Mr. Speaker, the motion does not talk about approval of the application in principle. It simply says that by filing the application, there would be an automatic stay in deportation and a temporary work permit would be issued. It seems to me that if we took this to its logical conclusion, it would certainly allow for potential abuse. I am not talking about legitimate cases and those that are approved in principle because that already happens. This is taking it to an illogical conclusion.
I would like to take this opportunity to speak to the motion proposed by the hon. member for Trinity—Spadina. We oppose the motion.
The Standing Committee on Citizenship and Immigration voted on the motion that would entitle any applicant to an automatic stay of removal and a work permit until a decision was rendered on his or her in Canada spousal or common law sponsorship application. Allowing automatic stays of removal together with automatic access to work permits could seriously undermine the integrity of Canada's immigration program.
We have established a fair and adequate process in this country which ensures people are protected, but it also allows them to go through various processes that can take years before a decision is rendered. One could take advantage of that in a situation like this. It would almost certainly lead to an increase in applications in the spouse or common law partner in Canada class from individuals whose relationships might not be legitimate and who were seeking to enter Canada by any means. We are not talking about the obvious ones. Applications based on compassionate reasons should go forward, as should those approved in principle. We are talking about the potential misuse that might exist for others.
As members of the House are aware, all immigration applications are carefully examined to ensure that they are bona fide. For spouse or common law applications in Canada, steps are taken to ensure that the relationship which forms the basis of the application is bona fide in order to protect the integrity of the immigration program.
The Government of Canada is responsible for meeting this country's economic needs while fostering family reunification and offering protection to refugees. Those are the three pillars of our Immigration and Refugee Protection Act.
Family reunification is a key element of the act. Keeping families together helps people integrate into Canadian society and contributes to their success. We believe our current policies reflect this goal.
Under the provisions of the Immigration and Refugee Protection Act, measures are in place which allow individuals already living in Canada to apply for permanent residence from within Canada. There are two types of cases involved: those who are in status and those who are out of status.
Spouses and common law partners 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 Canada. That is the way our system ought to work. It ought to have a balance in the process. While their applications are being processed, spouses and common law partners can apply to maintain their temporary resident status.
In addition, once applicants are confirmed as having met the eligibility requirements as spouses or common law partners in the in Canada class, they can remain in Canada and apply for open work permits while the necessary security and medical background checks are done to obtain final approval.
We have a system in place that is working. We have a system in place that allows for open work permits to happen, but there are also security issues that need to be taken into account.
This initial eligibility assessment, also known as the approval in principle, plays an important role in preserving the integrity of Canada's immigration program. It ensures that CIC has determined that an applicant's relationship is genuine before he or she is eligible to apply for a work permit. It only makes sense. It would not make sense to simply file an application just because one says he or she is a spouse. It makes it open to abuse.
I would like to stress that while the majority of spousal applicants are bona fide and are in bona fide relationships, some do abuse our programs. That is why we must take that reality into consideration.
To help prevent this abuse, citizenship and immigration officers check an applicant's background. They perform personal interviews and examine evidence to ensure that the relationship is genuine. Our current policy of restricting access to open work permits until after approval in principle is obtained prevents applicants from using the spouse or common law partner in Canada class as an avenue to circumvent legitimate immigration processes.
These are 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 family members 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 also allow these individuals, including failed refugee claimants, to apply and be processed in the in Canada class.
This public policy was implemented to facilitate family reunification in cases where spouses and common law partners were already living together in Canada, but who may have certain inadmissibilities resulting in a lack of status. This certainly has gone a long way to addressing many of the concerns that have been raised. It is not an opportunity or an availability to address every concern, because in that event, the illegitimate ones, or those that would use the system improperly, would be allowed as well.
The inadmissibilities I refer to include, for example, having overstayed one's temporary status, working or studying without being authorized to do so, or entering Canada without a valid passport, the required visa or other documentation, and would apply to failed refugee claimants.
The ability to submit an application in these cases, and these cases are exempt, allows individuals to remain in Canada for a limited period of time, 60 days, should removal action be initiated. This period facilitates the processing of their application to the approval in principle stage. As with 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 to this initial 60 day deferral of removal, once an applicant has obtained approval in principle, a stay of removal is granted until a final decision is made on the application. The system has built into it a policy that is equitable, compassionate and takes into consideration many of the issues that have been raised as problematic.
For individual cases where determination of eligibility is complex and may take longer than 60 days, Citizenship and Immigration Canada and the Canada Border Services Agency consult with one another and reach a decision on how to proceed. This is yet another step in the process.
The current policy is considerably generous and flexible in facilitating family reunification applications and processing from within Canada. In most cases it allows people to stay while their application is in process. Once the bona fides of their application have been established, they are allowed to apply for an open work permit.
The government is diligent in ensuring that these applications are processed in a timely fashion, without undermining Canada's commitment to family reunification. That principle remains intact. That principle continues to be an abiding one that is taken into consideration along with the others that form part of the act.
Moreover, the existing measures minimize the potential for abuse. They strike the appropriate balance between our family reunification goals and the need to maintain the integrity of the immigration program.
Based on the reasons I have outlined, I would encourage my colleagues in the House to vote against the motion before them. It is very easy to bring a motion that would be all encompassing, all inclusive and to say it does apply to some existing extenuating circumstances. What the motion fails to consider is what might happen if an automatic stay and an open work permit were given every time an application was filed without any analysis of the claim or without any analysis of the bona fides of the relationship and without looking at any material. That would be inappropriate. It would not be the type of due diligence Canadians would expect from their government.
They would at least want to ensure a certain threshold was met before any of those actions were taken. As I stated in my speech, when we look at all of the provisions that are already in place, we would have to come to the conclusion that equity, fairness and compassion are parts of the system which not only allow out of status people to remain here, not only provide for a time period to go through the processes to get to the approval in principle, but also allow for discussion to take place between two departments that are involved in the process to ensure that in those cases that require some compassion and equity, discretion will be exercised appropriately.
When we compare what is in place to what some of the needs are, a fair balance has been struck between what is necessary to meet the need and what is necessary to protect the integrity of the system. Canadians would expect that much. A balance is not always easy to draw, but we know that it needs to be a balance. To simply say we can file documents and expect consequences to happen without regard to what is in the documents would not be appropriate. It would not be exercising one's due diligence and would be abdicating in an area where Canadians would expect us to take some measure of work and take some measure of due diligence to ensure that the basic threshold is met.
For that reason, we oppose the motion as stated.
