecting the purposes for which they may be issued under provisionlf this Act and prescribing the circumstances in which persons are or are noteligible to hold licenses,

This is followed by 30 odd further sub parts, but I am using this as an illustration purposes. (This was where my copy of Tremeear's Criminal Code opened to)

So the new regulations would of fallen under a similar section.




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