More than half of recent applications to join the military came from permanent residents: DND

Will be interesting to see the percentage who are accepted (the Canadian Forces have a weak record on diversity despite efforts):

More than half of the applications received this past week from people looking to join the Canadian military — nearly 700 — came from permanent residents, the Department of National Defence says.

Since the beginning of November, 2,670 newly arrived immigrants have volunteered to serve in the Canadian Armed Forces. It may be a sign that a long-term trend of newcomers shying away from the military is finally coming to an end.

On Dec. 5, the federal government lifted the ban on permanent residents joining the military, following the example set by allies who have long held the door open for immigrants.

“That’s a great start,” the country’s top military commander, Gen. Wayne Eyre, told CBC News in a year-end interview.

In the weeks leading up to the change, inquiries from permanent residents about military service made up slightly less than a third of the total. Since the announcement on Monday, that share has increased to 50 per cent — or 680 applications between December 5 and 8.

The figures, although preliminary, likely come as a bit of a relief to Eyre, who has warned for several months that the military is facing a critical shortfall in personnel.

It’s estimated that the Armed Forces is down roughly 8,000 to 10,000 people from its assigned strength of 71,500 regular forces personnel and 30,000 reserves.

The military had a plan to boost recruitment of soldiers, sailors and aircrew before COVID-19 hit, but attrition, the fallout from the sexual misconduct scandal and the pandemic lockdowns drove that plan off the rails.

The Armed Forces has received more than 8,200 applications since early November. Until the individuals are enrolled, however, they’re not considered recruited — and that has Eyre concerned.

Source: More than half of recent applications to join the military came from permanent residents: DND

‘We want you to stay’: Canada opens door to permanent residence for 90,000 international graduates and temporary workers with one-time program

One-time or a pilot? Addressing some long-standing equity issues. Doing so during a downturn when some sectors are unlikely to recover soon (e.g.., hospitality, travel, in person retail) is risky. Will be interesting to follow the economic outcomes of Permanent Residents that are admitted under this policy:

Canada is rolling out a one-time special immigration program to grant permanent residence to 90,000 recent international graduates as well as temporary foreign workers with work experience in essential occupations.

International students will qualify for the new program if they have graduated from an eligible post-secondary program within the past four years, after January 2017, and if they are currently employed. They do not need to be in a specific occupation to meet the requirements.

The program is also open to temporary foreign workers with at least one year of work experience in one of the 40 health-care occupations, as well as 95 other essential jobs across a range of fields, such as caregiving and food production and distribution.

This time-limited immigration pathway will take effect on May 5 and remain open until Nov. 5 or until the target is reached.

“The pandemic has shone a bright light on the incredible contributions of newcomers. These new policies will help those with a temporary status to plan their future in Canada, play a key role in our economic recovery and help us build back better,” Immigration Minister Marco Mendicino said on Wednesday.

“Our message to them is simple: Your status may be temporary, but your contributions are lasting — and we want you to stay.”

The Liberal government has made immigration a critical part of Canada’s post-COVID-19 economic recovery with plans to welcome 401,000 permanent residents in 2021, after the annual intake of immigrants nosedived by 45.7 per cent last year to just 185,130.

The 90,000 intake under the new program will account for almost a quarter of this year’s overall immigration goal.

With the border remaining closed to non-essential travel, many would-be immigrants who have already been granted permanent residence have been unable to come to Canada. 

It has prompted officials to shift gears and focus more on prospective candidates who are already in Canada and normally would face a lengthier process to qualify.

In February, Ottawa raised eyebrows when it issued 27,332 invitations — five times more than its previous high of 5,000 people — to hopeful candidates already living in this country.

Mendicino said these are unprecedented steps taken to create “the fastest and broadest pathways” for permanent residency and toward achieving the 2021 immigration level plan through a series of “smart choices.”

“We need workers who possess a range of skills in a range of sectors within our economy to keep it going forward and accelerate our economic recovery,” he said.

“We value those who are highly educated, those who are highly skilled, but we also need people who work in the agriculture sector and in trades and construction sector who provide manual labour to build our communities. For too long, we haven’t been able to provide these pathways.”

Among the 90,000 spots of the program, 20,000 will be dedicated for temporary foreign workers in health care; 30,000 for those in other selected essential occupations; and the remaining 40,000 for international students who graduated from a Canadian institution.

All candidates must have proficiency in one of Canada’s official languages, meet general admissibility requirements; be authorized to work and be working in Canada at the time of their application to qualify. Migrants who are already out of legal status won’t be eligible.

To promote Canada’s official languages, three additional streams have also been created for French-speaking or bilingual candidates, with no intake caps.

The business community welcomed the new immigration pathways, saying the newcomers will strengthen Canada’s economy when they are needed most.

“They fill labour-market shortages, offset our aging population and broaden the tax base, thereby helping fund social and public services,” said Goldy Hyder, president and CEO of the Business Council of Canada, whose members represent all major industries in the country.

“COVID-19-related restrictions have hit Canada’s immigration system hard, significantly reducing the number of newcomers entering the country. The (immigration) minister’s plan addresses this challenge by welcoming urgently needed talent.”

Although the program opens up a short-term window for thousands of migrants who are able to meet restrictive criteria, advocates say it still maintains the fundamentals of the temporary immigration system that will continue to keep many migrants in limbo.

“This announcement is a start, but without fundamental change through granting full and permanent immigration status for all, it will simply not be enough,” said Syed Hussan, executive director of Migrant Workers Alliance for Change based in Ontario.

Mendicino said the immigration department has recently hired an additional 62 officers to boost its processing capacity and the new program will only accept applications online to allow remote processing by staff, most of whom are still working from home.

He said processing immigration applicants within and outside of the country are not mutually exclusive, and officials will continue to process applications of those who are abroad because Canada needs immigrants to fill labour market needs and replenish an aging population.

These special public policies, he said, will encourage essential temporary workers and international graduates to put down roots in Canada and help retain the talented workers in need in the country.

“Imagine you’ve been asked to bring in the greatest number of permanent residents in the history of the country. People could’ve said, ‘Put a pause on immigration.’ We said no, because we believed we need to continue to grow our economy through immigration,” said Mendicino.

“Newcomers create jobs. They create growth. They give back to their community. They are rolling up their sleeves and invested in Canada”


IRCC requirements and eligible occupation list:

New Brunswick: Some immigrants should get to vote in civic elections, group says

Personally, question how urgent a need this is when the path to Canadian citizenship is relatively easy and straightforward, one that will become more affordable when the government implements its election commitment to waive fees (or even if it does so partially):

A growing chorus of New Brunswickers is calling for giving some voting rights to immigrants who have obtained permanent resident status.

The New Brunswick Multicultural Council is leading the campaign to allow permanent residents to vote in municipal elections.

Moncef Lakouas, the council’s president, said he’s talked to municipal leaders and to many other citizens across the province and has found enthusiasm for the change.

“It’s not just permanent residents calling for this,” said Lakouas. “Many New Brunswickers, including elected officials, are saying, let’s do this.”

Permanent residents have many of the responsibilities and rights citizens enjoy, such as paying taxes and access to some social programs, but voting rights are not extended until citizenship is obtained.

Som Somaditya Das, a permanent resident living in Saint John, said permanent residents contribute so much to their communities, it only makes sense to extend voting rights.

“We are living here,” said Das.

“We are paying taxes. We are contributing to the growth and development of the economy of this region. We are contributing to the cultural landscape, to the social landscape. But we do not have any avenue so that our voice is heard, at least politically.”

But Lakouas said permanent residents can begin to contribute to the community politically before citizenship.

The council is focusing on an extension of voting rights in local elections, rather than provincial or federal ones, because of how direct the involvement of municipal governments are in newcomers’ lives.

Das said allowing permanent residents to vote could help increase diversity in municipal governments.

“We have different perspectives of people coming from different parts of the world,” said Das.

“They are different in their cultural background in their ethnic background. So we may not recognize their needs or the necessities in their lives unless we have a diverse representation in the government.”

The ball is now in the province’s court, as municipalities fall under provincial jurisdiction, so any change to voting rights would have to come from the province.

CBC News has reached out to the Department of Local Government and Local Governance Reform but has not heard back.

Lakouas said this is an opportunity for the province to lead the way.

“This is something that has not happened in Canada,” said Lakouas.

“We could lead first on it. We don’t have to wait for somebody else to do it and then learn from the process. We can lead the way and lead also all the marketing and the economic benefits that will come from it.”

Source: Some immigrants should get to vote in civic elections, group says

COVID-19 Impact on Immigration: October data

The latest October numbers for Permanent Residents, asylum seekers and study permits (international students). Unfortunately, the data tables for temporary residents have not been updated since August, and citizenship not since June.

Permanent residents

Overall, permanent resident admissions are down by 51.8 percent in October 2020 compared October 2019, and  42.9 percent year to date. Family and refugee categories have declined more than the economic category.

With respect to Provincial Nominee Program, declines have been less in Alberta and British Columbia than other provinces.

Transition from temporary residents to permanent residents account for close to 40 percent of total admissions in 2020 year to date, with the post-graduate work program and the International mobility program being relatively less affected that international students and the temporary foreign worker program (note some double counting between these programs and overlap with the Provincial Nominee Program). 

Asylum claimants have declined dramatically given travel and border restrictions (particularly airport arrivals), from an average of over 5,000 a month in 2019 to an average of less than 1,300 April to October 2020. Inland claims accounted for 56 percent of all claims in 2019, and for 81 percent April to October 2020. 

International students (study permit holders have declined from an average of 35,000 per month in 2019 (with summer seasonal peaks) to 27,000 April to October 2020, with some variation among countries of origin (citizenship) year to date as well as by province of destination.

This Ontario man has a warning for permanent residents: ‘Get your Canadian citizenship’

Good advice. Other advice, always travel with photocopies of key documents as having their numbers can simplify things.

The other interesting question is why Ruijter’s didn’t bother getting a Canadian passport despite living in Canada for so many years, given the requirement to renew PR cards every 5 years (may not have been requirement in the 1960s):

For almost 60 years, Cornelis Ruijter has lived as a permanent resident in Canada, having immigrated to the country with his 14 brothers and sisters in 1961.

The Barrie, Ont., man never bothered becoming a full Canadian citizen, but after a theft abroad left him stranded in Europe for five weeks, he has some advice for any other permanent residents.

“Get your Canadian citizenship and get your passport,” he said.

Until last year, when he travelled out of the country, Ruijter would bring his Netherlands passport and his permanent resident card, getting around without fail.

But on Nov. 27, while on a family trip in Italy, he says a thief stole both documents.

The identification card Ruijter received when entering the country in 1961. (Marilyn Ruyter)

According to the Canadian government’s website, permanent residents are required to have their permanent resident card or a permanent resident travel document to enter the country.

“Once that’s gone, you’re not getting back into Canada,” he said.

After returning to his native country of the Netherlands, tracking down the right offices and filling out the required paperwork, Ruijter arrived back in Toronto on Jan. 7.

Now, he wants to share his experience with other permanent residents who haven’t made their citizenship official.

After a theft abroad left Cornelis Ruijter without his Netherlands passport or his Canadian permanent resident’s card, he began a difficult process to get back to the country, and his family. 0:32

After a few calls, he realized it would take some time to replace them and left his family vacation to go to the Netherlands.

He found out he’d have to travel to Vienna to get a new permanent resident card, so instead he went through the steps to get a new Netherlands passport.

After showing his few remaining pieces of ID — his driver’s licence and his health card —  officials there processed a passport and had it to him within a week.

The passport then had to travel to Vienna to get a permanent resident stamp so Ruijter could re-enter Canada.

‘It can take months’

According to immigration lawyer Mario Bellissimo, five weeks is a good news story for someone in Ruijter’s predicament.

“That’s as good as it gets,” he said.

“It can take months and months to get that documentation, so in his case, Netherlands acted quickly.”

Bellissimo said the loss of a permanent resident card can cause serious complications for travellers.

“When someone loses that card, they then have to move de facto to their original travel document, which would be the passport of a country they may not have lived in for 30, 40 years,” he said.

The reason for that, the lawyer said, is that authorities need time to confirm people are who they say they are if they don’t have formal documents.

Bellissimo has also seen cases of lost permanent resident cards in countries where it’s logistically much harder to get a replacement.

“Other countries … might not have the sophistication yet or the internal infrastructure to produce these documents in a timely way. He could’ve, if he was from another country, could’ve been sitting for many, many months; worst case scenario, years,” he said.

The lawyer’s advice if you’re eligible to become a Canadian citizen: Get your passport immediately.

“There’s still too many people that don’t access that right to apply for citizenship,” he said.

“Ultimately it gives you the ability to know that Canada is your permanent home, and in my view, especially with the trends in the world and what’s happening, there’s nothing more important than that for you and your family.”

‘We’re so lucky’

Back in Canada now, Ruijter and his siblings will be applying for citizenship right away.

“I plan on finishing that off and doing it,” he said. “It’s a warning for a lot of other people … if they ever lose that permanent resident card, they’ve got a problem.”

Ruijter’s wife, Marilyn Ruyter, is also relieved to have him home.

“We’re so lucky … Both of us have very large families, lots of friends, lots of contacts,” she said.

“I cannot imagine how somebody on their own could’ve done all this; it was extremely stressful.”

In the meantime, there are some perks to being back in Canada that Ruijter planned to enjoy immediately.

“It’s been a while since I’ve had a Timmies … and a good Canadian beer.”

Source: This Ontario man has a warning for permanent residents: ‘Get your Canadian citizenship’

Canada clamps down on ‘flagpoling’ with immigration restrictions at some border crossings

When regular channels don’t work or take too much time …:

Border enforcement officials have slowly — and quietly — restricted foreign nationals from validating their permanent resident status and processing work and study permits at land ports of entry in southern Ontario and Quebec.

The move to limit the immigration services at the land border has wreaked havoc for temporary residents in Canada who try to immediately obtain or renew their status by briefly travelling to the United States and back — a long-standing practice known as “flagpoling,” symbolizing applicants making a quick U-turn at flagpoles.

Under a pilot program launched last summer, the Canada Border Services Agency (CBSA) began to restrict “flagpoling” to Tuesday, Wednesday and Thursday each week at the Rainbow, Queenston-Lewiston and Peace bridges. It has since expanded to the Lacolle and St-Armand ports of entry in Quebec.

“This is unlawful because there is nothing in the law that authorizes CBSA to deny the processing of these applications for permits and landing documents,” said Barbara Jo Caruso, chair of the Canadian Bar Association’s immigration section.

“We appreciate that CBSA has 90 different legislations they need to adjudicate on. They have drugs and guns to deal with and immigration is one more thing. But these people are Canadian taxpayers and they are being denied services.”

Although members of the bar association were notified about the changes, Caruso said there has been no public notice issued and the border agency’s website includes no cautions about the pilot.

“Given the consequences, to say this is misleading is an understatement,” she said. “We think the oversight is deliberate because to post otherwise would be to publish a process that is contrary to the regulations.”

Flagpoling has been the preferred way to obtain and validate Canadian immigration status for those who are already in Canada because it typically takes less than 30 minutes for the border processing, allowing applicants to bypass the weeks or months for the immigration department to process the same application or schedule a permanent resident landing interview inside Canada.

The border agency said it has adopted the flagpoling pilot project in order to “mitigate” the high volume and excessive wait times at the land ports of entry due to flagpole cases from Friday through Monday. Last year alone, the agency’s southern Ontario ports of entry processed 4.5 million travellers at the Rainbow, Queenston and Peace bridges, with another 1.2 million at the St-Bernard-de-Lacolle and St-Armand/Philipsburg border entries.

It said the pilot allows unsuccessful flagpolers to re-enter Canada under their current immigration status and apply online, by mail or by making an appointment with the immigration department for processing within the country.

Those who choose to return to a port of entry between Tuesday and Thursday are also warned same-day processing is not guaranteed, pending traffic volume at the border, said Diana Scott, a spokesperson for the agency.

The pilot allows the CBSA to better manage its immigration-related services during peak traffic times while ensuring critical resources are focused on national security and trade priorities.

“The CBSA regularly reviews its operations and prepares operational plans to ensure maximum operational efficiency,” Scott said in an email. “There are no plans at this time to expand the operational model beyond Southern Ontario and Quebec.”

In a letter to Public Safety Minister Ralph Goodale and Immigration Minister Ahmed Hussen, the bar association said its members were “dismayed” by the extension and expansion of the pilot program. People often flagpole on weekends to avoid taking time off work or taking their children out of school, it noted.

“The refusal to process these requests at ports of entry can have a significant detrimental impact on an applicant’s ability to work or study in Canada, as well as on their health insurance coverage,” said the association.

Dan, who asked his last name be withheld for fear of repercussion by immigration officials, said his wife received her permanent residence visa under his spousal sponsorship before Christmas and the letter stated she had the choice of going to any port of entry to “land” or make an appointment at a local immigration office.

They decided to “flagpole” on New Year’s Eve, a Sunday, so she would be able to validate her status the same day and could apply for OHIP, a social insurance number and start looking for jobs without further delays.

“The booth officer politely said they don’t process the landings or work permits until Tuesday through Thursday, and sent us inside to see what they’ll say,” recalled Dan, a Canadian citizen who works in health care in Toronto.

“Inside there were three or four uniformed officers and a group of two clients just sitting down. In other words, not busy. But instead of being served, we were refused landing and handed a pamphlet about flagpoling, a term I wasn’t familiar with.”

The border agency allowed his wife to return to Canada as a visitor, as opposed to being a permanent resident, and weeks later the couple managed to get her an appointment to land at a local immigration office in the city.

“Why has CBSA decided to take this position? They were providing a convenient and efficient service, which I want more of from the public service, not less of,” said Dan. “I speculate that CBSA is unhappy doing ‘immigration’s’ work, but if the law says they have to, then don’t they have to?”

via Canada clamps down on ‘flagpoling’ with immigration restrictions at some border crossings | The Star

Transition from temporary foreign workers to permanent residents

Former Minister Alexander’s asserted before CIMM during its study of C-24 that:

…it’s very important to distinguish between the two different broad categories of status that non-Canadian citizens can have here. One is temporary resident status and the other is permanent resident status. We are saying that the time that will count toward citizenship is permanent resident status. We don’t want those lines to be blurred. (28 April 2014)

This latest Statistics Canada belies that dichotomy, as do IRCC’s Open Data data sets (my chart below based upon this series – Transition from Temporary Resident to Permanent Resident Status.

There were 310,000 temporary work permit holders on December 31, 2015, accounting for 1.7% of the national employed workforce. The number of TFWs has more than quadrupled since 2000 (Immigration, Refugees and Citizenship Canada 2017).

Over the 2000s, immigration to Canada was increasingly drawn from TFWs. For instance, the proportion of newly landed adult immigrant men already holding a job in Canada rose from 16.3% in 1999 to 28.9% in 2010. Most of this increase consisted of immigrants who had high-paying jobs in Canada before attaining permanent resident status.

About 9% of TFWs who came to Canada between 1995 and 1999 became permanent residents within five years of receiving their first work permit. This was the case for 13% of those who came to Canada between 2000 and 2004, and for 21% of those who came between 2005 and 2009.

Most transitions from TFW status to permanent resident status occurred within the five years following receipt of the first work permit. The rate rises another 1 to 3 percentage points by the 10th year, with little increase observed thereafter.

Transition rates

The rate of transition to permanent residence varied by type of work permit. Among those who came to Canada between 2005 and 2009, the five-year transition rate was highest among those in the Live-in Caregiver Program (LICP), at 56%, and the Spouse or Common-law Partner category, at 50%. The lowest rates for transition to permanent residence were among those in the Seasonal Agricultural Workers Program (SAWP), at 2%, and the Reciprocal Employment category, at 9%.

A large difference in the transition rate by type of work permit is a result of government policy. For example, while all those in the LICP are allowed to apply for permanent residence after two years of full-time work as domestic workers, SAWP workers have no dedicated stream for transition, and may only be employed for a maximum of eight months per year. Their SAWP permits, however, can be renewed over many years.

Source: Transition from temporary foreign workers to permanent residents

The Deported: Hundreds of B.C. criminals without citizenship shipped out

Underlying logic undermined by blind application to those who have spent most of their life in Canada, where their criminality developed:

The 2013 legislation means any permanent resident sentenced to six months or more can be deported with fewer avenues of appeal. The old threshold was a two-year court sentence and more chances to appeal.

CBSA statistics show that the new rules have had the intended effect.

The total number of criminals deported from the Pacific region in 2011, 2o12 and 2013 was 174. Over the subsequent three years,  276 people were deported from the region for their criminal history.

Some have been high-profile gangsters like Barzan Tilli-Choli, of the United Nations gang, who was sent back to Iraq in January after serving almost eight years for plotting to kill the Bacon brothers. He came to B.C. as a teen in 1999.

Others, like Van Heest, suffer from serious mental health issues that contributed to their criminality.

Many of those affected have been in Canada since early childhood, but their caregivers never obtained citizenship for them.

Somebody dropped the ball, whether it was the parent or the state if they ended up being a ward,” Golden said.

In Van Heest’s case, his family thought he was automatically a Canadian.

“By the time he was an adult and could have (applied for citizenship), he couldn’t because he had the (criminal) record and he was also dealing with a mental illness that was untreated,” Golden said.

Critics say the new rules are unforgiving and don’t look at the individual circumstances of those ordered out of Canada for criminality.

Conservative MP Michelle Rempel said she supported the legislation in 2013 and still supports it today. And she thinks the majority of Canadians do, too.

“The primary responsibility of legislators is to keep the Canadian population safe, so that’s really … why we made these changes in 2013,” she said.

Focusing on any specific case, including Van Heest’s, is the wrong approach, Rempel said.

“Where I think we go off the rails is when we look at one case in a vacuum, or talk about taking away the personal responsibility component from criminal actions.”

CBSA communications officer Kristine Wu said the agency places “the highest priority on removal cases involving national security, organized crime, crimes against humanity and criminals.”

“Everyone ordered removed from Canada is entitled to due process before the law,” she said. “Our position is clear: Once all avenues of recourse are exhausted, the person must leave Canada or be removed.”

One of those the CBSA is currently trying to deport is long-time Kelowna resident David Roger Revell, a former Hells Angel associate convicted in 2008 of conspiracy to traffic cocaine after a massive RCMP undercover operation targeting the biker gang. He was sentenced to five years.

Then in 2013, he pleaded guilty to two assault charges in a domestic violence case involving a former girlfriend and was sentenced to two years probation.

Revell, a father and grandfather who now works in Alberta, was born in England and was brought to Canada as a 10-year-old in 1974. Like Van Heest, he never got Canadian citizenship. Unlike Van Heest, his convictions are unrelated to mental illness.

Revell argued to the Immigration and Refugee Board last year that he never would have pleaded guilty in the assault case if he had known it would lead the CBSA to renew a review of his admissibility that had been on hold after the 2008 conviction.

“According to Mr. Revell, he pled guilty to simply put an end to proceedings that were requiring him to travel back and forth from Fort McMurray to Kelowna,” Immigration and Refugee Board member Marc Tessler noted in a July 2016 ruling. “According to Mr. Revell, if he had received a warning letter, he would never have pled guilty.”

Tessler agreed with Revell’s evidence that his deportation to England would have a “profound” impact on him.

“He has lived in Canada for 42 years and has only known Canada as home,” Tessler said.

But Tessler rejected Revell’s claims that his Charter rights had been violated and ordered him deported.

Revell has now asked the Federal Court to review Tessler’s decision. A hearing is set in Vancouver for May.

Revell’s lawyer Lorne Waldman said he plans to again argue that his client’s Charter rights would be violated by his deportation and that “Canadian jurisprudence should begin to acknowledge that it is just unacceptable to remove someone from the only country he’s ever really known.”

“The issue now that is coming before the court is: Are there circumstances in which it might be a violation of a person’s right to life, liberty and security of person to send that person away from a place where he has lived most of his life?”

Waldman, who is based in Toronto, said he has been inundated with calls from people living in Canada for decades who now find themselves in a similar situation to Revell and Van Heest.

“What they’ve done is they have significantly increased the number of long-term permanent residents that are being deported because the threshold now is so low,” he said. “It has had a fairly dramatic impact and that’s why we are seeing such a large number of cases now moving forward.”

Source: The Deported: Hundreds of B.C. criminals without citizenship shipped out | Vancouver Sun

Some permanent residents of Canada can be barred from U.S. under Trump order

Too early to tell, but stories will emerge about the extent whether the waiver is being consistently applied or not (and important that Canada is appears to be the only country to have obtained such a waiver):

Permanent residents of Canada with citizenship from any of six Muslim-majority countries can be denied entry to the United States under the new version of U.S. President Donald Trump’s travel ban.

After Trump issued the first version of the 90-day ban in January, federal Immigration Minister Ahmed Hussen said he had been assured by the White House that permanent residents could go to the U.S. as usual. But the language of the second version is not nearly so straightforward.

The revised ban, signed by Trump on Monday, explicitly says that a “landed immigrant” from Canada needs to apply for a “waiver” that “may” be granted, on a “case-by-case basis,” at the discretion of a consular officer or another official from U.S. Customs and Border Protection.

It is not yet clear how strict or generous the U.S. government will be in giving such waivers to people applying at consulates in Canadian cities — or whether there will be any consistent policy at all.

“Canada will work with its counterparts in the United States to clarify the impacts of this order on Canadian citizens and Canadian temporary and permanent residents,” a spokesperson for the immigration ministry said Monday.

Public Safety Minister Ralph Goodale told reporters Monday that the waiver requirement “would not substantially change the process” for permanent residents from the six countries, since they already had to apply for a visa to enter the U.S. A top Canadian immigration lawyer, though, said other kinds of waivers often take much longer to obtain than visas.

Waivers for Canadians with criminal records, for example, currently take about six months to process, said lawyer Lorne Waldman. While the U.S. might create a faster process for this new kind of waiver, he said, the existing process is the best guide for now.

Trump’s order says waivers “could” be granted. The general requirement: “the foreign national has demonstrated to the officer’s satisfaction that denying entry during the suspension period would cause undue hardship, and that his or her entry would not pose a threat to national security and would be in the national interest.”

Despite the waiver requirement, Canada is still getting privileged treatment in the new order. There is no explicit waiver provision allowing entry by permanent residents of Australia or the United Kingdom.

The new order bans all refugees for 120 days and visitors from Syria, Sudan, Iran, Somalia, Libya and Yemen for 90 days. It does not affect dual citizens of Canada and the affected countries, such as Iranian-Canadians and Syrian-Canadians, who are still allowed to travel to the U.S. with their Canadian passports.

The revised ban was immediately blasted by civil liberties and human rights groups as bigoted and unconstitutional; the American Civil Liberties Union called it “Muslim Ban 2.” But it represents a major concession from a president who had mocked a “so-called judge” for putting it on hold, then defiantly promised in a tweet to “SEE YOU IN COURT” after he lost on appeal.

“The president has capitulated on numerous key provisions that we contested in court about a month ago,” Washington state attorney general Bob Ferguson, who challenged the original order, told reporters. “It bears pointing out that the administration, since that tweet, has done everything in its power to avoid seeing anyone in court when it comes to the original executive order.”

The new order is an attempt to impose a ban that can be seen to satisfy Trump’s campaign promises — first a “total and complete shutdown” on Muslim entry, then something he called “extreme vetting” — while also withstanding scrutiny from federal judges. Legal analysts said it has a much better chance in court than the vague and hastily imposed order of a month ago.

Unlike the original order, which took effect without any warning, this one is being introduced with a 10-day grace period — though Trump had defended the rapid introduction of the original order by saying that, “If the ban were announced with a one week notice, the ‘bad’ would rush into our country during that week.”

The new order excludes Iraq, whose inclusion in the first order was especially controversial because it harmed military interpreters and others risking their lives to work with the U.S. military. While the initial order singled out Syrian refugees for an indefinite ban, the revised version subjects them to the same four-month ban as other refugees.

Attempting to weaken the case that the policy amounts to anti-Muslim discrimination, the new order eliminates special treatment for refugees who are religious minorities in their home countries, a provision widely seen to be aimed at Christians.

Source: Some permanent residents of Canada can be barred from U.S. under Trump order | Toronto Star

About 1,400 immigrants a year ordered removed from Canada for residency non-compliance

While the number is relatively small compared to the average 260,000 immigrants (0.5 percent), it is nevertheless significant and part of ensuring overall credibility and support for immigration, another legacy of the Conservative government that should continue.

Hard to understand the regional differences between Montreal, Toronto and Vancouver. Do these represent the different source countries or are there some CBSA management differences?:

An average of about 1,400 Canadian immigrants are intercepted at the border each year and ordered removed from the country for not fulfilling their residency obligations, the Star has learned.

Although these newcomers can appeal to a tribunal to restore their permanent resident status under humanitarian considerations, only one in 10 succeeds in the process, according to government data.

“The tribunal is supposed to be immigrants’ last resort as the Parliament has given it the discretionary power to give immigrants a second chance if they breach the law,” said immigration lawyer Lawrence Wong, who obtained the data through an access to information request.

“But that second chance in reality is hard to come by. The national sentiment is pretty much the same. If you are an immigrant, don’t make a mistake. If you do, we want to see you kicked out.”

It’s believed to be the first time data about the loss of permanent residency at ports of entry has been made public, revealing the extent of residency noncompliance among immigrants trying to get back to Canada after lengthy stays overseas, said Wong.

Canada’s immigration law requires permanent residents to be physically present in Canada for at least 730 days in every five-year period in order to maintain their status. Otherwise, their residency will be revoked.

According to the Canada Border Services Agency, on average 1,423 permanent residents a year were stopped at the border for failing the requirement from 2010 to 2014, the most recent statistics available. During the period, Canada accepted some 260,000 newcomers annually.

The number of removal orders issued against these individuals had risen sharply to 1,413 in 2014 from 605 in 2008, when former Conservative Immigration Minister Jason Kenney took over the department and cracked down on fraud.

Across Canada, Quebec had the highest detection rate; more than a third of the removal orders were issued in the province against the non-compliant immigrants returning to Canada.

Between 2008 and 2014, a total of 3,575 immigrants were slapped with removal orders for residency non-compliance at Pierre Elliot Trudeau airport in Montreal, dwarfing the 439 and 972 people respectively intercepted at Toronto’s Pearson airport and the Vancouver International Airport.

The numbers do not include those who had their permanent residency revoked due to criminality and misrepresentation, who were refused travel documents to return to Canada or who applied to voluntarily relinquish their permanent residence.

While all these immigrants who lost their status can appeal to the immigration appeal division based on errors in law or humanitarian and compassionate grounds such as hardship from separation with family in Canada, the border services agency data show their success rate hovers at about 10 per cent — and has declined in the past few years.

Those who successfully restored their permanent resident status dropped significantly from 127 or 17 per cent of 746 appellants in 2008 to 78 or 7.7 per cent of 1,008 people in 2014.

“Once you are issued a removal order, the chances of saving your permanent status are really very limited,” said Wong.

 Source: About 1,400 immigrants a year ordered removed from Canada for residency non-compliance | Toronto Star