Todd: Can Ottawa solve the problem of millions of expiring Canadian visas?

More commentary on immigration policy and program failures:

…How did we get to this muddled state, where the government admits the numbers are out of control — and that it can’t even track, let alone control, the movement of hundreds of thousands, if not millions, of the country’s guest workers and foreign students?

In 2019 I wrote an optimistic column about how the Canada Border Services Agency was going to bring in “exit controls” to help fix our infamously leaky borders.

The upshot was that proper exit controls would increase the likelihood officials catch homegrown terrorists, individuals who illicitly take advantage of taxpayer-funded health care and, particularly, people who overstay their visas.

The plan was to better track when people leave the country by land, sea or air — using techniques long in place in Australia, the U.S. and the European Union. But even though upgraded exit controls were instituted in 2019, they have not made an obvious difference in compelling people to follow the rules regarding how long they can stay in the country.

To add to the disorder, 2024 had a drastic rise in the volume of temporary residents — 130,000 — trying to overstay their work and study visas by applying for refugee status. That’s up from 10,000 less than a decade ago. The asylum claims process can take several years.

In response to questions from Postmedia, the CBSA said it does what it can to monitor and penalize people who overstay. Specifically, officials said that for various reasons it issued more than 3,700 “removal orders” in 2024, compared to 1,517 in 2020.

Sam Hyman, a retired Vancouver immigration lawyer, said Canada, unlike many countries, doesn’t have exit immigration controls that require all travellers who leave to be examined and their departure confirmed. But, he said, there is a certain degree of border-crossing monitoring.

Vancouver lawyer Richard Kurland, publisher of a monthly migration newsletter called Lexbase, says more rigorous entry and exit controls, while useful, won’t solve Canada’s border crisis alone.

He’s more concerned the government is trying a number of strategies to avoid taking blame for the migration turmoil, first by “denying” it, then by “distracting” from it and now by “repackaging” it, while making new promises.

After Trudeau spent years accusing critics of his high migration policies of being xenophobic or racist, Kurland said he and Miller last year “did a 180 (degree turn) and offered a mea culpa,” admitting to overshooting.

However, they then compounded their blundering, Kurland said, by promising temporary residents who overstay their visas a general amnesty.

“But when you have immigration amnesties, why obey rules, when all you have to do is to hide and wait for the next amnesty?” Kurland said. After the public rose up in criticism, Kurland said the Liberals had to pull back their scheme.

“We are left with the chicken in the python,” Kurland said, “which will be a ticking immigration time bomb for whoever replaces the Trudeau government.”

Source: Can Ottawa solve the problem of millions of expiring Canadian visas?

Growing number of migrants renouncing Canadian immigrant status | Vancouver Sun

Solid rationale for many of these permanent residents doing so, but does beg the broader question of how this benefits Canada, beyond more pressure on the housing market and increased school and university enrolment.

To give context, the total number of Permanent Residents for the period 2006-15 is:

  • India: 323,785
  • China: 290,933
  • South Korea: 53,785

Thousands of permanent residents are renouncing their opportunity to immigrate to Canada — for reasons ranging from a dislike of the cold to a desire to avoid Canadian taxes.

More than 21,000 people with permanent resident cards who had the opportunity to become Canadian citizens have turned their back on the quest in the past two years. The highest number of  “renunciations” are from citizens of China, India and South Korea.

People who renounce their permanent resident status no longer have to prove they’re spending significant time in Canada when they cross the borders or fly into an airport, say immigration lawyers in Vancouver.

Nor do Canadian immigration process dropouts have to give up the passport of their homelands, where many continue to work or run businesses. And they are not expected to declare their foreign assets to Canada Revenue Agency.

“Renunciations are growing in number and will likely remain high,” says an internal report from Canada’s immigration office in Shanghai, China, the largest source country for immigrants to B.C.

“Many people are renouncing five years after landing (in Canada), rather than renewing their permanent cards, as they are working in China and do not meet residency requirements,” says the internal report, published in the Vancouver newsletter Lexbase.

“Their children often remain in Canada to complete school and to begin their careers.”

According to three Vancouver immigration lawyers, many people who renounce their permanent resident cards continue to return to gateway cities such as Vancouver and Toronto to visit their families as temporary visitors, especially on the increasingly popular 10-year visas.

“They were getting picked off at Vancouver airport for failure to meet residency requirements. This way they can avoid that problem and still come here,” said B.C. immigration lawyer Sam Hyman, noting the strong majority of migrants to Metro Vancouver are from Asia.

People with permanent resident status in Canada are required to spend two years out of every five in the country.

Vancouver immigration lawyer Jeffrey Lowe said many people who renounce their permanent status are breadwinners who cannot meet Canada’s two-year-residency requirement because they hold down jobs elsewhere, typically earning more money in their homeland than they believe they could in Canada.

A large number of these are so-called astronaut parents, who work offshore while their spouses and school-attending children remain in Canada, usually in urban centres, and own residential property, say the immigration lawyers.
The rapid rise in renunciations began in 2015 after then-immigration minister Chris Alexander, of the Conservatives, changed the rules to make it easier to voluntarily withdraw from the immigration process.

In the two years up to September of 2016, Citizenship and Immigration Canada figures show there were 5,407 renunciations by citizens of China, 2,431 by citizens of India, 1,681 by South Koreans, 1,416 by Britons and 1,129 by Taiwanese.

“A lot of people with permanent resident status have wanted to get their family and wealth transferred into Canada,” said Hyman.

“Some have bought multiple properties. By renouncing their permanent resident status they can stay below the radar and avoid Canadian taxes,” he said.

“They can visit Canada whenever they want on a 10-year visa. Why would they want anything else?”

Another reason foreigners renounce the Canadian immigration process, according to Hyman, is so family breadwinners won’t have to give up their passport and citizenship privileges in economically vibrant homelands like China and South Korea.

China and India do not allow their citizens to hold two passports, and South Korea only in rare cases.

Lowe says he expects renunciations to jump even more since the federal government in November began requiring a new customs document for some travellers, called ETA, or electronic travel authorization.

Foreign nationals from certain countries can’t obtain an ETA if they are a permanent resident or if they are non-compliant with the terms of their residency card, Lowe said. As a result they’re not allowed to board a plane to come to Canada.

Given that problem, Lowe said many would-be immigrants choose to renounce their residency status and instead simply apply for temporary visas to Canada.

Richard Kurland, author of the Lexbase newsletter, said it’s become common for breadwinners to bring their entire family to B.C. as permanent residents and then to decide “either it’s too cold or there’s no way I’m going to file an income tax return and report my global interests and property and pay taxes in Canada on that. I’m returning to my country of origin.”

In many cases, Kurland said, just the spouse and children who physically stay in Canada for five years end up being the ones who become Canadian citizens.

Source: Growing number of migrants renouncing Canadian immigrant status | Vancouver Sun