Citizenship and Immigration Committee on March 10th, 2008

[Olivia Chow, NDP, Trinity—Spadina, ON]

I'm sorry about that.

You said there was a 90% approval rate. Does that include the period after the Immigration and Refugee Board decision? I know that 55% of the rejected spousal applications get approved after their decisions are appealed.

[Rick Stewart]

No, that's a separate issue. My reference to 90% was to the people who apply under this class for spousal reunification; 90% of that rough figure of 17,000 are approved.

[Olivia Chow, NDP, Trinity—Spadina, ON]

After they appeal, or without the appeal?

[Rick Stewart]

There's no appeal involved in this application process.

[Olivia Chow, NDP, Trinity—Spadina, ON]

I see.

[The Chair, Conservative, Norman Doyle]

Good. Thank you.

Thank you, Mr. Carrier.

Ms. Grewal, for five minutes, please.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Thank you, Mr. Chair.

I would like to know whether there would be any unforeseen consequences if the government went along with this motion and allowed automatic stays of removal.

[An hon. member]

Good question.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Could you please tell me about that?

[Susan Kramer]

A risk you encounter from that is that there is nothing stopping someone from making continuous spousal applications to avoid removal.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

If any others would like to answer that question, please go ahead.

[Rick Stewart]

I have the same answer as Susan. The 60-day window provides an opportunity to make a determination on the validity of a relationship. So if the question is similar to the previous one on whether it would it make sense to put into effect a regulation, rather than using a public policy on a 60-day window, it is something we'd look at.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Also, how does the department determine serious criminality, and how much time does it take to make such a determination about the case?

[Rick Stewart]

Serious criminality is defined under the act. The application of the determination of serious criminality is a question for—

[Susan Kramer]

Normally a conviction certificate from a police department would be proof that someone is a criminal. Usually that's done through the RCMP, and if you have the same name as someone else, like Stewart for example, we may need to get fingerprints done and to do further checks to determine if we have the right person, so that we can come up with a determination. In some cases we might want to check foreign police jurisdictions or international police jurisdictions to come to that determination.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

I see. And how many spousal policy applicants have you removed from Canada pending a decision on their application? Would you tell me about that as well, please?

[Susan Kramer]

We don't have any specific statistics on that, because our systems do not allow for that type of breakdown, but before we were to remove anyone we would consult with CIC first.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

And why would CIC permit a removal when an application under the spousal policy is still under consideration?

[Rick Stewart]

I think, to go back to my earlier comments, if we have yet to make a final determination on approval in principle, we would consult with our colleagues at CBSA about whether to extend the period of time for us to make a final decision. So there's not an automaticity, that you have 60 days and the removal happens. There's a decision.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

How long does it currently take for an application under the spousal policy to be approved in principle?

[Rick Stewart]

Do you mean for people who are subject to a removal order or in general?

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

In general.

[Rick Stewart]

In general, my notes indicate that on average it takes five to six months to process applications to the approval in principle stage, including those cases that are applied for under the public policy.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

What avenues are available, if any, for an applicant to work or study in Canada during the waiting period and before the application under the spousal policy is approved in principle?

[Rick Stewart]

Do you mean for those individuals who are in status or out of status?