End Family Separation
Canada Condoning U.S. Violations Towards Central American Families Despite the UNHCR's Explicit Request to Help
In recent months, more than 2,000 children have been separated from their parents and held in southern U.S. detention centres. Children are held, sometimes for months, while their parents’ refugee cases are processed. Reports from the American Civil Liberties Union show that these children are often held in freezing cold facilities without adequate food, water, or medical attention.
In many cases, families face extreme violence and poverty in the Central American countries they’re fleeing. Gangs recruit young boys while young girls are forced into sexual slavery. Kidnappings, murders, and drug trafficking are common.
Many of these families are seeking refugee status in Canada, but the Canadian government is blatantly ignoring their appeals for asylum because Canada adheres to the Safe Third Country Agreement.
The Safe Third Country Agreement
The Safe Third Country Agreement between Canada and the U.S. requires refugee claimants to request protection in the first safe country they set foot in unless they meet one of the narrow exceptions to the agreement.
Central American refugees must pass through the U.S. to get to Canada in the majority of cases, making it almost impossible for them to claim refugee status in Canada under the agreement.
According to numbers from Immigration, Refugees and Citizenship Canada, 1,949 asylum seekers were refused entry into Canada in 2017 under the Safe Third Country Agreement, up significantly from 2016 when only 731 asylum seekers were refused.
Is the U.S. really ‘safe’ for refugees?
In May, U.S. Attorney General Jeff Sessions introduced a “zero tolerance” policy regarding refugees, calling for anyone who enters the country illegally to be criminally prosecuted.
By continuing to classify the U.S. as a safe country for refugees, Canada is condoning the actions of the U.S. government in separating and detaining families and children seeking safety.
Gerami Law PC’s own Arghavan Gerami recently commented that this kind of forced separation of families would not stand in Canada, adding that, in Canada, detention is always a last resort and the court is mandated to consider the best interests of the child. In cases where children are separated from their parents in Canada, the children are not kept in custody.
Despite criticisms, Canada’s Immigration Minister Ahmed Hussen has said his government will wait and see how changes to the asylum system in the U.S. will impact that country’s ability to meet its obligations under the Safe Third Country Agreement.
UNHCR explicitly calls for Canadian help
The number of Central American refugees has ballooned to 215,000 over the last five years. Last year, the United Nations Refugee Agency (UNHCR) asked the Canadian government for $37 million to help Central American refugees. The money requested by the UNHCR would go towards supporting shelters for children in Honduras, maintaining a safe space for LGBTQ2 in Guatemala, and helping unaccompanied children detained in Mexico with legal services.
Instead of providing the full amount, by the end of 2017 the Canadian government had provided less than 20 percent of the $37 million requested.
It remains to be seen what will come next for family separations in the U.S. In the meantime, Canada’s relative silence on the matter continues to speak volumes.
Halting Immigration Would Weaken the Economy
Studies Show Profound Economic and Population Impact of Ending Immigration
According to results from a recent study, Canada’s economy would suffer without immigration.
A new report from the Conference Board of Canada predicts that Canada’s economy would weaken by 2040 if immigration stopped. This is largely due to Canada’s small population and an ageing workforce.
Canada’s ageing population and workforce are the result of Canadians having fewer children and more Baby Boomers entering retirement age.
The report also predicts that by 2040, Canada’s population growth will be completely driven by immigration. Currently, immigration is responsible for 71 per cent of Canada’s population growth, and up to 90 per cent of the labour force growth according to recent estimates.
The report predicts that immigration will account for 100 per cent of Canada’s population growth by 2040 since the number of deaths will exceed the number of births in Canada.
The Conference Board of Canada’s report examined two scenarios, the first examining the potential impact on the Canadian economy should immigration numbers decrease or stop altogether. Meanwhile, the second scenario examined the potential impact of raising immigration numbers from 0.8 per cent in 2017 to one per cent.
The Conference Board found that if Canada were to eliminate immigration altogether, 26.9 per cent of the population would be retirement age (65 and over) by 2040. Furthermore, the ratio of workers to retirees would decrease from 3.6 to 2.0.
Canada’s GDP economic growth would decrease from 1.9 per cent to 1.3 per cent annually, and taxpayers would be on the hook for increased costs relating to social services like health care.
A combination of a smaller workforce, lower local demand, and higher taxes could also decrease levels of business investment in Canada, which would further hurt the economy.
Immigration helps strengthen the economy by boosting the workforce and economic activity. By filling labour shortages with newcomers, the working-age population increases, with more earners buying goods, paying taxes, and contributing to Canada’s economy.
Many immigrants are also young, being either students, skilled talent or children. Bringing in young people helps balance the ageing population and workforce, providing more generations of younger Canadians.
The Conference Board report recommends boosting Canada’s immigration rate to one per cent. While Canada already prioritizes economic immigrants to contribute to the workforce, the report suggests that Canada should prioritize family class immigrants as well. Immigrants and refugees are more likely to stay in Canada and have higher rates of homeownership if they are reunited with their families.
The report also recommends addressing the chronic low income among family class immigrants since Canada will become increasingly more dependent on immigration for economic growth and stability.
Canada must also work toward maintaining integrity within and public support for its immigration system as anti-immigration sentiments are growing worldwide.
Given the numbers, Canadians must continue to welcome immigration if Canada wants to maintain a healthy economy.
Understanding Flagpoling
What You Should Know About Validating Status at The Border
Temporary residents of Canada must validate their permanent resident status and work or study permits at an immigration office or at an official port of entry. For many, the Canadian-U.S. border offers a quicker and more efficient means of fulfilling this requirement. Instead of waiting weeks for an appointment with immigration officials, foreign nationals can drive to the U.S., turn around, and quickly validate their immigration status with Canadian border officials in as little as 30 minutes.
This process is known as “flagpoling.” It symbolizes immigration applicants making a U-turn at the country’s flagpole and is a long-standing practice for immigration applicants. It allows newcomers to obtain health care coverage and start working, or renew their status, much quicker than waiting for an appointment with an immigration office would otherwise permit.
However, in the summer of 2017, the Canada Border Services Agency (CBSA) limited flagpoling to three days a week at Quebec and Southern Ontario ports of entry. In an attempt to cut down on high volume and wait times during the weekends, the CBSA now only processes flagpoling applicants on Tuesdays, Wednesdays, and Thursdays. Those who arrive at the border during these days are not even guaranteed same-day processing if traffic volume is high at the border.
The CBSA has not notified the public about these changes, nor has the agency posted any warnings on its website. As a result, many applicants who rely on flagpoling to validate their status may not be aware of these changes and will only learn about the new limitations upon arriving at the border.
Previously, weekends were the busiest times for processing these applications, since applicants would not have to take time off work or take their kids out of school for the day. However, with the new limits in place, those who arrive at the border on the weekend will not have their applications processed. Instead, they will have to re-enter Canada with their current immigration status and apply online, by mail, or by making an appointment with the immigration department.
Critics of immigration law are calling this restriction of immigration services at the border unlawful. Flagpoling is a legal practice, and there is nothing in Canada’s immigration law that allows the CBSA to deny processing these applications.
Flagpoling’s fast processing time gave applicants peace of mind since it can take weeks or months for the immigration department to process these applications. This lengthy wait can hinder applicants’ abilities to work, earn a living, study, receive universal health care, and live a secure life in Canada.
Canada Visa Requirements Lifted for the UAE
Citizens of the United Arab Emirates No Longer Need to Apply for a Temporary Resident Visa to visit Canada
Earlier this month, the Canadian government made a decision to lift the temporary resident visa requirement for citizens of the United Arab Emirates (UAE). The change officially came into effect on June 5, 2018, classifying Emirati citizens as visa-exempt travellers.
As a result, citizens of the UAE that wish to visit Canada for short periods of time (up to six months) will no longer need to submit an application for a temporary resident visa and be approved by a visa officer prior to their travels. Like other visa-exempt travellers, they will instead need to obtain an Electronic Travel Authorization (eTA) if flying to Canada.
For more information on eTAs and Canada’s temporary residency requirements, contact an immigration lawyer today.
An eTA allows Canadian authorities to screen travellers for potential inadmissibility and applies to foreign nationals flying to or transiting through a Canadian airport. Those who travel to Canada by land or sea do not need an eTA but still need to have a valid passport or travel document.
These new changes will not affect UAE citizens who already have a valid temporary resident visa for Canada. Holders of valid Canadian visas can continue to travel with that visa until its expiry and will not have to apply for an eTA throughout that time.
The changes also do not apply to Emiratis who wish to study or work in Canada. Prospective students or temporary foreign workers from the UAE will still need to apply for study permits or work permits if they plan to pursue studies or temporary employment in Canada. Successful applicants will automatically receive their eTA after obtaining authorization to study or work in Canada.
The implementation of these new changes reflects the growing relationship between Canada and the UAE. Over 40,000 Canadian are currently employed in the UAE and many Canadian companies do business with Emirati partners and stakeholders. The decision to lift the temporary resident visa requirement for UAE will likely strengthen this existing relationship to further stimulate business and investment, as well as to increase international awareness of Canada as a tourist, education and business destination.
How NAFTA Changes Could Affect Temporary Foreign Workers
Corporate Immigration across Borders May Slow Down If the U.S. Changes or Withdraws from NAFTA
The North American Free Trade Agreement (NAFTA) allows cross-border mobility between Canada, the United States, and Mexico for business professionals. Often, a corporate immigration law firm is called upon to help with any cross-border issues that may arise.
Under NAFTA, business professionals may qualify for expedited temporary business immigration as either business visitors, intra-company transfers, or professionals.
But the future of NAFTA is uncertain, and this could affect cross-border mobility for many business professionals in North America.
Some commentators have voiced concerns that the work permit category for professionals might disappear if NAFTA is repealed or heavily altered. If this happens, thousands of people who rely on this work permit may be forced to uproot their lives. Significant changes to NAFTA could cause barriers for businesses who need to hire skilled professionals quickly to meet fast-growing industry demands.
Political Uncertainty
In the U.S., labour mobility is closely related to immigration. With the Trump administration’s anti-immigration and “Hire American” stance, U.S. politicians see this cross-border mobility as allowing foreigners to come in and take jobs away from U.S. citizens.
If the U.S. withdraws from NAFTA, Canada and the U.S. may go back to their previous free trade agreement, which would remove about 20 occupations from an outdated list of professions eligible for work permits.
NAFTA Professional Work Permit
NAFTA has a list of 63 professions that qualify for the NAFTA professional work permit. This permit does not have a limit for the number of times a worker can renew their permit. And the foreign worker does not need to have pre-existing employment with a foreign affiliate of their Canadian employer.
However, the list of occupations is outdated. It was created when Internet use was growing, and many jobs that exist today, especially IT and digital jobs, did not exist back then.
For individuals with jobs not included on the outdated NAFTA list of occupations, entering Canada can be a challenge. And if NAFTA ends, the list may become more limited.
Uncertainty for Professionals
The end of NAFTA would make the future uncertain for Americans and Mexicans living and working in Canada as NAFTA professionals.
But there are still other options for those who wish to travel to Canada for work. These options include:
- Intra-Company Transfer;
- Entrepreneur;
- The Global Skills Strategy;
- The General Agreement on Trade in Services (GATS); and
- Labour Market Impact Assessment.
For more information about NAFTA and its effect on business immigration, contact a corporate immigration law firm.