NOII Action Alert: Proposal for ‘Conditional Permanent Residence’ Places Women at Risk

Posted by admin on Apr 10th, 2011

On behalf of No One Is Illegal-Vancouver, a migrant justice collective, we are writing to request your support in opposing the recent proposal made by the Conservative Government, just one day prior to the dissolution of Parliament, regarding “Conditional Permanent Residence” for sponsored spouses. We encourage you to read an op-ed in the Toronto Star on the issue here: http://www.thestar.com/opinion/editorialopinion/article/970479–marriage-of-convenience

This proposed measure would apply to spouses and partners who have been in a relationship with their sponsor for two years or less at the time of the sponsorship application. These sponsored partners would have an imposed period of conditional status for two years or longer from the time that the sponsored spouse or partner becomes a permanent resident in Canada, with the threat of revocation of their permanent residency if CIC believes they do not remain in a ‘bona fide’ relationship.

If passed, this proposal will place women in particular at an increased risk for spousal and partner abuse. This proposal is being billed as a measure to prevent “marriages of convenience”.  This term is problematic as it applies almost explicitly only to marriages entered into by immigrants and intensifies anti-migrant profiling and the suspicion that immigrant marriages where one spouse is sponsored may inherently not be ‘genuine’.  For more information, you can find the full proposal at: http://bit.ly/fIhvWx

The Canadian Government is taking comments from the public from the period of Saturday March 26th 2011 to Monday April 25th 2011.

We encourage you to direct your concerns to Justine Akman, Director, Social Policy and Programs, Citizenship and Immigration Canada, 365 Laurier Avenue W, 8th Floor, Ottawa, Ontario K1A 1L1, 613-941-9022 begin_of_the_skype_highlighting              613-941-9022      end_of_the_skype_highlighting begin_of_the_skype_highlighting              613-941-9022      end_of_the_skype_highlighting (telephone), 613-941-9014 (fax), justine.akman@cic.gc.ca (email).

We encourage you to send in your comments! Enclosed is a letter template geared towards organizations, but individuals are encouraged to write in as well! Please feel free to add your own comments and concerns to the letter. If you do send a letter, please let us know by emailing noii-van@resist.ca.

Thank you for your time.

Sincerely,
No One Is Illegal-Vancouver, Unceded Coast Salish Territories
www.nooneisillegal.org

TEMPLATE LETTER:

Justine Ackman,

As an organization concerned with the safety and well being of immigrants, particularly immigrant women, we are writing to request that the Harper government’s recent proposal to introduce a conditional permanent residence period of two years or more for sponsored spouses and partners be stopped immediately.

According to a recent government release, “This proposed measure would apply to spouses and partners who have been in a relationship with their sponsor for two years or less at the time of the sponsorship application. The period of conditional status under consideration could be two years, or longer, from the time that the sponsored spouse or partner becomes a permanent resident in

Canada.” Sponsored spouses or partners under conditional permanent residency, if found to no longer be in a bona fide relationship, would have their permanent residency status revoked, leading to initiation of deportation.

In our opinion, this proposal creates an underclass of individuals who are dependent on their partners for permanent residency while at the same time gives disproportionate amounts of power to the sponsor to exploit that dependency. It leaves individuals, particularly women, at an increased risk of and abuse and punishes victims of domestic violence by forcing them to remain in unsafe relationships for fear of deportation. The sponsored partner is left in a vulnerable position, as their status is dependent on their relationship with their sponsor for a minimum of two years following the approval of their permanent residency application. By legislating “conditional residency”, this proposal only serves to further regulate the lives of individuals with precarious status, thus undermining their rights to equality and safety.

In response to concerns regarding the wellbeing of spouses and partners in abusive relationships, the government states: “a process for allowing bona fide spouses and partners in such situations to come forward without facing enforcement action would be developed if a conditional permanent residence period were introduced.” As an organization that understands the barriers that individuals face when fleeing abusive relationships, we know that women, and in particular recent immigrants, face multiple barriers when fleeing their partners. These barriers reduce access to government programs and services, and include factors such as partner monitoring, language barriers, fear and intimidation, and lack of information. In addition, migrants often lack the crucial support of family members or close community members in accessing safe avenues for separation.

This proposal is part of a broader pattern of harming migrant women and trapping them into emotionally and physically violent situations, serving to increase unequal gendered power dynamics.  This proposal follows an announcement made by Canadian Border Services Agency on February 11th asserting a national policy ordering its officers to enter and wait outside anti-violence against women spaces to detain and deport women survivors of violence.

Furthermore, this proposal is being billed as a measure to prevent “marriages of convenience”.  This term and discourse in itself is problematic as it applies almost explicitly only to marriages entered into by immigrants and intensifies anti-migrant suspicion and profiling.

In light of the above concerns, we demand that the proposed changes in the category of spousal sponsorships under the Immigration and Refugee Protection act be immediately dismissed.

Sincerely,

Name of your organization.



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