Showing posts with label documentary. Show all posts
Showing posts with label documentary. Show all posts

2015/11/30

Klaudios Mustakas on the Pilot program granting Work Permits to spouses of Canadians



Immigration expert and former CIC director Klaudios Mustakas comments on the pilot program launched by Citizenship and Immigration Canada to grant Open Work Permits to spouses of Canadians awaiting Permanent Residency in Canada under the Spousal spohsorship program.

The program started in December 22, 2014, and is deemed to end this December 22, 2015.

The program excludes spouses out of status in Canada, who are admissible for spousal sponsorship but excluded from the pilot program. 1 out of 5 Canadian families are excluded, meaning over 3,200 families have to struggle with a single income for over 17 months, the time it takes to get first stage approval of their applications.

No ministerial instruction has been issued up to this date to ensure the continuity of this program, which means work permits will stop being issued at that date.

The Canadian Bar Association recommended, in a letter sent to CIC last year, to extend this program to all spouses regardless of their status in Canada, and to make it a permanent policy.

Petition to extend the pilot program


The Canada Spousal Sponsorship Petitioners launched this Monday an email campaign aimed at the Minister of Immigration, Refugees and Citizenship, John McCallum, Prime Minister Justin Trudeau and Members of Parliament of the ridings where applicants and their Canadian spouses live to ask for the extension of the pilot program, which without a ministerial instruction would end on December 22.

They also requested that the pilot program includes all sponsored spouses, regardless of their status in Canada.

The petition was also extended to the Canadian Bar Association due to the suggestions they made this year regarding the pilot program. The group is requesting the CBA to back their petition.

--

Follow our progress on our social media channels:

Facebook
Twitter
Newsletter
YouTube

Join the discussion on Twitter with the hashtag #CICBacklog

SHARE if you think this should change!

2015/08/05

Chris Alexander vs. Facts: Is the Canadian immigration system the fastest in the world?

Minister of Immigration and incumbent conservative candidate for parliament in the Ajax-Pickering circunscription, Chris Alexander, was recorded saying during a fundraising event that the Canadian immigration system is probably one of the fastest in the world.

This was in response to the inquiries of a Canadian who is currently sponsoring her spouse to become a Permanent Resident and is facing the delays of 26 months in the process. These delays are unique to Canada, since most developed countries process this kind of application in 6 months or less.

Check out more about these words from Chris Alexander and the current facts in this video:


--

Follow our progress on Twitter and Facebook
Sign up to our newsletter
--

Might also interest you: 
Is Family Reunification subsidizing Temporary Foreign Worker applications?
The truth about marriage fraud in family sponsorship applications
Inland Spousal Sponsorship: One of the categories that fell further behind

2015/06/24

Is Family Reunification subsidizing Temporary Foreign Worker applications?

We have discussed in previous blog posts how the Spousal Sponsorship category has fallen behind in the last two years of management at Citizenship and Immigration Canada. Minister Chris Alexander claims that the reason for these delays is the increase in marriage fraud and the time and resources it takes to detect it.

However, CIC's 2014–2015 Report on Plans and Priorities (1) points to another direction: Spousal sponsorship applications are generating revenue, while Temporary foreign worker ones are actually causing losses.

Here are some facts shown by this report:

1. Sponsorship applications (and most PR applications) generate significant revenue


When taking the amount spent per year in processing applications to sponsor a spouse, common law partner or dependant children, the minimum and maximum goals of applications processed and the fees paid by the applicants, the results are actually profits.

In the 2014-15 year, CIC's budget for this stream (including inland and outland applicants) was $27.472.071. The goal was to process between 45,000 and 48,000 applications, which means an expense that goes between $572,33 and $610,49 per application (see the numbers).



But applicants are in fact charged with $1,100, according to the CIC website, which means an amount between $489,51 and $527,67 that is charged to these applicants but not invested in processing their applications.

From the 9 Permanent Residency streams shown in the report (except for refugee claimants), 8 streams presented the same situation: the amount of fees charged was considerably superior to the amount of resources invested in their applications.

The leftover category, Federal Skilled Workers, presents a deficit of over 30 million dollars which, according to CIC, responds to return of fees made to applicants whose applications were returned without being processed.

In 2012, CIC returned 300,000 Federal Skilled Worker applications (2) submitted prior to February of 2008 and still not processed in order to reduce backlogs. CIC said they would return the processing fees for all these applications, which costs the Government nearly 150 million dollars.

Where are all these fees going? Here's an idea...

2. Temporary foreign worker applications are heavily subsidized


The Report on Plans and Priorities specifies the amount assigned per year to each immigration stream and the minimum and maximum goals for processed applications that year.

For example, for TFWs, the amount assigned for the 2014-15 year is $23,488,233, and the processing goals are between 15,000 and 30,000 applications. This means that processing each application will cost between $782.94 and $1,565.88.



However, applicants requesting a TFW permit pay only $155, which only covers 10 to 20% of the real cost of processing their application. The remaining 80 to 90% of the cost for processing TFW applications goes from nearly 19 to 21 million dollars (tweet this), which are subsidized by CIC.

Of course, since refugee claimants don't pay fees, people might think profits from Family Reunification and other PR categories are going to fund these applications, and this is in part true. However...

3.  Only half of the profits from other applications are invested in refugee claims


Total expenses for refugee applications and related services go between 44 and 45 million dollars in the 2014-15 period, according to the mentioned report. However, the profits made over 8 out of 9 permanent residency streams go between 80 and 92 million dollars.

While subsidies to the TFW program oscillate between 19 and 21 million dollars, this is not the only temporary stream to be subsidized. So is the International Student program.

Processing fees for International Students are currently $150. Student permits now allow students to work in Canada, inside or outside campus, without any extra requirements. The amount invested by CIC to process these applications and grant these permits goes between $782,94 and $1565,88, between 80 and 90% more of what's charged to applicants.

The deficit to process these applications in the 2014-15 period is around 10 million dollars.

Although we can't establish a link between the profits generated by Family Reunification and the losses for the Temporary Foreign Worker applications since CIC has consistently declined all our interview requests or follow up to our still unanswered questions.

Despite the lack of replies, there's a clear problem: family reunification has experienced an increase in processing times and a higher error rate, while fees have been increased, and half of the fees these families are paying are not being invested in their stream. This while they are told CIC has no resources to improve their stream.

In the meantime, applications for a Temporary Work Permit have considerably faster processing times, between 1 to 13 months depending on the visa office that processes it. Average processing times in the 50 Canadian visa offices abroad processing work permits is 3 months.

The impact of cutting existing resources from one stream and increasing them for other is clearly visible in terms of processing times. However, if Canadian families are in fact paying much more than what's invested in their application, they deserve to know why this is happening and where are their fees going.

And there are still more discouraging facts in this report...

4. Staff and resources decrease for all PR categories and increase for all temporary ones each year


This report shows the amount to be spent and staff assigned to process applications for each stream in the next three years. All permanent residency and refugee categories see a decrease in staff and budget for the next three years, while it's expected that the fees remain the same or, worst case scenario, increase. Application goals are kept the same, which means less money will be invested to process each application, while the same or more fees will be charged to applicants, generating more profits.

The only two categories that see an increase in both staff and budget, while the goals are also the same, are Temporary Foreign Workers and International Students, which means more money will be invested per application.

Conclusion


Family sponsorship is one of the few immigration categories that involves Canadian citizen and permanent residents. Canadians sponsoring their spouses to become permanent residents are charged $1,100 to process these applications.

They have seen processing times for their stream increase from 14 months in 2013 to 25 months in 2015.

They have been told it was due to marriage fraud investigations, but they (and we) learned through CIC's own eCas system that applications remain untouched for 15 months and are then processed in between 2 and 3 weeks. We also learned through expert Klaudios Mustakas that CIC is not mandated to further investigate into a marriage.

They have been told this delay is due to lack of resources, but now this report shows us that half of the fees they are paying to get their applications processed are not being invested in their stream (tweet this) and that, in the meantime, 80% of the costs associated with processing temporary foreign worker permits are being subsidized by CIC.

Now, CIC's new policy doesn't allow Spousal Sponsorship applicants to check the status of their files via call centre until 15 months have passed (tweet this), which means they can't check if documents they sent have been received or if there has been any problem with their file.

We have received reports of documents and entire applications going missing after submitted to CIC (tweet this). It has been documented in the press. The most recent audit made at CPC Vegreville, where Inland Spousal Sponsorship applications were processed until February, 2014, showed a 2/3 error rate (3).

Despite all these facts, Canadians are told they have to wait 25 months. They don't know why the long wait. They don't know why their fees are being invested somewhere else when there are obvious problems in their streams. They don't know why, despite CIC's high error rate and problems with their online monitoring system, they are not allowed to check the status of their applications on the phone.

Please help us find the answers and give this issue the awareness it deserves.

--

Follow our progress on Twitter and Facebook
Sign up to our newsletter

--

Sources:
1. Report on Plans and Priorities 2014-2015. Citizenship and Immigration Canada. Published: 2014. Retrieved: June 22, 2015.
2. 300,000 skilled worker applications are being eliminated. Canadian Immigrant. Published: March 29, 2012. Retrieved: June 23, 2015
3. ‘High error rate’ found in Canada’s immigration processing. The Toronto Star. Published: January 5, 2015. Retrieved: June 24, 2015

2015/06/05

Marriage fraud: CIC's justification for a two year delay


When the Minister of Immigration, Chris Alexander, was asked last May about delays in the Inland Spousal Sponsorship stream during a fundraising campaign of the Conservative Party, he justified the delay by talking about marriage fraud. He said investigation against marriage fraud was one of the big reasons to take more than two years to process applications of Canadians sponsoring their foreign spouses to become permanent residents.


The chief of staff of Citizenship and Immigration Canada, Chris Day, has also justified the long delays with the same allegation. What both of them have failed to mention is statistics on the percentage of Inland and Outland Spousal Sponsorship cases per year resulted into marriage fraud. More deeply, how many of the cases that were refused for alleged marriage fraud were also rejected in court appeals, and how many of these applicants were posteriorly prosecuted or deported

Applicants don't even know the exact process CIC uses to assess the legitimacy of their marriages, or how many of the 26 months it currently takes to process an application is actually used to ensure this. None of the promotional pieces CIC has produced to alert about marriage fraud includes statistics about this problem. These numbers can't be found on the CIC website either.

This touching CIC video does not include a single piece of statistics about the incidence of marriage fraud


In a recent article by The Toronto Star (6), Minister Chris Alexander's spokeperson, Kevin Menard, said in response to testimonials published by the journal that “anecdotal accounts are not necessarily more broadly representative or, unfortunately, even factual in some cases”. Unfortunately, the previous video, produced and promoted by CIC, only shows "anecdotal accounts" and not statistics about marriage fraud in Canada.

This is what we know so far, thanks to press, CIC workers and applicants themselves:


 1. Marriage fraud is not as frequent as CIC is selling it 


According to an article by CBC (1), between 2008 and 2010, the Canada Border Services Agency received around 200 leads regarding cases of marriage fraud, and only prosecuted 39 applicants.

Image courtesy: Canada Inland Spousal Sponsorship Petitioners


This article by the Toronto Star (2) goes deeper in cases from 2010: from the 46,300 spousal sponsorship applications, 7,400 (16%) were denied. 3,000 were appealed and 1,200 won the appeal in court. That gives a total of 6,200 applications (13%) that didn't go through.


2. CIC already has measures against marriage fraud that shouldn't impact processing times


Due to the findings previously quoted, CIC ammended the Immigration and Refugee Protection Regulations (3) starting October 25, 2012, to include a new rule: sponsored spouses who have been in a relationship of two years or less with their sponsors and have no children in common are subject to a conditional permanent residence status (4). They must cohabit in a legitimate relationship with their sponsor for two years from the moment they receive Permanent Resident status, or this could be revoked. 

Additionally, when a sponsor signs the mandatory form Application to Sponsor, Sponsorship Agreement and Undertaking (5), they agree to "provide financial support for spouse or common‑law partner’s basic requirements, and those of his or her dependent children" for three years after the sponsored spouse receives Permanent Residency. Also, if the sponsored spouse ever collected social security assistance during that period, the sponsor must refund it in full.

For those applicants trying to fool the system, penalties are not light: fines of up to $100,000, prison for up to five years and risk of deportation are just some of them. Also, an immigrant who was sponsored by their spouse can't sponsor another spouse for five years after obtaining permanent residency, which limits cases of fraud.


3. CIC does not invest 26 months investigating an application, as they claim


Immigration expert Klaudios Mustakas, who worked at Citizenship and Immigration Canada for 37 years, declared that CIC is not mandated to do further investigation on marriages other than reviewing proof of cohabitation already requested in the initial package. Further investigation into a marriage falls into the jurisdiction of the Canadian Border Services Agency (CBSA)

Additionally, according to CICs own eCas system, the online tool that allows (some) Canadian sponsors and foreigns spouses to monitor the progress of their online applications, their files remain untouched by CIC officers for more than a year, and are actually processed in two to three weeks.

When consulting eCas, applicants find records like this one:

This application remained untouched for 16 months

The applicants who shared this information received a decision about their application at the end of May, which means the real processing of their application, according to the information CIC provided to them, was two weeks. The rest of the 16 months was not used to research the legitimacy of their relationship, since they clearly say that they started processing their application in May 14, 2015.

We have received several screenshots like this one from other applicants, showing that their applications were not touched for nearly 16 months, then solved in two to three weeks.


4. The best solution against marriage fraud is quick processing of sponsorship applications


Imagine there is a fraudster among us. He or she managed to make a Canadian fall in love with them, or paid them to fake a marriage. With the current processing times of 26 months, this fraudster will remain in Canada, undetected, for at least 16 months, but more than two years could pass by without any authority noticing it.

If they run with enough luck, they might be among the 4 out of 5 applicants who do receive a work permit with the one-year pilot program CIC launched. They will be able to work in Canada for 16 to 26 months completely undetected, because CIC won't touch their file until then.

Image courtesy: Canada Inland Spousal Sponsorship Petitioners

If applications were processed in less than 6 months, as it happens in most developed countries, fraudsters wouldn't go undetected for so long. They would be prosecuted and/or deported in no time, and others wouldn't feel encouraged to try this path.

Image courtesy: Canada Inland Spousal Sponsorship Petitioners

While this fraudster is favored by the unprecedent delays in the Inland Spousal Sponsorship category, true couples are living a real nightmare.

For Canadians sponsoring their spouses, processing times of 26 months are an economic and emotional distress. We have already talked about this subject in a previous post, and will go deeper in our documentary.



Our research has shown that slow processing times in this category, instead of fighting marriage fraud, are working against genuine couples and in favor of fraudsters.

Is this what you want?

--

Follow our progress on Twitter and Facebook
Sign up to our newsletter

--

Sources:
1. Marriage fraud targeted by Canada Border Agency. CBC. Published: November 1, 2011. Retrieved: June 4, 2015
2. Marriage fraud: Canadian immigration officials tread thin line. The Toronto Star. Published: April 29, 2013. Retrieved: June 4, 2015
3. Backgrounder — Conditional Permanent Resident Status. Citizenship and Immigration Canada. Retrieved: June 4, 2015
4. Information for Sponsored Spouses or Partners. Citizenship and Immigration Canada. Retrieved: June 4, 2015
5. Application to Sponsor, Sponsorship Agreement and Undertaking. Citizenship and Immigration Canada. Retrieved: June 4, 2015
6. Has Canada's immigration system lost its heart? The Toronto Star. Published: May 31, 2015. Retrieved: June 5, 2015

2015/05/14

Interviews in progress

First of all, we want to thank you for your support during our crowdfunding campaign on Indiegogo, either contributing or sharing on your social media channels to spread the voice.

We already started conducting the interviews we had planned. We interviewed an affected couple during the Ottawa protest in March and we just interviewed another couple from Ontario this week. We are also planning to interview another couple from Calgary at the end of the week, and immigration expert Klaudios Mustakas next week, among others.

Although we didn't raise our goal throughout the campaign, we adapted our budget to make this project a reality. That included, of course, recording some interviews remotely to save on traveling expenses. However, the results have been wonderful so far: the interviews have been very fluent, open and touching, showing the human side of this conflict.

If you're a couple affected by the Inland Sponsorship delays, you can still get in touch with us via email and share your story with us, either publicly for the documentary, or privately for research purposes.



2015/04/08

We need your support! Indiegogo campaign to fund the documentary



As of today, we have launched our Indiegogo campaign to fund the production of this documentary.

If you want to support us and get the struggle of more than 10 thousand Canadians out in the open, please click here and make your contribution today.

We are offering several perks including the documentary on Vimeo On Demand, exclusive content such as posters, full-length interviews and the screenplay, tickets for our exclusive screening and so much more.

igg.me/at/cicbacklog

Your contribution, small or big, will help bring this story to all Canada and beyond.

If you can't contribute to the campaign, please share it throughout all your social networks so we can get to as many people as possible. Click HERE to tweet about our campaign.

--

Other links that might interest you:

Inland Spousal Sponsorship: One of the categories that fell further behind
Inland Sponsors' demonstration in Ottawa: Our first day of shooting
Why this affects you as a Canadian

--

Follow our progress on Twitter and Facebook
Sign up to our newsletter