Canada’s Recent Election and How the Results Could Affect Immigration
How Canada’s Liberal Minority Government Will Shape Future Immigration Legislation
Now that the Canadian federal election has come and gone, whether or not the re-elected Liberal Party will fulfill their election promises – particularly those related to immigration – are at the top of many Canadians’ minds.
The Liberal Party led by Prime Minister Justin Trudeau was voted back into office during the October 21 election, winning just enough seats to form a minority government.
Immigration Minister Ahmed Hussen was also re-elected in his Ontario riding of York South—Weston.
Now, the question is, how will these election results affect immigration? This is where things can get tricky.
With minority governments, the party in power becomes reliant on other parties for their support in order to pass legislation.
This means that the Liberals would require support from the Conservative Party, New Democratic Party (NDP), or Bloc Quebecois in order to pass important immigration legislation.
Liberal Party’s Stance on Immigration
But where do the Liberals actually stand on the topic of immigration?
Prior to the election and during their campaign, the Liberal Party publicly discussed the role of immigration regarding economic growth and vowed to take steps towards increasing economic immigration.
In fact, the Liberal Party pledged to bring in an additional 350,000 to 400,000 immigrants per year by 2021. This applies to all classes of immigration, including economic class, family class, and humanitarian class.
These numbers could continue to increase past 2021 if the Liberals are able to garner support from other parties.
The Liberals also allocated $1.2 billion towards enhanced border security and refugee processing in their most recent budget, stating that the funds would be used to help address a backlog of refugee claims.
In regards to their election platform, the Liberals included several promises regarding immigration, including:
- Making modest increases to immigration numbers
- Making the Canadian citizenship application process free for permanent residents
- Making the Atlantic Immigration Pilot permanent
The Liberal Party also vowed to establish a new immigration program called the Municipal Nominee Program.
The aim of the program is to allow smaller cities and towns who don’t typically benefit from immigration to sponsor newcomers to immigrate to their communities in order to fill gaps in their labour markets.
This program would provide these municipalities with up to 5,000 new spots for permanent residents every year.
The Liberal’s promising immigration plans are good news for prospective newcomers but are unlikely to affect immigrants who have already settled in Canada.
Even still, only time will tell whether or not these plans actually unfold, and if we will see immigration numbers increasing to the benefit of Canada’s economic growth and prosperity.
Guide on How to Immigrate to Canada As an Asylum Seeker
Breaking Down the Refugee Application Process
When escaping violence and persecution in your home country, Canada often seems like a safe haven where you can get a fresh start. But during this stressful time, navigating the refugee process can be stressful and confusing.
To help you during this trying time and give you a better understanding of your options, we have outlined the process of coming to Canada as a sponsored refugee or seeking asylum from inside Canada and compare the differences between the two channels.
Refugee Vs. Asylum Seeker
If you are someone who has fled your home country due to a well-founded fear of violence or persecution and are unable/unwilling to return and are seeking protection in Canada, you will be classified as a refugee once your refugee claim is accepted.
An asylum seeker, on the other hand, is an individual seeking international protection whose claim has not yet been decided on by the country they have requested asylum in.
Not all asylum seekers end up becoming officially recognized as a refugee, however, every refugee starts out as an asylum seeker.
How to Come to Canada as a Refugee
In order to obtain refugee protection in Canada, you must first make a refugee claim either in or outside of Canada.
You can make a refugee claim in Canada at any port of entry when you arrive by land, boat, or plane, and the Canada Border Services Agency (CBSA) will decide if you are eligible to make a refugee claim in Canada.
If you are being sponsored by the Canadian government or a private group, you can make a refugee claim outside of Canada.
Private Sponsorship
Private sponsorship is where a private organization such as a church or community group takes responsibility for refugees coming to Canada.
Private sponsors will help refugees throughout the entire asylum process, from filling out paperwork and providing guidance and emotional support to assisting them integrate into Canadian society and finding them living accommodations when they arrive.
Private sponsors will also contribute financially to refugees’ travel, accommodation, food, and other living expenses for either 12 months or until the refugee has become self-sufficient.
Government Sponsorship and Financial Support
In order to be eligible for sponsorship from the Canadian government, you must be referred for resettlement by the United Nations Refugee Agency (UNHCR) or another organization. You will not be able to apply by yourself.
Once accepted, you will be able to come to Canada as a government-assisted refugee and receive support for up to one year from the date of your arrival, or until you are able to support yourself, whichever comes first.
The support you will receive from the government includes:
- Allowances for food and clothing
- Income support
- Temporary housing
- Help to find employment
- Help to find permanent housing
- Orientation to Canada and your new community
Criteria for Coming to Canada as a Refugee
Canada offers refugee protection to individuals who have been forced to leave their country of origin to fear of persecution or danger. Examples of danger that you would face includes:
- Torture
- Risk of death
- Risk of cruel and unusual treatment or punishment
If you feel like you may be at risk of any of the above examples should you return to your home country, you may be eligible for refugee protection in Canada.
However, not everyone is able to make a refugee claim. A person is not eligible for refugee protection if:
- You have made a refugee claim in Canada before;
- You have already been recognized as a refugee in another country that is considered safe for you to return to;
- You arrived in Canada by coming through a designated “safe third country;”
- You were found to be inadmissible on the basis of security, serious criminality, organized criminality, or violating human or international rights.
Safe Third Country Agreement
The Safe Third Country Agreement is an agreement between Canada and the United States that requires asylum seekers to make a refugee claim in the first safe country they arrive in.
So, for example, if you attempt to seek asylum in Canada after first entering the U.S., you will not be eligible for refugee protection and will have to return and file for protection in the U.S.
What Happens After You Apply for Refugee Protection
After applying for refugee protection, if you are found to be eligible for refugee status, you will be referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) to have your case heard at a refugee hearing.
By the end of your hearing, the IRB will have made a decision regarding your refugee status, and you will have your claim denied or accepted.
If your claim is accepted, you will receive Convention Refugee status, and will eventually be able to apply for permanent residency.
If your application is rejected, you have the option of appealing the decision.
Working with An Immigration Lawyer
If you are seeking refugee protection from within Canada, working with an immigration lawyer can be incredibly beneficial to the success of your refugee case.
An immigration lawyer will be by your side to provide guidance and support and help lead you through the refugee claim process. They will also help you prepare for your refugee hearing and gather all the necessary facts, information, and evidence to support your refugee claim.
How to Immigrate to Canada as a Spouse of a Citizen, Student, or Foreign Worker
Breaking Down Your Options for Immigrating to Canada
When Immigrating to Canada, there are several avenues you can take, however, the easiest and most common ways are to immigrate as a spouse, a student, or as a foreign worker.
However, that’s not to say that the immigration process itself is easy. When coming to any new country, figuring out the proper channels and immigration processes can be complicated and confusing.
To help you better navigate Canada’s immigration system, we’ve outlined the various avenues for immigrating to Canada via these channels along with the Visa and eligibility requirements and other relevant information you may find useful.
Coming to Canada as The Spouse of a Canadian Citizen
Getting Sponsored by Your Spouse to Become a Permanent Resident
If you have recently married a Canadian citizen but are from another country and wish to live in Canada with your new spouse, the first step is to apply for spousal sponsorship.
The Process
There are two ways to obtain spousal sponsorship in Canada.
If you are already living in Canada and have obtained a visa such as a work permit or study permit when you married your Canadian spouse, you will still have to apply for spousal sponsorship, but can remain in Canada as your sponsorship application is being processed. This is called inland spousal sponsorship.
If you are not living in Canada at the time of your marriage, you will have to apply for outland spousal sponsorship. This means you will apply for sponsorship while outside of the country and will not be able to move to Canada until your application has been approved and you have obtained a permanent residency visa.
Eligibility
In order to act as a sponsor, the Canadian spouse must be over the age of 18 and be able to prove they are financially secure and can support their partner for 3 years from when they become a permanent resident.
Both partners must also prove the validity of their marriage and provide evidence of a relationship beyond just a marriage certificate.
This includes:
- Filling out a relationship questionnaire
- Wedding invitations and photos
- Proof of joint assets
- Proof of marriage registration
- Other information that provides evidence of a relationship
Avenues for Coming to Canada as a Skilled Worker
If you have work experience and skills that you developed in your country of origin that you feel can translate well in the Canadian job market, immigrating to Canada as a skilled worker is an avenue you can explore. However, there are several different ways to go about it.
Federal Skilled Worker Program
The Federal Skilled Worker Program is a fast-track path towards immigration run by the federal government that uses the Express Entry system.
In order to pursue permanent residence in Canada as a skilled worker, you will need to make an expression of interest by creating an online Express Entry profile.
Based on the information that you have provided in your profile, you will be given a score that will determine how you rank among a group of other eligible candidates.
The highest-ranked candidates will be issued an Invitation To Apply (ITA) that allows you to apply for a permanent resident visa.
The minimum requirements for applying under the Federal Skilled Worker program include:
- At least one year of continuous full-time or equivalent paid work experience throughout the past 10 years in a skilled occupation
- Language skills in English or French (reading, writing, listening, and speaking)
- A Canadian educational credential (certificate, diploma, or degree) or foreign credential and Educational Credential Assessment (ECA) report.
Quebec Skilled Worker Program
This is the province of Quebec’s version of the Federal Skilled Worker Program and is the avenue you would take if you wish to live and work in Quebec.
Because Quebec has a unique agreement with the federal government, the province has been able to develop its own rules for choosing immigrants it feels will adapt well to living and working in Quebec.
Here’s how the process works:
- Apply to the Government of Quebec for a Quebec Selection Certificate (CSQ).
- After your application is submitted, the Province of Quebec will assess your eligibility using its own set of rules and criteria.
- If accepted, you will receive a certificate showing that the Province of Quebec has accepted you as an immigrant.
- Once you receive a CSQ, you must apply to Immigration, Refugees and Citizenship Canada for permanent residence.
Provincial Nominee Program
The Provincial Nominee Programs (PNPs) allow Canadian provinces and territories to nominate individual immigrants for permanent residence who are interested in settling in a particular province.
Under these programs, provinces typically nominate applicants with experience in occupations that are in high demand, or who will otherwise make economic contributions to the province.
Each Canadian province and territory (except for Nunavut and Quebec) has its own Provincial Nominee Program.
In order to immigrate to Canada under a PNP, you must first apply for a Provincial Nomination Certificate from the provincial government where you would like to live. After receiving a certificate, you can then apply for a permanent resident visa.
Business Immigration
Canada’s business immigration program allows newcomers to obtain visas based on their ability to invest in or start their own business in Canada.
There are two categories under the Business Immigration program, each with its own requirements:
- Start-Up Visa Program
- Self-Employed Persons Program
To be eligible for the Start-Up Visa Program, you must:
- Obtain a commitment of support from a designated Canadian venture capital fund, business incubator, or angel investor group
- Be able to communicate in either French or English
- Have enough money to cover your cost of living before you start earning an income
To qualify for the Self-Employed Persons Program, you must have at least one of the following:
- Work experience that will allow you to make a significant contribution to cultural or athletic life in Canada
- Experience in farm management and the intent to purchase and manage a farm in Canada.
Canadian Experience Class
The Canadian Experience Class (CEC) is a permanent resident visa category for skilled workers who already have experience working in Canada and want to become permanent residents.
You may also be able to apply under the CEC if you have graduated from a Canadian post-secondary institution where you were a full-time student for at least two academic years.
To be considered eligible under the CEC, you must:
- Have at least 1 year of full-time (or equivalent) work experience in Canada
- Apply within 3 years after you began working in Canada
- Have had legal status while working, or studying, in Canada
- Meet the minimum English or French language requirements
- Plan to live outside the province of Quebec
It’s also important to note that your work experience in Canada must be paid, full-time, or the equivalent hours part-time (at least 30 hours a week).
Temporary Foreign Worker Permit
If you are not yet a Canadian citizen or permanent resident, you will need to obtain a work permit in order to legally work in Canada.
This needs to be done before coming to Canada.
In order to obtain a work permit:
- You need to receive a job offer from a Canadian employer before applying
- The employer must also apply for a Labour Market Impact Assessment (LMIA) from Employment and Social Development Canada (ESDC)
- ESDC will determine whether the employer is able to hire a foreign worker to fill the job vacancy
Temporary foreign workers can later apply for permanent residence under the Canadian Experience Class or Provincial Nominee Program.
Coming to Canada as a Student
If you are planning on studying in Canada and taking a program that lasts longer than six months, you must obtain a study permit from the Government of Canada.
Process for Obtaining a Study Permit
Before applying for a study permit, you first need to have already received a letter of acceptance from the school you are looking to study at. A valid passport or other travel document is also required.
When it comes time to apply for your study permit, there are two ways of doing so— Online or by going to a visa application centre in your country. Processing times vary depending on your country of origin.
Eligibility
In order to be accepted for a Canadian study permit, you will need:
- A letter of acceptance from a designated learning institution (DLI)
- A valid passport or travel document
- Evidence that you will be able support yourself financially while you are in Canada along with any family members who come with you
What You Can and Cannot Do with a Study Permit
When studying in Canada with a study permit, you will be able to work part time (20 hours or less per week) without having to obtain a work permit.
However, if you have taken an authorized leave from your study program, you will not be able to continue working on or off campus, even if your study permit says you’re allowed to work in Canada.
There are also a number of conditions you will need to meet in order to maintain your student status. By not meeting these conditions, you risk losing your study permit and may be asked to leave Canada.
These conditions include:
- Be enrolled at a designated learning institution (DLI)
- Show you’re actively pursuing your studies
- Notify the government should you transfer to a different post-secondary school
Once you complete your studies and your study permit expires, you must leave Canada, unless you have obtained a Post-Graduation Work Permit.
Canada is often defined by its willingness to welcome newcomers from all over the world, making it a great place for immigrants to settle and start a new chapter in their lives. However, the journey to get here can be difficult without the right information.
But with the proper knowledge and guidance from an immigration lawyer, you can focus on the journey ahead and start settling into your new life in Canada.
U.S Immigrants to Be Denied Visas If They Cannot Afford Health Care
New Immigration Rule Requires Proof of Health Insurance in Order to Enter the U.S
According to a recent presidential proclamation signed by United States president, Donald Trump, immigrants who are unable to afford health insurance will no longer be eligible to enter and live in the U.S.
This means that as of November 3, immigrants who apply for U.S visas will be denied entry unless they are able to provide proof that they can afford health care coverage or pay for medical costs out of pocket within 30 days of entering the country.
The proclamation does not list a dollar amount that’s required to cover these medical costs, as this is up to a consular officer, who will determine if a visa applicant meets these new requirements.
However, it did indicate that the required insurance could include short-term coverage or catastrophic and be purchased individually or provided by an employer.
Any new immigrants will be ineligible for a visa if using the Affordable Care Act’s subsidies when buying insurance, as these are paid for by the federal government.
And, for people over the age of 18, coverage under the Medicaid program is also not allowed.
This new rule will not apply to those who are already living in the U.S, along with children, asylum seekers, refugees, and children adopted by U.S citizens.
Other exceptions include:
- Children of US citizens
- Unaccompanied minors
- Permanent residents returning to the US after living overseas for less than a year
- “Special immigrant visas” for Iraqi and Afghan nationals who worked for the US government, along with their families
The proclamation will however apply to the spouses and parents of US citizens, and could affect families who are attempting to bring their parents over to the U.S.
The White House justified this new limit on immigration in a public statement, claiming that non-citizens were taking advantage of the U.S’ “generous public health programs,” and contributing to the problem of “uncompensated health care costs.”
The proclamation was just one of many controversial immigration reforms made recently by the Trump administration in an effort to move away from a family-based immigration system and adopt a merit-based system.
In fact, just recently in August of this year, the White House implemented a rule that would deny green cards to immigrants who rely on some form of public assistance.
But like many of Trump’s immigration reform changes, two federal courts recently moved to block the administration from implementing such a rule – which was originally scheduled to go into effect October 15.
New Data Dispels Notion That Migrants Pose Criminal Threat
Report Finds That Just 0.3% Of Irregular Migrants Have Serious Criminal Past
As the debate over irregular asylum seekers focuses on fear over potential criminal threat, a recently released Immigration, Refugees and Citizenship Canada (IRCC) report is dispelling this incorrect notion, revealing that a very small percentage have a criminal past.
The data, which was reported by Global News, found that of all migrants who crossed the Canadian border irregularly since 2017, only 30 were blocked from making an asylum claim due to “serious criminality.”
An additional 110 were deemed inadmissible due to serious criminality after entering Canada.
It’s estimated that in total, around 45,000 migrants entered Canada irregularly since 2017, which means only 0.3 per cent had a serious criminal past that prevented the refugee process from moving forward.
The remaining 99.7 per cent of irregular migrants could still have a criminal history, but it was not serious enough to justify rejecting their asylum claim.
In addition to those deemed ineligible because of their criminal background, 10 irregular asylum seekers were issued deportation orders by the Immigration and Refugee Board of Canada (IRB) due to links to organized crime.
Ten others were told they must leave Canada because they posed a potential threat to national security, while only one person was given a removal order due to alleged human rights violations.
Compared to criminality, being deemed ineligible for human rights violations, national security, or organized crime does not actually mean the individual had been directly involved in committing an illegal act.
In order for an asylum seeker to be considered ineligible due to serious criminality, they need to have either committed or been convicted of an offence punishable by at least 10 years in prison or been sentenced to at least six months in a Canadian jail.
It’s not a requirement for these offences to have been committed in Canada.
Being deemed inadmissible due to serious criminality does not always mean these individuals pose a threat to Canadians, as a simple drunk driving conviction where nobody was injured, and no jail time was served could result in inadmissibility.
In any case crossing the Canadian border from the United States irregularly in order to escape harm and make a refugee claim is not a crime. This act is justified under both international and Canadian law, despite the erroneous labelling of irregular arrivals as “illegal”. Refugees have to cross borders to get to safety as the global refugee phenomenon has illustrated. It is not an option to turn our backs and close our borders to those seeking protection from persecution and fearing for their lives and safety.