Mr. Speaker, I would like to take this opportunity to actually speak against the motion proposed by the hon. member for Trinity—Spadina.
The Standing Committee on Citizenship and Immigration has voted on a motion that would entitle any applicant to an automatic stay of removal and a work permit until a decision was rendered on their first in Canada spousal or common law sponsorship application.
We believe our current policies strike an appropriate balance between family reunification and maintaining program integrity. The hon. member's motion is unnecessary and potentially damaging.
Let me explain a bit about how our system works.
Family reunification is a key element of the Immigration and Refugee Protection Act. Keeping families together helps people integrate into Canadian society and contributes to their well-being and long-term success.
As members of the House are aware, all immigration applications are carefully examined to ensure they are bona fide. For spouse or common law partner applications in Canada, processes are in place to ensure that the relationship that forms the basis of the application is genuine and the application is legitimate.
According to the provisions of the Immigration and Refugee Protection Act, spouses and common law partners of Canadian citizens and permanent residents who are already living in Canada may apply for permanent residence from within our country. In these instances, there are two types of cases: those who are in status and those who are out of status.
Spouses and common law partners who are already in Canada and who are in status may apply for permanent residence in the spouse or common law partner in Canada class. In order to be eligible under this class, applicants must have a bona fide relationship, live with their sponsoring spouse or common law partner in Canada and have legal temporary status in our country.
While their applications are being processed, spouses and common law partners can apply to maintain their temporary resident status. Applicants at this point undergo an initial eligibility assessment, also known as approval in principle. Once applicants have received an approval in principle they can remain in Canada and apply for open work permits.
This initial eligibility assessment plays an important role in preserving the integrity of Canada's immigration program. It ensures that Citizenship and Immigration Canada has determined that an applicant's relationship is genuine before he or she is eligible to apply for a work permit.
These are the measures already in place for people who are in status to stay in Canada while their application is in process. However, Canada's immigration system is even more generous than that. We have measures in place for individuals who are out of status to stay here permanently as well.
For spouses and common law partners who are in Canada without legal immigration status, a public policy was introduced in 2005 to allow these individuals, including failed refugee claimants, to apply and be processed in the in Canada class.
This policy was implemented to facilitate family reunification in cases where spouses and common law partners are already living in our country with a Canadian citizen or a permanent resident but who may have certain inadmissibilities that resulted in a lack of status. These inadmissibilities include, for example, having overstayed their temporary status, working or studying without being authorized to do so, or entering Canada without a valid passport, the required visa or other documentation. Like those who are already in status, these applicants will be allowed to apply for a work permit once they have obtained approval in principle.
In addition, should removal action be initiated against an applicant prior to an approval in principle decision, removals may be deferred for 60 days. This period facilitates the processing of their application to the approval in principle stage. In the majority of cases, this is more than enough time to process the application.
In some cases, individuals may not be eligible for this deferral. This applies to those who are ineligible for serious reasons, such as criminality, security, and violation of human rights, those who have previously avoided removal or those who apply to the spouse or common law partner in Canada class after they have been advised that they are ready to be removed.
In addition to this initial 60 day deferral or removal, once an applicant has obtained approval in principle, a stay of removal is invoked until a final decision is made on the application.
The current policy that facilitates family reunification applications and processing from within Canada is generous and flexible. In most cases, it allows people to stay in Canada while their applications are in process and once the bona fides of their application have been established it allows them to apply for an open work permit.
As I have outlined, the measures we already have in place make the hon. member's motion simply redundant, but it is more than that. Allowing automatic stays of removal together with automatic access to work permits to individuals applying for permanent residence through the spouse or common-law partner in Canada class could seriously undermine the integrity of Canada's immigration program.
Ours is an ethnically diverse and welcoming society and our immigration program is an attractive one, albeit one that is already working to its capacity. This motion would almost certainly lead to an increase in applications from individuals whose relationships might not be legitimate and who are seeking to remain in Canada through fraudulent means. Not only that, but we would also see an increase in individuals who want to delay their removal from Canada.
The government is diligent in ensuring that bona fide applications are processed in a timely fashion and maintaining Canada's commitment to family reunification. Moreover, the existing measures minimize the potential for abuse, and that is a critical point. They strike the appropriate balance between our family reunification goals and the need to maintain the integrity of our immigration system and program.
Based on the reasons outlined, I urge my colleagues in the House to vote against the motion by the member for Trinity—Spadina.