Mr. Speaker, I am pleased to rise to speak to the motion of the hon. member for Trinity—Spadina.
The motion we are debating today has two parts: allowing applicants who have filed their first in Canada spousal or common-law sponsorship application temporary work permits and entitling them to an automatic stay of removal until a decision is rendered on their applications. I do not support the motion. It is unnecessary and potentially harmful to our immigration system.
With regard to the first point, work permits are already issued to those who have been determined to be in a bona fide relationship. Regarding the second part of the motion, we already provide a 60-day deferral of removal for many applicants who do not have status in Canada if removal action is initiated. This is an adequate amount of time in the majority of cases to determine whether the application will be accepted. In addition, a regulatory stay of removal is granted automatically once the applicant has been determined to be in a bona fide relationship meeting eligibility requirements.
What I would like to discuss are the dangers inherent in adopting the motion. While the government is fully committed to family reunification, it is imperative that we guard the integrity of Canada's immigration program.
Allowing automatic stays of removal and automatic access to work permits will lead to an increase in applications from people wanting to remain in Canada by any means, legal or otherwise. Our immigration system is already generous and fair. The proposed automatic stay and automatic open work permits are two significant elements that will make it even more attractive to those who want to circumvent the process. An already busy system may overload, leading to delays and a greater possibility of abuse.
There is presently a rigorous process in place to verify the legitimacy of each application. Under this process, each claim is examined carefully to ensure that relationships are bona fide. When immigrants apply to remain in Canada as part of the spouse or common-law partner in Canada class, immigration officials may check an applicant's background, may perform in-person interviews and examine other evidence in order to assess the relationship. Applicants who are assessed to be living in Canada in a legitimate relationship with an approved sponsor receive a first stage approval, or approval in principle, pending the outcome of medical, criminal and security checks.
Once this approval in principle is granted, applicants can then apply for open work permits and those with removal orders receive a regulatory stay of removal until a final decision is made on their application. However, I have already stated that our present system is generous and fair. It is also flexible. For spouses and common-law partners who are in Canada but do not have legal immigration status, there is a policy in place that allows these individuals to apply and be processed in the in Canada class.
The generous provisions of our immigration program make it a very attractive one and therefore, I might add, extremely busy. Immigration officers are trained to be vigilant in watching for inconsistencies that may indicate a relationship is not bona fide, thus ensuring that only genuine applicants are granted approval in principle. However, even with the due diligence exercised by Citizenship and Immigration officials, so-called relationships of convenience are already a concern. There is a very real possibility that instances of fraudulent claims such as these will increase if this motion is adopted.
The policy that is currently in place facilitates the reunification of families and guards against abuse. It protects the integrity of our current immigration program. The hon. member's motion, on the other hand, calls for actions that are not only unnecessary, but would open the system to fraud and misuse. I urge my colleagues in the House to vote against this motion.
