Canadians adopting from Muslim countries caught in legal limbo

2015/06/03 Leave a comment

Seems a bit odd given that the US and UK permit adoptions from Muslim countries, and CIC’s rationale is not articulated beyond the usual process reasons:

Canada maintains that kafala does not qualify as adoption, arguing that the arrangement does not sever legal ties with a child’s biological parents.

Other Western countries, including the United States and United Kingdom, have policies allowing kafala arrangements to be legally recognized there.

Canada’s position on kafala can leave families who have received guardianship in Muslim countries caught in a bureaucratic web that appears to be unique to Canada, and unable to bring their children home.

Nusrat Munshi obtained legal guardianship of Aleeza just two months after the little girl was abandoned at a Karachi orphanage. (Submitted by Nusrat Munshi)

Citizenship and Immigration Canada spokeswoman Nancy Caron says it is not Canada’s policy to discriminate against any country when it comes to adoption.

“Eligibility of individual countries for inter-country adoption is determined on a case-by-case basis by the provinces and territories based on Canadian laws, and with respect for international laws as well as the statutes and wishes of the originating country.”

However, Amirzadeh says whether it’s an official government policy or not, the red tape effectively discriminates against Muslim families. “It’s like saying, ‘You’re born there, so you’re doomed.'”

And while a formal ban on adoptions from Muslim countries isn’t currently official policy, Canada hasn’t entirely ruled one out.

Documents obtained through access to information show that in 2013, the provinces and territories debated a ban on adoptions not only from Pakistan, but other Muslim countries, too.

At least two provinces, British Columbia and Ontario, refused the proposal, according to the documents.

“At this time, there is no intention of extending this closure to inter-country adoptions from other countries, although this does not limit such actions being taken in the future if determined to be warranted,” Citizenship and Immigration Canada wrote then.

Michael Blugerman, a Toronto-based adoption agent who was licensed to process adoptions from Pakistan for years until the 2013 ban, says while the government needs to make sure adoptions are legitimate, lumping cases from Muslim countries together isn’t the answer.

“It’s what I’d call a cultural-religious-profiling problem,” he says.

Meanwhile, Canada and Pakistan differ over the reasons for the adoption ban.

Citizenship and Immigration spokesperson Remi Lariviere says that adoptions from Pakistan were suspended through “ongoing procedural evaluations by the Government of Canada with input from the Government of Pakistan.”

But it seems Pakistan is not objecting to adoptions.

“It was a decision of the Government of Canada,” says spokesperson Nazia Khalid of Pakistan’s High Commission in Ottawa. “If they decide not to allow adoption, what can the Pakistani government say about it?”

Canadians adopting from Muslim countries caught in legal limbo – Canada – CBC News.

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Has Canada’s immigration system lost its heart?

2015/06/02 2 Comments

Some good overall statistics on wait times, and a rather amusing comment from the CIC Minister’s spokesperson about anecdotes, given the reliance the government often places on anecdotes in formulating and communicating policy:

While the Conservative government has invested resources in expediting the processing of skilled immigrants, investors, refugees and people slated for deportation, wait times keep growing for family reunification programs.

Currently, it takes nearly four years (47 months) simply to assess a sponsor’s eligibility to bring in parents and grandparents. The aging would-be immigrants then have to wait years for their own assessment at visa posts abroad.

To sponsor a husband or wife already living in Canada takes 27 months. To renew a permanent resident card, it’s a minimum of 67 days; for citizenship, at least two and up to three years; and for eligible live-in caregivers to receive permanent status (so their spouses and kids can finally join them here), 44 months.

“I’m a proud Canadian and grateful for the opportunities this country has given me,” said Djordje Momcilovic, 48, an occupational health and safety consultant. “But I’m not proud that the Canadian government is promoting family values and reunion but in fact it is keeping and tearing families apart.” Momcilovic sought help from his local MP to temporarily delay his mother’s removal.

Immigration Minister Chris Alexander’s office said Canada will admit about 70,000 people as permanent residents under the family class in 2015.

“Anecdotal accounts are not necessarily more broadly representative or, unfortunately, even factual in some cases,” said Alexander’s spokesperson, Kevin Menard. “Certainly, each case is unique, and each is assessed on its merits based on the information applicants provide to officials.

“We are working to eliminate backlogs and reduce processing times of all kinds … Our government is committed to reuniting as many spouses and partners as possible, as quickly as possible, while ensuring permanent resident targets are met for all immigration streams.”

Has Canada’s immigration system lost its heart?

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Ashby: Proof of love is not as simple as immigration officials would have it

2015/05/28 1 Comment

One of the best pieces of commentary on the CIC bogus marriage training guide (no longer used but no clarity on what the current training tools say):

A Citizenship and Immigration Canada training guide that leaked last week has exposed the inner workings of CIC’s unique perspective on what makes a good marriage.

Apparently, what makes a good marriage is having a lot of money. Money for a diamond ring. (DeBeers must be pleased. Diamonds are forever, which is approximately as long as it takes to obtain a permanent residency card.) Money for a big wedding — more than “small groups of friends.” (That dream elopement with just a handful of friends and family, away from big fat wedding drama? Sorry, lovebirds. Size matters.) Money for a big wedding venue — no restaurants allowed. (Rubber chicken dinners and serviette swans for everyone! It’ll be romantic, just like an annual general meeting!) Money for a honeymoon. And if one of you comes from a country without much money? Well, your marriage might not be valid.

But above all, the CIC is looking for body language (or at least was when the document, dated 2007, was issued.) Like the “body language experts” employed by supermarket tabloids and gossip rags, officials at the CIC believe they can learn the truth about a relationship based on who is smiling, how far apart they stand, and the expressions on their faces. The irony of a group of Canadians judging the citizens of other nations on their ability to emote and show affection is apparently lost on the CIC. Canada is a great country full of wonderful people, all of whom do everything possible to avoid each others’ eyes.

This dependence on photographic evidence is line with the 2014 findings of McMaster University professor Vic Satzewich, believed to be one of only two Canadian researchers in 50 years permitted to investigate CIC’s visa policies up close. Over two years, Satzewich visited 11 of CIC’s overseas visa application sites. From Hong Kong to Colombia, Canadian officials judge marriages by body language, number of guests at a wedding, seeming amount spent on the wedding, and the contents of love letters. His conclusion? That the system was profoundly vulnerable to racist social engineering.

“The system allows racial biases to creep in the selection process. They could use their authority to put it bluntly and crudely, to keep Canada white,” he told the Toronto Star.

This comes at a time when Canada’s rules for family-class immigrants have changed in an attempt to weed out marriage fraud. Marriage fraud is a real problem. But it’s one that’s often associated with conniving “marriage consultants” and “matchmakers,” who fleece both sides of the marriage. It’s akin to human trafficking. Spouses in Canada are promised a loving partner (or just uncomplicated sex), while spouses elsewhere are promised a ticket out of poverty. Both are expected to pay thousands of dollars in consultation fees. Some couples are trying to hack the system, it’s true. But family-class immigrants already make up less than one quarter of Canada’s immigrant population. And now they are regarded with deep suspicion.

Perhaps that suspicion comes from Canada’s history. Between 1663 and 1673, whole sections of Canada were populated by Les Filles du Roi, who closed their eyes and thought of freedom while the men who’d had them imported did their best to increase the tax base of New France. Perhaps the CIC is simply trying to avoid a similar injustice. And it’s important to realize that the CIC does want to protect people, and that it has mandatory acceptance quotas. The concern is how it fills them.

Judging someone else’s marriage isn’t unusual. It’s the favourite sport of mothers-in-law everywhere. But the prevailing truth about marriage is that it, like immigration, is a “black box” process. No one outside it knows what’s going on inside it — and even the people inside it are occasionally mystified. Yearning emails, dirty texts, and smug selfies only tell part of the story. If the CIC really wanted to know about the validity of a marriage, they would ask about who makes the coffee, who does the laundry, who co-ordinates the social plans. Plenty of “real” marriages have depended on far less. And if spouses needed to demonstrate true love in order to share a household, then plenty of us wouldn’t even be here today.

Ashby: Proof of love is not as simple as immigration officials would have it | Ottawa Citizen.

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Canada takes a step back on immigration policy | Bauder and Omidvar

2015/05/27 Leave a comment

Harald Bauder and Ratna Omidvar overview on citizenship and immigration policy changes and their implications:

Ottawa has failed in our eyes to provide a convincing justification for these changes. Many dependants and elderly family members seem to be excluded not because they would be eligible for social benefits but simply because they are from low-income families.

Canada has a story of exceptionalism to tell and it is widely regarded by others as model in how it manages immigration and succeeds in integrating immigrants. However, the evidence now tells another story, one that is somewhat more tarnished than we know.

The new data signals a shift and encourages us to reflect on the most alarming trends and redirect where necessary. But there is good mixed in with the bad. Canada still leads in labour market integration, anti-discrimination and creating a sense of belonging for newcomers. The one-point drop is smoke and not fire.

Canada takes a step back on immigration policy | Toronto Star.

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Britain plans to control immigration, step up deportations

2015/05/26 Leave a comment

While UKIP did not win many seats, their high share of the popular vote (12.6 percent), along with internal Conservative dynamics, keeps on shifting British immigration policy to the right:

Anger against migrants in the United Kingdom has reached fever pitch. Some have even blamed part of Britain’s ongoing economic problems on allowing those from the European Union’s poorer countries entry into the U.K.

In the election race, the U.K. Independence party campaigned against the influx of immigrants, vowing to “take back control of our borders.”

UKIP Leader Nigel Farage got into hot water after he said he’d be concerned if a group of Romanians became his neighbours. When outrage ensued, Farage quickly apologized.

While UKIP only gained one parliamentary seat in the vote, going to Douglas Carswell, the party attracted popular support — coming an astounding second in 120 constituencies and gaining nearly 4 million votes, says the Financial Times.

While the finer details of Cameron’s plan will be released next week in the Queen’s Speech (which sets out the Conservative program for the year ahead), his self-described “whole government approach” will aim to clamp down against migrants in Britain illegally. He’ll even lead the charge by chairing a new task force on immigration.

Police will be given the authority to seize the wages of those working at off-the-books jobs, making it a crime to be working illegally.

Municipal governments or councils will be given new powers to crack down on landlords housing migrants and then evict the occupants.

Banks will now be required to check all bank accounts against databases of people illegally living in Britain.

Foreign criminals awaiting deportation will wear satellite tracking tags, so authorities know where they are at all times.

Already, Cameron noted, they’ve weeded out fake brides and grooms that stage sham marriages and taken away the licenses of 9,000 “illegal immigrants driving on our roads.”

Britain plans to control immigration, step up deportations | Toronto Star.

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Immigration guide for detecting marriage fraud called ‘racist and offensive’

2015/05/21 1 Comment

More on the training guide on marriage fraud (Immigration officers told to pay close attention to Chinese/non-Chinese marriages). The Department’s case would be strengthened if it released the current instructions rather than asserting that these have been changed.

In any case, these revised instructions will likely come out later as I assume somebody or organization as requested the revised instructions under ATIP:

The three-page training guide, titled “Evidence of Relationship,” lists clues officers should look for in assessing a spousal sponsorship application. Ostensible warning signs that it’s a sham marriage include: couples who are not depicted kissing on the lips in their wedding photos; university-educated Chinese nationals who marry non-Chinese; a small wedding reception in a restaurant; a Canadian sponsor who is relatively uneducated, with a low-paying job or on welfare.

Other red flags include couples who don’t take a honeymoon trip, perhaps because they were students or lack the financial resources to do so; no diamond ring; and photos of activities together taken in Niagara Falls, Niagara-on-the-Lake and Toronto.

The training material, obtained under an access to information request and posted online by immigration lawyer Steven Meurrens, has created an uproar on social media among some Canadians and their foreign-born spouses.

“We all thought it was a joke. There’s no way this was real. Then we found out the guide was real and it was like, ‘Oh, my God, this is discriminatory. It’s against the Charter,’” said Saulnier, 37, who met his wife, Juliana, 35, while she was studying English in Toronto in 2011.

“I was born in Canada. This is racist and offensive. I’m just floored that this is accepted as criteria Immigration uses in judging the validity of my relationship,” added the software executive, whose wife is among thousands of foreign spouses waiting for long periods — the current average is 26 months — to be granted permanent residency.

Citizenship and Immigration Canada denied that the training material was racist and insisted all spousal applications from around the world are assessed equally, against exactly the same criteria, regardless of country of origin.

“The specific document you are referencing was an ad hoc document issued to officers nearly five years ago in response to an observed temporary spike in cases of marriages of convenience,” department spokesperson Nancy Caron told the Star.

“The instruction has not been active for more than three years, as the conditions that led to the instruction being issued subsequently changed.”

Immigration guide for detecting marriage fraud called ‘racist and offensive’ | Toronto Star.

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Homeland Beckons Immigrants as Retirement Nears – NYTimes.com

2015/05/21 Leave a comment

Assume similar pattern likely exists for Canadian immigrants who decide to return to their country of origin:

No overall statistics are available for how many people return to their native countries to retire, but consultants, real estate agents and others who help immigrants make the journey say the numbers are increasing.

They leave for many reasons: They worked in menial jobs in the United States and can afford a much higher standard of living in their native countries; they want to be around their relatives as they age for emotional and practical reasons; the spouses they immigrated with or married in the United States have died or they have divorced.

Federico Mejia, the general manager of Su Vivienda Internacional, a consulting and international real estate company catering to Colombians, said his business had doubled in the last decade.

“An increasing number want to go back to Colombia to retire,” Mr. Mejia said. Demographics is one reason. One of the big waves of Colombian immigrants hit American shores in the 1970s, so most are reaching retirement age.

Also, Colombia, like some other Latin American countries, has become more economically and politically stable in recent years, so it is a more appealing place to return to. And, like many immigrants, Colombians feel a deep emotional pull.

But the economics should not be underestimated. Alfredo Padilla, director of Expresito Carga, a shipping business in New York that specializes in working with returning immigrants, said that in the last five or six years, an increasing number of retirees were moving back to Colombia, Ecuador and Peru.

On an income that can barely sustain one person in New York, “you can live like a king in Ecuador,” Mr. Padilla said.

That is because people not only have the money they have saved, but if they have paid into the Social Security system while working in the United States, they can continue to receive payments abroad. But some exceptions apply, so it is wise to check the Social Security website.

While Social Security is portable, those returning to their home country will not be eligible for Medicare, which can be a major disadvantage, Mr. Rigor said. Medicare is generally not available outside the United States and its territories, even for American citizens who have paid into the system.

“People want to be covered by the benefits they accrue,” said Mr. Rigor, who moved to the United States from the Philippines in 1982. The Center for Medicare Portability, a nonprofit research organization,lobbies to get Medicare laws changed so Americans living overseas can receive benefits.

For some, however, losing Medicare is more than offset by their native country’s health care system. Janet Todosychuk, 59, returned to Vancouver, British Columbia, last month after living in Los Angeles for 35 years. A divorce prompted the move, but the fact that most health care is almost free in Canada has been a huge relief, Ms. Todosychuk said.

“I was paying $615 a month for health insurance,” in Los Angeles, she said. “It was definitely a factor in moving.”

Paul Kurucz, an instructor of marketing at Vancouver Island University, runs a website for returning Canadian natives. It started as a hobby, and although much of the information is free, he now offers a planner and guide for $25.

He said about 50 people a year inquire about returning to Canada to retire — mostly Canadians who immigrated to the United States but some who left for other countries.

Having relatives in Canada is probably the No.1 reason older people want to return, he said, but health care is the second. And the third is fear about the future of Social Security and their retirement income if they stay in the United States into old age.

Homeland Beckons Immigrants as Retirement Nears – NYTimes.com.

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Immigration policy will be part of election conversation, opposition says | Toronto Star

2015/05/20 1 Comment

Pretty skimpy on the details, given the range of changes implemented by the Conservative government.

We may see more precision when the electoral platforms are released, however the tone is markedly different:

Immigration policy under the Conservative party’s watch has changed substantially, with many rules and regulations making it harder for refugees and immigrants to make Canada their home.

The Tories’ tough-on-immigration stance has won over some ethnic groups; others are less than keen. Critics in Parliament have argued vigorously against the changes. But the Tories argue that their changes have saved taxpayers money, streamlined processes, cut waiting times and stopped “bogus” refugees. A spokesman for the Minister of Immigration Chris Alexander said he wasn’t available to talk to the Star to discuss the changes or what lies ahead.

But according to University of Toronto’s assistant political science professor Erin Tolley, immigration rarely makes it as a central election issue because it “has the potential to alienate.”

But this time around both the Liberal and the NDP say they are going to make immigration policy part of the election conversation.

Key points:

NDP:

  • family reunification emphasis
  • loosening of citizenship language test requirements
  • more welcoming approach to refugees

Liberals:

  • Restore pre-Permanent Residence time 50 percent credit for citizenship
  • Repeal intent to reside provision
  • Reduce overall processing times
  • Commit to larger number of refugees, strengthen due process
  • Not assume “every second person is a criminal”

Interesting that revocation not mentioned.

Immigration policy will be part of election conversation, opposition says | Toronto Star.

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Low acceptance and backlog stifles foreign nanny program

2015/05/19 Leave a comment

Killing the program by stealth? Not the first time, and politically risking given the size of the Filipino community in Canada (over 600,000):

Ottawa has approved fewer than 10 per cent of requests by potential employers to bring in foreign caregivers under a revised program introduced in December, latest data shows.

To hire a nanny or other caregiver from abroad, an employer needs a positive Labour Market Impact Assessment, a certificate that says there’s a shortage of labour to justify hiring a foreign worker. Employment and Social Development Canada issued only 92 positive LMIAs between last December and March, according to statistics provided under a freedom of information request.

Twenty-two of those were for childcare, 70 for people to provide care for clients with high medical needs. In 2014, prior to changes in the program, the government was issuing 700 to 1,000 per month.

While the federal government has attributed the sharp decrease to a decline in applications, advocates and recruiters said the low acceptance rate, compounded by a backlog in granting permanent residency to qualified caregivers, has essentially “stifled” a program Canadian families desperately need.

“The Tories are secretly shutting out the caregiver program. More women will suffer. The caregiver applicants and the prospective employers both suffer due to the delay and the decreasing number of approved LMIAs,” said Liza Draman, of the Caregivers’ Action Centre in Toronto.

“The government promised caregivers and the Filipino community an end to the massive backlog as a way to win our votes. But instead of ending the backlog or giving caregivers immigration status on landing, the backlog has grown. Their promise is a broken promise, not sincere at all.”

Low acceptance and backlog stifles foreign nanny program | Toronto Star.

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Immigration officers told to pay close attention to Chinese/non-Chinese marriages

2015/05/16 1 Comment

Interesting release of the red flags or criteria used to assess the possibility of “marriages of convenience.”

While many of the criteria are relatively neutral, CIC is essentially using racial profiling as a key flag:

Chinese nationals who marry non-Chinese Canadians may be among those likely to be flagged by Citizenship and Immigration Canada as being involved in bogus marriages, documents released under Access to Information reveal.

The documents, dated April 2007, form part of a training manual for immigration officers who assess permanent residence applications for foreign spouses or partners who are already in Canada. Access to information records suggest the criteria were still in place as recently as October 2013. No one from Citizenship and Immigration Canada was able to comment Friday on whether the criteria remains in effect.

Canadians who apply to sponsor a spouse or common-law partner must submit several documents, including a marriage certificate, a questionnaire, proof of divorce if either partner was previously married and evidence the applicant lives with the sponsor. Couples may also submit wedding invitations or photos.

AMONG THE RED FLAGS LISTED:

  • Chinese nationals, often university students, marrying non-Chinese;
  • Photos that don’t include parents or family members, but rather small groups of six to 10 friends;
  • An “uneducated” sponsor, with a low-paying job or on welfare;
  • In wedding photos, the couple doesn’t kiss on the lips;
  • Couples who don’t honeymoon, even for a weekend, “usually because of university and/or no money”
  • There are usually no “diamond” rings;
  • A small number of professionally taken wedding photos;
  • Photos of the couple wearing the same clothes in various locations;
  • Photos of activities together are often taken in the Niagara Falls area, Niagara-on-the-Lake and Toronto.

OTHER FACTORS IMMIGRATION OFFICERS WERE ADVISED TO LOOK AT:

  • Previous relationships of the sponsor and the applicant and the length of time between a divorce and a new relationship
  • Whether Chinese surnames are unusual or common ones such as Wang, Huang, Li or Chen;
  • How much the sponsored spouse has to gain from permanent residence and whether they have taken previous steps to obtain it — a failed refugee claim, for example;
  • The length of time the couple has known one another, and whether they met, cohabited and married within six months
  • Whether there is an age gap of 10 years or more between the partners;
  • Whether there are significant differences in the education levels or ethnic backgrounds of the partners.

Vancouver immigration lawyer Steven Meurrens said he was surprised by some of the instructions. Meurrens obtained the document from Citizenship and Immigration Canada, which had previously released it under Access to Information.

“Why Chinese people are singled out I have no idea, and then that they’re training officers to be suspicious of people of lower income and lower education when they get married, I thought that was pretty offensive.”

Immigration officers told to pay close attention to Chinese/non-Chinese marriages.

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