Suleman: Canada’s immigration processes need open and independent oversight

2022/06/10 Leave a comment

Not sure that adding another layer will make a significant improvement, rather then improving the annual report to parliament. But understand the frustration over some of the opacity of the government and IRCC:

I am joining the calls for an arms-length watchdog position to be created that monitors IRCC and reports annually to Parliament. The purpose of such oversight is to further scrutinize how IRCC is functioning and meeting its stated program delivery and budget goals. Canadians and those who apply to immigrate to Canada deserve more transparency than the minister and IRCC are offering.

Proposed Immigration and Refugee Protection Act (IRPA) amendments will permit the minister to further specify and target immigration applicants under various economic classes. The applicants, mainly skilled and economic immigrants, currently apply through an online portal to enter an express entry selection pool. Ministerial instructions from the minister then instruct who gets selected.

This “pool” approach replaced the “stand in line and wait” approach, since IRPA was enacted in June 2002.

Pre-2002, the minister had to process them, no matter how long it took. The post-2002 pool approach lets the minister control inventories by choosing from those who express interest. It is only after they are chosen that they become applicants.

For the pool approach to work, the minister was granted special “ministerial instructions” powers, which permitted the minister to avoid Parliamentary approval and set selection criteria. The oversight mechanism envisioned was that the minister would report to Parliament annually, after the fact.

The ministerial instruction process was touted as being timely, nimble, targeted and transparent. If the 2022 proposed changes are passed, the minister could further micro-target immigrant selection by occupation, skill level, experience, source country and proposed Canadian city of settlement.

Alarm bells began to ring loudly as the Senate Standing Committee on Social Affairs, Science and Technology began hearings on the proposed changes to the minister’s powers in early May 2022. Did the minister have too much power to issue selection instructions? What were the oversight mechanisms and were more required?

My view is that the minister needs more oversight, but I am not alone in this view. In August 2012, the Canadian Bar Association (CBA) passed Resolution 12-06-A, which notes that, while ministerial instructions can increase the speed with which changes to Canada’s immigration system can be implemented, they “also decrease the system’s predictability and transparency.”

The resolution stressed that the former approach of regulatory amendment by Parliament struck the “appropriate balance between flexibility and predictability.” In February 2013, the CBA passed Resolution 13-04-M urging the federal government to not use omnibus legislation to “enact substantive legislation.”

In November 2013, the CBA wrote to the Senate and again noted that the ministerial instruction process thwarted the “certainty of selection” on which “people plan their lives.” Before the minister was to be granted any more powers, the CBA sought public, meaningful and substantive consultations.

IRCC views reporting to Parliament, after ministerial instructions have already been implemented, as a check and balance on ministerial power. Clearly this is not the case. After-the-fact reporting cannot replace going to Parliament and seeking permission before substantial new selection criteria are implemented.

Most Canadians now accept that bringing more immigrants to Canada is a fundamental part of Canada’s economic and social policy. We need to make sure that the selection processes are not left to ministerial fiat, but rather, are subject to sufficient oversight not only by Parliament but also by an independent scrutineer who reports to Parliament annually. •

Source: Canada’s immigration processes need open and independent oversight

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Virtual citizenship ceremonies coming for new Canadians whose dreams were crushed by COVID-19

2020/06/05 Leave a comment

Needed albeit imperfect compared to in-person ceremonies:

Citizenship tests and ceremonies have been cancelled for more than two months because of the global pandemic — but newcomers could soon be taking their oaths online through virtual citizenship events.

On March 14, Immigration, Refugees and Citizenship Canada said it would cancel the ceremonies “until further notice.”

Dhiti Nanavati has been working hard for years to reach her “life goal” of becoming a Canadian citizen. The Toronto-based software company marketing manager said she was deeply disappointed when her scheduled March 27 ceremony was called off.

“I was really looking forward to becoming a Canadian citizen and not knowing when the oath ceremony will take place is naturally very distressing,” she said.”A lot of personal sacrifices have gone into making this a reality and the uncertainty about the ceremony is unsettling. It’s like you’re almost at the finish line of a race, only to be told you have stop because the race is cancelled.”

She said she would welcome an online option. She may soon get one.

In a statement to CBC, the department said the citizenship ceremony represents “the culmination of years of hard work for new Canadians and their families.” It said it will begin scheduling virtual ceremonies, starting with those who already had ceremonies scheduled and have a pressing need for Canadian citizenship.

“IRCC will then work to implement virtual citizenship ceremonies for other cases as quickly as possible,” it said.

Since the pandemic hit, IRCC has considered granting citizenship only in exceptional cases, to people who need it for employment or essential travel.

Last month, University of Manitoba researcher Adolf Ng, who is working on a study related to supply chain management issues during the pandemic, became the first person to be awarded Canadian citizenship through a virtual ceremony.The government says it’s working out a way to administer the ceremonies that protects the integrity of the legal process and also reflects the significance of the occasion. No firm timeframe has been established.

Andrew Griffith — author, fellow of the Canadian Global Affairs Institute and a former senior immigration official — said that in a pandemic climate, virtual ceremonies are probably the most efficient and practical way to avoid a growing backlog of citizenship cases. No one who has paid the fees and passed the tests should be forced to wait, he said.

But Griffith said something will be lost in the translation from an in-person ceremony to an online one.

“I think there’s something particularly special about when the group of 30 or 40, or however many there are, actually sit down together, look around the room and see the diversity of the people who are applying for Canadian citizenship and take the oath as a group,” he said.

Typically, a person takes the solemn oath before a citizenship judge or official, usually in a group setting. Taking the oath of citizenship is the final legal requirement that applicants older than 14 years old must meet to become Canadian citizens.

A sense of security

“It gives you that security,” Griffith said, adding that a sense of security “is pretty valuable, given the state of the world right now.”

Vancouver-based immigration lawyer Zool Suleman said those who have “gone through all the hoops” to become a Canadian should be granted citizenship, even during a pandemic.

Despite global travel restrictions, some people may still need to obtain passports quickly for essential work or other types of travel, he said. Others, he said, might have other reasons for not wanting to wait to obtain their citizenship — tax reasons, for example, or a wish to relinquish citizenship in another country.

“There could be financial reasons, or purely political or social reasons,” he said.

Suleman agrees that the communal experience of becoming a Canadian is precious, but he predicts people will find their own ways to mark the special day.

“Legally, it will all be the same,” he said.

Once people get to the point of taking the oath at a citizenship ceremony, they’ve already checked off a number of other requirements regarding residency and language. They’ve also passed a test on Canadian history and values and paid fees of $630 each.

Stuck in limbo

Citizenship comes with the right to vote and apply for a Canadian passport. Some jobs, including employment with the Canadian Armed Forces, require citizenship.

Last year, nearly 250,000 people became Canadian citizens.

Yasir Naqvi, chief executive officer of the Institute for Canadian Citizenship, said that final step of taking the oath provides a profound sense of belonging. It’s also a way for people to express affection for their adopted home, he said.

“They understand why the process is halted at the moment, but at the moment the delay is a source of anxiety because they want to become Canadian citizens and move on with the next chapter of their life as a Canadian,” Naqvi said.

Soran Kareem of Hamilton, Ont. arrived as a refugee from the Kurdistan region of Iraq five years ago.

He said 2020 was shaping up to be a joyous year: his college studies were wrapping up, his son was learning to walk and he and his wife were on their way to becoming Canadian citizens.They filed their applications in October 2019 but are now in limbo due to delays caused by the pandemic.

“We have been living in stress and uncertainty because we do not know when we can do the test and the ceremony,” he said.

“My wife and I have a lot of stress and worry about this situation because we have many plans (for) when we get the citizenship, especially for studying and moving to another city. We cannot do anything because we do not want to change our address. That could make the citizenship process longer.”

Kareem said allowing people go through the citizenship process online could put to rest many of those concerns.

Parvinder Singh of Toronto took his test on March 10 and hasn’t heard anything since. He said he understands the unprecedented situation officials are dealing with but hopes the government will act fast to help those waiting for citizenship.

“It’s a long process and just coming on to the last point and finding yourself stuck is frustrating,” he said.

Source: Virtual citizenship ceremonies coming for new Canadians whose dreams were crushed by COVID-19

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New rules make it ‘nearly impossible’ for employers to keep foreign graduates on staff

2015/12/15 1 Comment

The Liberal government will likely look at this issue as part of reviewing the overall Express Entry point system, along additional points for family siblings and restoration of pre-Permanent Resident time credit:

When Jorge Amigo chose to come to Canada for university, he hadn’t expected to want to spend his life here.

“My decision to come here as a student had nothing to do with immigration,” says Mr. Amigo, 33, who’s from Mexico City. “But after living here for a few months, I realized I loved this place and I wanted to stay.”

Before Ottawa’s points-based Express Entry system was introduced on Jan. 1, international students with a year of Canadian skilled work experience were almost guaranteed to stay by getting permanent residency under the Canadian Experience Class (CEC). But with the change, Mr. Amigo – who has bachelor’s and master’s degrees from the University of British Columbia, an impressive post-graduate résumé and a job with a booming Vancouver-based tech company – fears he may have to leave when his work permit expires in June.

With the new system, it’s nearly impossible for most international student graduates such as Mr. Amigo to get permanent residency under Express Entry – unless their employers can prove that no Canadians can do the job, immigration lawyers say.

“Tens of thousands of students are now heartbroken, stressed and don’t know what to do with their lives because they were misled by the government,” says Vancouver immigration lawyer Zool Suleman. “Employers are looking to lose a group of well-educated students who would be a benefit to the labour market.”

The online system, intended to eliminate a massive backlog of immigration applications from outside of Canada, now makes students compete in a points-based system with everyone else trying to get permanent residency.

“They shouldn’t have included [the CEC] in the Express Entry system because there never was a backlog with it – they never even met their quotas,” says Matthew Jeffrey, an immigration lawyer in Toronto. “These are the ideal immigrants because they’re educated in Canada and they have skilled work experience in Canada and they usually still have that job – they hit the ground running.”

Under Express Entry, applicants get points for education, age, work experience and their skills in English and French. If an applicant’s points are over the minimum score set by the government, they’re invited in.

“The problem for people who came in as students is they can’t rank very highly in the pool,” Mr. Jeffery says, a Toronto immigration lawyer. “They’re young and they only have a year or two of work experience, so their score from the beginning is going to be low.”

Source: New rules make it ‘nearly impossible’ for employers to keep foreign graduates on staff – The Globe and Mail

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