High fees blamed for sharp decrease in Canadian citizenship applications | Toronto Star

2017/02/25 1 Comment

Another article on the impact of the increase on citizenship fees, just before Minister Hussen testifies before the Senate committee studying the bill:

The number of immigrants applying for citizenship has plunged by a whopping 50 per cent at the same time as Ottawa has stripped a record number of Canadians of their citizenship.

According to the latest data from the Immigration Department, only 56,446 new citizenship applications were received in the first nine months of last year, a sharp decline from the 111,993 during the same period in 2015.

The number of new citizens approved also dropped by 48 per cent from 198,119 to 111,435 over the same period, said Andrew Griffith, a retired director general of the department who obtained the data.

While the tightened language proficiency and longer residency requirements have contributed to the decline, the steep increase in citizenship application fees under the former Conservative government is a key factor, Griffith said.

The processing fee was raised from $100 to $300 in February 2015 and again to $530 later that year, with an additional $100 right-of-citizenship fee required once the application is approved. Historically, citizenship applications have averaged close to 200,000 per year.

“The fee hike is a huge part. When you increase the price, you are not going to be able to afford it,” noted Griffith, a fellow at the Canadian Global Affairs Institute. “The fee is a significant barrier. If you are a professional, you can pay it with no problem. But if you are low-income, it becomes a burden.”

The federal Liberals have tabled Bill C-6 to amend the Citizenship Act, which would make citizenship less restrictive by reducing the residency requirement to three out of four years from four out of six and limiting the language and knowledge tests to applicants aged 18-54, instead of 14-64. However, there is no mention of a fee reduction in the bill.

Toronto lawyer Avvy Go, who spoke at Senate hearings into the bill, said the fees are a problem for the low-income households she serves at the Metro Toronto Chinese & Southeast Asian Legal Clinic.

The legal clinic organized a number of workshops in 2015 to urge eligible immigrants to apply for citizenship before the changes by the Tory government came into effect. Many attendees to the workshops said they were not able to afford the fees, Go told the Star.

“When you look at who the poor are, they are people from racialized communities, women and the disabled, who are bearing the consequences. You are going to further disenfranchise the vulnerable,” said Go.

“Many of my clients work long hours in restaurants and are paid minimum wages. They have to choose between putting food on the table and applying for citizenship. Many have no choice but choose to put food on the table first.”

Source: High fees blamed for sharp decrease in Canadian citizenship applications | Toronto Star

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Senate Hearings on C-6: Witnesses February 15-16

2017/02/17 3 Comments

The Senate’ Social Affairs, Science and Technology (SOCI) committee started hearings this week on Bill C-6 repeal and other changes to the previous government’s C-24 legislation that made citizenship “harder to get and easier to lose”

Witnesses reflected a balance of views on the proposed changes with few surprises compared to the House Citizenship and Immigration Committee hearings last year, or for that matter, much of the discussion around C-24 in 2014.

The changed composition of the Senate compared to the 2014 C-24 review (more non-affiliated senators, Trudeau appointments) was reflected in the selection of witnesses and questions.

As expected, discussion focussed on the main elements of C-6:

Revocation (terror or treason): Witnesses from the CBA, Quebec Bar, Audrey Macklin, and Craig Forcese all supported repeal of this provision, Reis Paghtakan opposed its repeal but only for terrorist convictions in Canada, and CIJA and Julie Taub opposed its repeal in all cases. Questioning by Senators included the legal and constitutional aspects of revocation, whether or not this acted as a deterrent, and the possible impact this could have with respect to war crimes.   There was a useful discussion on the difference between revocation for misrepresentation and for crimes of terror or treason; the former pertaining to crimes committed before being granted citizenship, where misrepresentation was the issue, and crimes committed after being granted citizenship, where the issue was whether the criminal system was sufficient to handle such cases or a supplementary punishment through revocation was warranted. Needless to say, the issue of differential treatment for dual nationals and Charter rights was raised repeatedly. Forcese and Macklin noted the negative impact such differential treatment had with respect to integration and countering violent extremism.

Revocation (misrepresentation): While not part of C-6, the absence of procedural protections – paper process, no right to a hearing, no right to an appeal – was raised repeatedly with virtually all witnesses indicating this remained an issue. Most favoured a return to the previous system of appeals to the Federal Court. Taub, however, emphasized how easy it was to commit residency fraud and misrepresentation, the need for smart Permanent Resident cards to track entry and exit, but did not comment on the need or not for protections. CIJA acknowledged the need for some procedural protections but wanted to ensure that these did result in endless appeals as happened in the Oberlander case.

Language and knowledge assessment: All agreed language was important to integration. No witnesses disagreed with the proposed removal of language and knowledge testing for 14-17 year olds. Metro Toronto Chinese & Southeast Asian Legal Clinic (MTCSALC) noted time, money and educational challenges for their low-income and refugee clientele, the need for expanded language training and related supports such as child care and income support and greater flexibility to waive requirements on humanitarian and compassionate grounds. The cost of language assessment was also mentioned. CBA noted that writing the knowledge test in english or french imposed a double requirement and they would have been happy with keeping the testing requirement for 55-64 year olds but with the flexibility to do the test with an interpreter.

The most interesting recommendation was from Paghtakan, where he continues to advocate for scrapping language assessment as is a pre-requisite for economic class immigrants for permanent residency status. Duplication meant more expense to the government and more costs to immigrants. Most family class immigrants are parents and grandparents who would thus be exempt given the proposed change in age requirements while refugees could wait until they attain 55.

Chair noted earlier work by committee that showed 55-64 year olds formed about one-third of the active workforce.

Residency: Taub questioned the change in residency from four out of six years to three out of five, arguing that it was more generous than other countries and that this and other measures would increase the number of citizens of convenience. Paghtakan, while he had supported the four of six requirement of C-24, had no issue with the change to three of five given the maintenance of physical presence. The strength of Taub’s intervention on residency-related questions prompted Senator Petitclerc why all Taub’s points were so negative without mentioning the positive benefits of citizens contributing abroad. Taub cited citizens who install their family and return to the Gulf or Hong Kong where they can make more money and not pay Canadian income tax.

Intent to reside: Only Taub supported maintaining the intent to reside provision given its symbolic importance. The other lawyers testifying noted that situations can change following applying for citizenship and the consequent risk of misrepresentation cases and thus supported its repeal.

Pre-Permanent Residency time partial credit: Again, only Taub opposed restoring this pre-C-24 provision for Temporary Foreign Workers and international students, stating that this facilitated citizens of convenience.

Other issues

Oath: Paghtakan endorsed the TRC recommendation to amend the citizenship oath by adding the words “including Treaties with Indigenous Peoples” to assist new Canadians appreciate and understand this aspect of Canadian history and society.

Parental passing citizenship to children with no genetic link (in vitro): Quebec Bar raised gap in current legislation which based parental status on the genetic link (save for adoptions) rather than the relationship as in case of in vitro children.

Religious accommodation language testing: CIJA noted that many language testing centres only provided this service on Saturday (Sabbath), with extensive delays in accommodation.

Smart permanent resident card (chip or magnetic strip): Taub argued strongly that the PR card should be a smart card like any gym card that would allow tracking of entry and exit and make it easier for applicants to prove they met the residency requirements without having to search through documentation. (Comment: sounds good in theory but not a simple change, compounded by government challenges in managing complex IT projects as seen with Phoenix and Shared Services Canada.)

Fees: MTCSALC noted that the increase in citizenship processing fees from $100 to $530 made it prohibitive for many low income and refugee immigrants. The recent CBC article on the impact of citizenship fees on the number of applications was cited by Senator Eggleton. Taub argued that reduction was not just related to the increase of fees, that other factors — change in residency requirements, language testing — were also factors. She supported full cost recovery but with subsidies for low-income applicants.

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Canadian expats shouldn’t have unlimited voting rights – Bill C-33 critique

2017/02/16 6 Comments

Rob Vineberg, former regional director general for the Prairies and the North at CIC (now IRCC) and I penned this op-ed against the proposed indefinite extension of expat voting rights in C-33 (we will be submitting a brief once the Bill goes to Committee).
This has generating the most comments of any of my articles, virtually all from Canadian expats who disagree with us on Twitter. Useful input as we finalize our brief to the Commons committee that will study the Bill (PROC).
As behind a paywall, full text below:

Democratic Institutions Minister Karina Gould is in charge of shepherding Bill C-33, currently at second reading, through the House.  The Hill Times photograph by Jake Wright

 By ANDREW GRIFFITH, ROBERT VINEBERG

PUBLISHED : Wednesday, Feb. 15, 2017 12:00 AM

In responding to the Supreme Court challenge of the five-year limit of voting rights, the government has proposed in Bill C-33 to extend voting rights indefinitely to Canadians living abroad, no matter how short their residence in Canada.

This is more generous than the standard comparator countries of Australia and New Zealand, which require a formal renewable declaration or visits (six and three years respectively), the United Kingdom, which has a 15-year limit, and the United States, which requires filing of taxes.

In essence, any citizen who left Canada as a baby or small child would have unlimited voting rights. As such, the proposal disconnects voting from any experience living in Canada, being subject to Canadian laws, accessing Canadian public services, as well as paying Canadian taxes, and thus devalues the votes of Canadians who do reside in Canada and are subject to these day-to-day realities of Canadian life.

To date, the government has not articulated why it chose this unlimited approach, apart from resorting to the phrase “a Canadian is a Canadian is a Canadian,” without acknowledging that this argument was made in the limited context of revocation of citizenship in cases of terrorism, and the need to treat Canadian-born and naturalized Canadians equally before the law.

Advocates of expanding voting rights over the current five years have argued that Canadians living abroad contribute to Canada and the world, and many retain an active connection with Canada, whether it is business, social, cultural, political, or academic. These Canadians’ global connections should be valued as an asset. The internet and social media make it easier for Canadians to remain in touch with Canada and Canadian issues. Non-resident Canadians pay income tax on their Canadian income and property tax on any property they may own in Canada. Their vote is unlikely to affect the overall electoral results.

This is argued using a general estimate of over one million expatriates, without any assessment of the degree of connection that expatriates have with Canada. However, using government data, we know that the number of expatriates holding valid Canadian passports is approximately 630,000 adult Canadians who have lived abroad for five years or more. We also know that the number of non-resident Canadian tax returns, a deeper measure of connection, was about 140,000 in 2013 (the last year for which information is available). And while hard to assess the potential interest of long-term Canadian expatriates in voting, the data for those who qualify under the current rules suggest there is not widespread demand.

While one of us (Griffith) believes in a more restrictive approach and one us (Vineberg) believes in a more flexible approach, we recognize the government is committed to expand voting rights. We see three main options:

  1. Double the current limit to 10 years: This would align with two parliaments as well as passport validity. While it would not address the concerns of all expatriates, it would expand voting rights.
  2. Provide unlimited voting rights to expatriates who have lived 25 years or more in Canada: This recognizes the long-term connection and experience with Canadian life as well as the concerns of expatriate seniors who have contributed to the Canada Pension Plan and receive CPP and Old Age Security benefits.
  3. Modify the proposed approach with a minimum residency requirement of three years: This ensures a minimal connection to Canada, aligned to citizenship requirements, with only a valid Canadian passport being acceptable evidence of citizenship. However, this modified version of the provision in Bill C-33 does not fundamentally change our objection to again essentially unlimited voting rights.

In the latter options, this should be combined with the creation of two overseas constituencies to recognize that expatriate interests are different from resident Canadians and address any concerns that the expatriate vote could influence the results in particular ridings.

Notwithstanding what approach is chosen, administrative simplicity based on the current Elections Canada process should be maintained. Elections Canada should also be required to conduct an evaluation of the impact of any such change following the next election.

The government does not appear to have thought through the implications and options regarding expanding voting rights and appears to have listened only to advocates for expansion rather than a broader range of Canadians. We favour a combination of the first two options and hope that parliamentary review of Bill C-33 will result in changes that respect a balance between expanded expatriate voting rights and the interests of resident Canadians.

Source: Canadian expats shouldn’t have unlimited voting rights – The Hill Times – The Hill Times

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Australian Senator proposes a tough new citizenship test | Starts at 60

2017/02/15 Leave a comment

For those advocating values vetting such as CPC leadership contender Kellie Leitch, this example of an Australian Senator’s idea of what should be asked is revealing.

And perhaps those proposing values vetting might consider what their questions would be, not to mention the broader question is whether this is needed or implementable:

At the moment the citizenship test consists of questions about Australia’s government and justice systems.

But many politicians and other commentators have argued the test is too easy and want it to focus on more people’s ability to integrate into society.

It’s a plan that has been discussed by many politicians including Immigration Minister Peter Dutton and One Nation senator Pauline Hanson, and now Liberal Democrats senator David Leyonhjelm is weighing into the debate.

He’s proposing a new citizenship test with questions that focus more on people’s beliefs than their knowledge of Australia.

Senator Leyonhjelm told NewsCorp he believed there needed to be “extreme vetting” of applicants for citizenship.

“It is only citizens who elect our government and determine what kind of society we create,” he said.

“We should therefore only grant citizenship, and the rights that come with it, to those who have contributed to and assimilated into our society, and who share our values.”

He’s provided a list of his questions, which have been published by NewsCorp and they’re getting plenty of attention.

The questions are:

1. Should there be a law banning slavery?

2. Should tax obligations differ depending on a person’s religion?

3. Should there be a law banning female circumcision?

4. Should there be a law banning women from:

– voting?

– being elected to government?

– driving?

– showing her head hair, arms or legs in public?

5. Should there be a law banning a husband from:

– hitting his wife?

– having sex with his wife without the wife’s consent?

6. Should there be a law banning a wife from:

– leaving the home against the wishes of the husband?

– driving against the wishes of the husband?

– showing her head hair, arms or legs in public against the wishes of the husband?

7. Should there be a law banning adults from:

– drinking alcohol?

– gambling?

– having sex with a child?

– having sex outside marriage?

– holding hands or kissing someone of the same sex in public?

– homosexual acts and relationships?

– owning or viewing pornography?

8. Should there be a law banning children being married?

9. Should there be a law banning a person from refusing to marry according to a parent’s instruction?

10. Should there be a law banning divorce?

11. Where a mother and father of a child are not married, should there be a law granting custody to the father?

12. Should there be a law giving preference to men over women regarding the receipt of inheritances?

13. Should there be a law banning the schooling of boys and girls in the same class room?

14. Should there be a law banning:

– the charging of interest on loans?

– people abandoning their religion?

– blasphemy?

15. Should the punishment for killing be reduced if the killer says it was done for family honour?

So, how do you know what the right answers are?

Well, Leyonhjelm provided NewsCorp with those too.

1. Yes

2. No

3. Yes

4. No

5. Yes

6. No

7. No, except for 7(iii) Yes

8. Yes

9. No

10. No

11. No

12. No

13. No

14. No

15. No

Controversially, he is also arguing that only those who pass the test should be given welfare.

But his citizenship test and comments about welfare have been slammed by some.

Australian Council of Social Services CEO Dr Cassandra Goldie told NewsCorp that Senator Leyonhjelm’s proposal would “take us back to 1909”.

“Australia has the most targeted system of income support in the world and there are already strict rules around eligibility for payments,” she said.

“This proposal would take us back to 1909 when people had to show they were of ‘good character’ to get a pension and automatically exclude large numbers of people from social security and throw them into destitution.”

Source: Senator proposes a tough new citizenship test | Starts at 60

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Canadian citizenship applications decline after processing fees triple

2017/02/14 Leave a comment

citizenship-metropolis-2017-017

Citizenship Country Comparisons

Article based in part on my brief, C-6 Senate Hearings: Expected Impact on the Naturalization Rate.

The IRCC comment that the government has no plan to reduce fees is notable and surprising, given its diversity and inclusion agenda and expanded Immigration levels.

Equally notable that the IRCC spokesperson is incorrect on the level of Australia’s citizenship fee, our most appropriate comparator country (above comparison chart). He also cites that the increase in citizenship fees was not raised in recent consultations on immigration levels despite there being no questions in the consultation document on citizenship (IRCC Discussion guide on immigration: What about citizenship?):

A sharp fee increase has helped fuel a dramatic drop in the number of immigrants applying to become Canadian citizens, according to immigration advocates.

In the first nine months of 2016, there were 56,446 applications filed for citizenship, a decrease of nearly 50 per cent from the same period a year earlier, when 111,993 applications were submitted.

The figures are included in a briefing by former Immigration and Citizenship director general Andrew Griffith prepared for the Senate social affairs, science and technology committee, which begins hearings this week on Bill C-6, a law to amend the Citizenship Act.

Griffith, an author on immigration issues and fellow at the Canadian Global Affairs Institute, calls it an “alarming” trend that can be linked directly to a steep increase in fees.

The processing fee jumped from $100 to $530 in 2014-2015, which amounts to a tripled price tag when the additional $100 “right of citizenship” fee is added.

“If you’re a professional doing reasonably well, you may not like it, but you pay it. It’s important to you,” Griffith told CBC News. “But if you are a struggling immigrant or refugee, suddenly $630 may become prohibitive, and especially if you’re talking about a family of four or more.”

Newcomers face other costs associated with the citizenship process, including language testing, he said. He recommends cutting the processing fee to $300, abolishing the right-of-citizenship fee, and considering a waiver for refugees and low-income immigrants.

Financial and other barriers

Griffith’s brief points to a broader pattern of declining naturalization rates. He warns that a growing part of the population may not fully integrate by becoming citizens due to financial or other barriers and that could lead to marginalization.

“We’ve always prided ourselves where we have a model where we don’t just encourage immigration, but we encourage immigrants to become citizens so they be fully part of society. They can take part in political discussions, they can vote and do all the things that are part of it,” he said.

Bill C-6 reverses reforms brought in by the previous Conservative government and takes steps to streamline and strengthen the integrity of the citizenship process. Those include reducing the time permanent residents have to live in Canada to become eligible for citizenship, counting time for work or study in residency requirements, and reducing the language proficiency requirements for younger and older immigrants.

Oath

A man raises his hand while taking the Oath of Citizenship at a ceremony in Mississauga, Ont. (Jonathan Castell/CBC)

But the government does not appear prepared to reverse the fee hike brought in by the Conservatives.

Bernie Derible, a spokesman for Immigration Minister Ahmed Hussen, said citizenship fees in Canada are “significantly less” than other comparable countries such as the U.K., Australia and New Zealand. Throughout the cross-country consultations last summer, there was little discussion or concern raised about the fee, he added.

Dory Jade, CEO of the Canadian Association of Professional Immigration Consultants, said he has heard from plenty of clients who are delaying citizenship because they can’t afford the fees.

Make process ‘accessible and easy’

“If we want to bring immigrants, especially under a Liberal government which believes in nation builders, making it accessible and easy to become members of your society is a big, big issue,” he said.

Jade has met with officials from Immigration, Refugees and Citizenship Canada to propose a way to address the financial burden.

He said he was told by officials that the current fees are not cost-recovery, which means they are still financed in part by the tax base despite the increase. [Note: IRCC costing study indicated processing cost $555, about the same as the current fee of $530.] But he suggested the government could ease the cost barrier by adopting a tax-like formula based on income, developing a loan program, or capping the total fee for a family.

Stephen Green, a Toronto-based immigration lawyer, said he has not heard of the fee being a significant factor in seeking citizenship. He said many of his firm’s clients who don’t currently qualify under the existing law are anxiously awaiting C-6 to become law so they can apply for citizenship.

The Senate social affairs committee hearings will be held Wednesday and Thursday this week, with a number of immigration and refugee lawyers and academics scheduled to testify.

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Switzerland Votes to Ease Citizenship for Third-Generation Immigrants – The New York Times

2017/02/14 Leave a comment

Good result:

The posters seen in several cities and provinces featured two very similar young women: both born in Switzerland, educated in Swiss schools, now in their 20s and working full time in Swiss jobs. They even share the given name Vanessa.

The point, though, was the crucial way they differ. One Vanessa is a Swiss citizen, while the other is not, and is locked in a lengthy and expensive process to obtain citizenship even though her family put down roots in Switzerland two generations ago.

The posters backed a government-sponsored measure that would ease the path to citizenship for third-generation immigrants like the second Vanessa. And on Sunday, the measure was approved in a nationwide referendum.

The outcome went against the recent tide of right-wing populism and anti-immigrant sentiment in much of Western Europe. Just over 60 percent of votes were in favor, including majorities in 17 of the country’s 23 electoral cantons — a minimum of 12 are required to pass — despite a right-wing campaign that sought to stoke fears of Muslims infiltrating the country.

“We are quite surprised,” said Stefan Egli, a manager of Operation Libero, a politically independent group that campaigned in support of the initiative and organized the poster campaign featuring the two Vanessas, among others. Mr. Egli said he had thought the referendum would win the national popular vote, but he worried that more of the rural cantons would oppose the change.

Swiss law typically requires foreigners to be residents of the country for 12 years before applying for citizenship; after that they must undergo a series of tests and interviews to assess their suitability, and are judged by criteria that differ from one canton to another. Unlike the United States and some European countries, Switzerland does not grant automatic citizenship to children born on its soil.

The measure approved on Sunday will not change those basic rules, but will speed up and simplify the approval process, using uniform criteria, for foreigners under 25 whose parents and grandparents have permanent residence status in Switzerland. “These are people who are at home,” Simonetta Sommaruga, the federal justice minister, said in a statement explaining the government’s position on third-generation immigrants. “The only difference is they do not have a red (Swiss) passport.”

An assessment by Geneva University for the government’s department of migration found that just under 25,000 people could benefit from the changes. Most of them are Italian, it found, and nearly 80 percent are of European extraction.

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A glance at birthright citizenship regulations across Europe | US News

2017/02/14 Leave a comment

Useful if partial comparison:

As voters in Switzerland are deciding Sunday whether to make it easier for “third-generation foreigners” to get the country’s citizenship [passed], here’s a glance at how other countries across Europe are handling citizenship and birthright issues for immigrants of the first, second or third generation.

Different from the United States, where every child born on American soil automatically becomes an American citizen regardless of his or her parents’ nationality, being born in Switzerland doesn’t mean automatically mean becoming Swiss, a situation echoed in a few other European nations.

Germany:

Children of parents with foreign passports receive German citizenship at birth if one parent has lived in Germany for at least eight years and has unlimited residency status. The children also get to keep their parents’ citizenship. At age 21, they are supposed to choose one of the two nationalities. However, the obligation to give away one passport has in recent years been watered down by new regulations and there are a lot of exceptions to the rule meaning more and more children of foreign parents continue to keep their dual citizenships after their 21st birthday.

United Kingdom:

A child born in the United Kingdom is automatically a British citizen only if one parent is a citizen of, or settled in, the U.K.

A U.K.-born child without a parent who fits the bill can become a British citizen later — either if they live in Britain till they are 10; or if either parent becomes legally settled in Britain.

Italy:

Those born in Italy can ask, when they turn 18, to become an Italian citizen if they have continued to live in Italy since birth. The request must be formally made before the 19th birthday. It’s usually a straightforward process for these young people.

France:

All children born in France of foreign parents automatically gain French citizenship at the age of 18, if they live in France and have lived here for five years since the age of 11.

Greece:

In Greece there is no birthright citizenship. So if a child of foreign parents is born here, it doesn’t give them the right to Greek citizenship.

Czech Republic:

Birthright citizenship is only given to foreign children born in the Czech Republic if the parents are considered stateless or if one of the parents has a residency permit for a period longer than 90 days.

Spain:

Citizenship is automatically granted to children born in Spain who have at least one Spanish parent. If neither parent is a Spanish citizen, children born in Spain to legal residents can obtain citizenship after one year.

Source: A glance at birthright citizenship regulations across Europe | World News | US News

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Dramatic increase in people having Canadian citizenship revoked since Trudeau elected

2017/02/13 Leave a comment

Not a new story – see McCallum doesn’t want to let fraudsters ‘off the hook’ through moratorium on citizenship revocation.

The increase in numbers reflects largely the results of investigations initiated under the previous government, combined with the removal of previous procedural protections (recourse to Federal Court).

citizenship-data-slides-2015-026

IRCC Data Number of Investigations

But encouraging that a procedural protections fix looks likely judging by comments by Senator Omidvar on the eve of C6 committee hearings:

Josh Paterson, executive director of the association, told the National Post an assurance of due process should’ve been part of Bill C-6. “People readily grasp that when you take away someone’s citizenship, they ought to be entitled to a hearing if they want one.”

Paterson said he has been talking to senators about amendments. So has NDP MP Jenny Kwan, who tried amending the bill in a House of Commons committee but had her amendments ruled out of scope.

“It was frankly astounding to me that (the Liberal government) neglected to fix that critical part in the bill,” she said. “Virtually all of the witnesses came forward to say that we need to restore due process.”

The Senate sponsor of Bill C-6, independent senator Ratna Omidvar, confirmed there are plans to table such amendments in the Senate, likely at third reading.

“Everyone was open to an amendment,” she said in an interview, adding she’s “fairly positive” it will prove uncontroversial, since the argument for due process “would win over any ideological argument.”

Former immigration minister John McCallum had told senators in October he would “certainly welcome” the amendment, and told the Commons he believed “people should have a right to a proper appeal.” Bernie Derible, director of communications for new minister Ahmed Hussen, said “it would not be appropriate” for the minister to comment while the Senate deliberates.

Saying the bill’s passage is long overdue, Omidvar predicted things could wrap up in March. But its passage through the Senate will come with controversy, especially as Tory senators are expected to assert their belief that citizenship should still be revoked from convicted criminals.

It’s a sentiment shared by many. More than half of Canadians, 53 per cent, would rather have kept Bill C-24 as-is, according to an Angus Reid Institute poll from March 2016, which questioned 1,492 people and had a margin of error of 2.5 percentage points, 19 times out of 20.

In a speech to the chamber in December, Conservative Daniel Lang noted measures in Bill C-24 have already been used to revoke citizenship from several people — part of the “Toronto 18” — who were involved in Toronto terror plots in 2006.

“Dual national Canadian terrorists are not like every other Canadian, and they don’t deserve the same rights and privileges as every other citizen,” Lang argued. “Why do you think that perpetrating an act of terrorism is of less gravity than someone who commits a fraudulent act by signing a false affidavit?”

Explaining increases in citizenship revocation, Caron said immigration workers have been prioritizing “the most serious cases such as those involving serious criminality or organized fraud.” Examples include assuming a fraudulent identity, producing doctored documents to conceal criminality, or falsifying residence records.

Since November 2015, 14 people have had citizenship revoked for hiding crimes they committed while they were permanent residents of Canada, and another five had citizenship revoked for hiding crimes committed before they immigrated.

In the former case, if their citizenship is revoked, people revert back to being foreign nationals, while in the latter case, people revert back to being permanent residents.

Revocation doesn’t necessarily result in a deportation order, but depending on the situation, the Canada Border Services Agency sometimes takes “enforcement action such as removal,” according to papers submitted to parliament.

A document tabled in response to a question on the order paper says an additional 100 people, at least, had their citizenship applications rejected due to misrepresentation between November 2015 and November 2016.

Source: Dramatic increase in people having Canadian citizenship revoked since Trudeau elected | National Post

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A potentially historic number of people are giving up their U.S. citizenship – The Washington Post

2017/02/11 Leave a comment

More on the increasing number of American expats renouncing citizenship for tax reasons (FATCA), not Trump. Again, while the increase is dramatic, still small in relation to the number of expatriates (State department estimates between three and eight million):

It can be difficult to become a U.S. citizen. A lot of people put a large amount of time, effort and money into the process of gaining an American passport or, failing that, the right to permanent residency.

But to some people, U.S. citizenship can apparently be a burden. And it’s a burden that people seem to be shaking off in increasing numbers. This week, the Treasury Department released its quarterly list of individuals who had chosen to “expatriate” — i.e., renounced their U.S. citizenship or gave up their rights to permanent residence.

The list is notable for a couple of reasons. First off, Britain’s Foreign Secretary Boris Johnson is on it. This means that Johnson, a dual-national who was born in New York City, has finally renounced his citizenship (as he had long promised he would). Secondly — and far more importantly in the grand scheme of things — the list shows that Johnson is just one of a total 5,411 individuals to expatriate in 2016.

The number of people giving up their U.S. citizenship may in fact be higher. Ryan Dunn, a lawyer with Andrew Mitchel LLC, explained via email that his firm has suspicions that the lists released by Treasury are incomplete. However, this would not change the trend. America is seeing what is likely a historically high level of expatriation. And it seems only likely to rise further.

“Given that we’ve seen year-over-year increases in expatriation since 2012, we speculate that the trend will continue,” Dunn explained.

But why would anyone renounce their citizenship to the United States? Dunn said that in his firm’s experience, it wasn’t usually political. “We have not been contacted by anyone saying that they wanted to give up their citizenship because Trump won the election,” he said. Instead the motivation was simpler: money.

The United States is one of the only countries in the world that requires its citizens and permanent residents to file taxes even when they live abroad. Eritrea is the only other country to have a similar policy. This unusual policy a relic of the Civil War and the Revenue Act of 1862, which called for the taxing of U.S. citizens abroad — in part to punish men who fled the country to avoid joining the Union army.

This is no new policy — Americans abroad have always been covered by federal tax laws. However, things changed in 2010, when the Foreign Account Tax Compliance Act (FATCA) was enacted. This law essentially requires foreign financial institutions to check whether an account holder is a U.S. citizen or permanent resident. In some cases, Dunn said, they would ask for proof that the account holder is not a U.S. citizen.

The end result here is that whereas in the past a U.S. citizen abroad might be able to get away with not filing their U.S. taxes, that has become vastly less likely under these new circumstances. In some cases, this can be extremely costly: Johnson was known to have racked up a large U.S. tax bill for the sale of his home in London, even though he had not lived in Britain since he was a small child.

But even for those without Johnson’s wealth, it can be tricky. “FATCA is a dirty word to Americans abroad,” Peter Spiro, a Temple University law professor and the author of “At Home in Two Countries: The Past and Future of Dual Citizenship,” explained. “Think lots of extra forms that have to be filed even by citizens who aren’t wealthy by any standard. Americans abroad used to be able to do their taxes just like Americans at home. Now they have to hire expensive accountants.”

Giving up your citizenship isn’t necessarily cheap either. It can take a long time to get an appointment in some places, and the processing fee is around $2,350. More important, Dunn said, was the “exit tax” that some high-earning or high-net-worth individuals have to pay — and also some people who forget to file their forms correctly too. But evidently, for some people it’s worth it. (Green-card holders have a simpler and cheaper process.)

Source: A potentially historic number of people are giving up their U.S. citizenship – The Washington Post

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Ottawa looks at user-fee hikes for potential new revenue

2017/02/10 Leave a comment

While it is appropriate that the government is reviewing the User Fees Act to streamline the process (and increase revenues), there is a risk in providing departments with too much flexibility and too limited public consultations.

A clear case in point is with respect to citizenship fees, set at $100 in 1995.

The previous government obtained an exemption from the Act in Budget 2013 omnibus legislation which allowed it to avoid lengthy consultations and increase the fees to $300 in February 2014 along side Bill C-24’s revamping of the Citizenship Act. The government then did a further increase to $530 January 2015, with the change buried during the Christmas holidays.

This further increase was never mentioned during the Commons and Senate hearings on C-24, highlighting again the risk to public accountability.

There is also the broader risk that the current government may only look at fees from a cost recovery or private interest perspective, and not take into account that some fees reflect a mix of private and public interest.

I have argued elsewhere that citizenship fees have such a mix (see The impact of citizenship fees on naturalization – Policy Options, C-6 Senate Hearings: Expected Impact on the Naturalization Rate) given the shared interest in encouraging political as well as economic and social integration.

Passports, also part of IRCC, are IMO more of private than public interest, where full cost recovery makes sense. Passport fees are subject to the Act and in testimony, departmental witnesses indicated that it took about two years to obtain approval:

The Liberal government is eyeing the user fees Canadians pay for federal services as a new source of revenue.

Since 2004, fees for everything from fishing licences to campsites have generally fallen farther behind the cost of providing those services. That’s the year the User Fees Act was passed, compelling departments to justify to Parliament any proposed fee increases or new fees.

The requirements under the law have been so onerous, however, that they effectively discouraged departments from applying for increases even as costs rose. The result is that taxpayers are stuck with higher bills for private benefits enjoyed by individuals and corporations.

The federal Treasury Board wants to fix the law to smooth the way for more fee increases, putting the fee-cost arithmetic back into balance — and snaring fresh revenues that could be worth millions of dollars.

The wide-ranging initiative, called the Modernizing of the Management of User Fees, is outlined in an internal document CBC News obtained under the Access to Information Act.

“While fees have not increased over time, costs have,” says the heavily censored Aug. 8 memo for Scott Brison, the Treasury Board president. (Numerous sections of the document, available below, have been whited out.)

“This resulted in an increase in the rate of taxpayer subsidies for government services that benefit private interests,” it says.

The freezing effect of the 2004 User Fees Act was dramatic, says the memo. Prior to the legislation, there were an average of 10 proposals each year to increase fees. After 2004, that dropped to 2.4 proposals annually.

Increased paperwork

Changes brought about by the legislation added “significant time and effort” in paperwork for fee increases or new fees, which discouraged applications. Departments have also since been wary of a provision that requires them to cut fees whenever they fail to meet performance standards, says the document.

As a result, 84 per cent of existing user fees have not been revised in nearly 13 years, and now cover a diminishing fraction of the cost of providing the services.

The memo cites the example of the Canadian Food Inspection Agency, which in 2004–2005 collected $54,999 in user fees for services that cost government $694,641 — or only about eight per cent of the bill.

Nine years later, at $55,988 in fees versus $877,306 in costs, the ratio had worsened to 6.4 per cent.

Other departments, including Health Canada and Industry Canada, have been more successful in keeping the fee-to-cost ratio in balance.

The released sections of the memo do not contain an estimate of potential new revenues.

A spokesman for Treasury Board declined to provide details or timing for the initiative.

‘Strengthening the accountability’

“While the matter of modernizing user fees is still under consideration, we remain committed to strengthening the accountability, oversight, and transparency of user fees,” Alain Belle-Isle said in an email.

Sheila Fraser, then-auditor general of Canada, found in 2008 that there were about 220 federal fees reported publicly, worth about $1.9 billion to the federal treasury. Fees are charged on a wide range of services, including passports, licences for manufacturing drugs, marine navigation, citizenship, and national park entry.

Fraser’s report, which made headlines that spring, criticized the government for overcharging Canadians for consular fees that were attached to passport application fees.

‘Inappropriately subsidizing’

Less noticed was her warning that the government “may be recovering less than an appropriate amount from fee payers, or, depending on the fee, taxpayers may be inappropriately subsidizing a private benefit …”

Source: Ottawa looks at user-fee hikes for potential new revenue – Politics – CBC News

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