Citizenship and Immigration Committee on Feb. 14th, 2012

[Les Linklater]

Late last spring, the department pre-published a notice of intent. It flagged our intention to move forward with regulatory proposals to put in place conditional permanent residence status for new spousal applicants. This was meant to ensure that those who are entering into relationships of convenience would be deterred from doing so. Conditional permanent residence status would mean that they could live and work in Canada if they were deemed after a certain period, say, two or three years, to be still in a legitimate relationship, with appropriate exemptions for cases of domestic violence.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Are we saying that this is a policy now? If you're from India and your wife comes down, she is expected to maintain that residency and stay married? Otherwise, after a short period of time, if she leaves and he calls Immigration, she could be deported.

[Les Linklater]

No, we would be looking to determine whether or not the relationship was legitimate, as we do now at the outset before a visa is issued. The idea would be, with conditional permanent residence, which is something Australia and—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

That's right, but once she lands....

[Les Linklater]

Yes.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Okay, so she's married. She's been processed. She lands in Canada. Can she be deported if she chooses not to live or reside with the individual she married?

[Les Linklater]

Theoretically, yes.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

And when did that take effect?

[Les Linklater]

We would be doing verifications after the period of temporary residence, and if it was found that the individuals were no longer in that relationship, we could conceivably take enforcement action.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

When did that take effect?

[Les Linklater]

It's not in effect yet. The government has flagged an intention to move in that direction. There will be a regulatory package that would lay out the specifics of how it would work.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

So after living with the gentleman for two months she's put into a compromised position. She had better stay in that relationship or she could get deported.

[Les Linklater]

No. We'll be looking at a policy framework that will provide exemptions in cases of domestic abuse.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Do you have that framework available so that we could actually see it?

[Les Linklater]

Beyond the notice of intent, we can provide that to the committee through the clerk.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

I'm very much interested in that file. I heard about the intent last year and I was quite surprised. I think you're potentially compromising a lot of people when you force them to stay in a relationship. This applies to many countries, not just one country, especially in the way in which relationships are entered into nowadays through the Internet. I'd flag that as a problem area.

Finally, visiting visas typically expire today. To what degree do we get deportations where a visiting visa has expired, where you're asked to go and locate that visiting visa and deport the person?

[Claudette Deschênes]

I don't know that we know that, but I would say it's probably very close to zero. That's not where the energies of the CBSA enforcement officers are being placed.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Typically, I tell people whose visas are close to expiring to go and apply for an extension. As long as they have their little receipt saying they've applied for an extension, they're okay. They can stay.

[Claudette Deschênes]

That's absolutely correct. We want them to apply for an extension, but they have—

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Okay. So then what happens—

[The Chair, Conservative, David Tilson]

No, no, that's it, I'm afraid, because I want to ask a question too.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Okay.

[The Chair, Conservative, David Tilson]

I've had a number of cases where someone's had a visa a number of years ago, they apply again, months later, years later, and they don't get one. Is that a security issue? Or is that too complicated a question to ask?

[Claudette Deschênes]

It's a complicated question to ask, because if someone has had a visa and has come to Canada and gone back and they still have a good job and own land and so on, they would normally get a visa.

[The Chair, Conservative, David Tilson]

I've just had a number where they haven't—