Beyond Syria: Canada’s Immigration Woes
Refugee Law Office Discusses Inequity and the Dark Legacy of Harper’s Immigration Reforms
So far, Prime Minister Trudeau and Citizenship and Immigration Canada’s plan to bring over 25,000 Syrian refugees by the end of February has been a success, with over 26,000 arrivals at the time of this writing. The Syrian civil war and the ensuing mass exodus—millions of Syrians have fled their homes and are seeking refuge around the world—has been at the centre of heated debates of hospitality versus security in many nations, as fears of Islamic extremism have followed this issue like a shadow. Despite the heated debate, the level of international attention has brought with it an unprecedented show of support from many countries, including our own, where the recently-elected Liberal government has pulled out all the stops to accommodate as many Syrian refugees as possible. And while every refugee law office and advocate is proud to see this happening, it raises the question: what of the refugees fleeing from dangers that are less known to the public?
The issue seems to stem largely from limitations imposed during the decade-long reign of the Harper conservatives. During their time in office, they imposed numerous restrictions on immigration into Canada, especially concerning refugees. Caps were placed on the numbers of refugees allowed in through various channels, while other countries were designated “safe”—the controversial Designated Countries of Origin list, which was later deemed unconstitutional and stricken down—despite dangerous situations facing minority groups in several of these countries. Unfortunately, during that time, many Romani people fleeing persecution in Hungary were turned away.
However, despite the change of government, refugee law offices still have their hands tied when trying to help people find asylum in Canada. The Eritrean refugee crisis, for example, brings many citizens of the sub-Saharan African nation to our borders—and many are turned away. Landed refugees from Eritrea, who have fled a discreet but oppressive emergency government, are frequently unable to sponsor their family members to come to Canada. Those who are experience delays up to five years, which under such dangerous conditions could mean the difference between life and death. Other conflicts and crises in countries such as Afghanistan, Kenya, Burundi, and more are producing a staggering number of displaced persons around the world, the likes of which have not been seen in generations.
However, the problem is not that we are doing too much for one group, but that there are many limitations being put on Canada’s immigration networks that need to be handled. The current backlog of privately-sponsored refugees alone is larger than the number of Syrians brought in so far, and is only one of the problems that the Liberal government will need to address in 2016 if its commitment to humanitarian causes extends beyond the current Syria crisis.
Start-up Visa Program: at the Mercy of Investors?
Immigration Lawyers in Canada Turning Clients to Other Channels
In April of 2013, Citizenship and Immigration Canada began a Start-up Visa program for budding entrepreneurs looking to start a business in Canada. It seemed to some to be a perfect storm: bringing these new businesses into Canada could have positive effects on the local economies, and our country may be the perfect breeding ground for a business that would have otherwise never have taken off. But after bringing in only four people in its first year, and only 100 by the end of January, 2016—including the dependants of applicants—many immigration lawyers in Canada are unimpressed with the results.
Tight Requirements
According to CIC’s website, there are four main criteria for being able to apply for a Start-up Visa. Three of these requirements relate strictly to the applicant:
- The applicant must meet the ownership requirements of a qualifying business;
- The applicant must attain a minimum score, in either English or French, of Canadian Language Benchmark 5; and,
- The applicant must be in a financial position to support themselves in the interim between settling and earning an income through their business.
The fourth requirement, however, proves more difficult for many applicants to meet. They must provide a letter of support from a designated investor. If the investor is a Canadian venture capital fund, the minimum investment is $200,000. For Canadian angel investors, the minimum is $75,000. Applicants must also be accepted into a Canadian business incubator program.
At the Mercy of Investors
The dismal numbers for this program thus far—and the power to change them—are largely in the hands of investors. The irony is that this program was set up when investors found themselves beset with challenges when trying to bring business immigrants into Canada. Today, many immigration lawyers in Canada frequently advise economic migrants not to take this route, since without interest and commitment from an investor, it proves entirely fruitless. By the end of 2015, only 22 start-ups have been developed in Canada with the help of the Start-up Visa, and only 100 people have come to our country. On the other hand, programs such as express entry have been turning up much more positive numbers, proving to be a greater appeal to newcomers.
If you are looking to come to Canada through a business immigration category, you have many options, whether or not the Start-up Visa shows promise for you. To discuss your options and find the best strategy and course of action for you, contact an immigration lawyer in Canada today.
Trying to Bring Your Spouse to Canada? Immigration Lawyers Can Help
Immigration Canada’s Processes Need to Change
It is no secret that changes are needed in Canada’s immigration system. Since the Liberals gained power, they have made it clear that they want to focus on Canada’s immigration laws and processes and make changes to improve the system in a number of areas. While these changes could take some time to implement, applicants continue to suffer the impact of long wait times and separation from their family members. In the meantime, in order to avoid further delay due to incomplete applications or failure to meet a requirement, any permanent residents or Canadian citizens who wish to sponsor a spouse or other family members to join them in here in Canada should hire a professional and competent immigration lawyer in Canada.
Discouraging Wait Times
As of February 1st of this year there have been a number of news articles concerning Immigration Canada and the long wait times to bring family members to Canada. This process can be even more discouraging to new immigrants than their own wait times to process their permanent residency applications. There is significant hardship involved, especially when children are separated from their parents. This scenario is now a reality for many, many immigrants to Canada. Some applicants do receive their clearance to reunite in Canada within a few months. However, others have had to wait up to six years!
Immigration lawyers in Canada and the US will tell you that the US receives many times the spousal immigration applications that Canada does, yet the wait times in that country is much less. This has been the case for years, yet new immigrants to Canada are still waiting for improvements. The Liberal government has made promises to improve the system and some progress has been made, but it could still be a while before people receive the benefits of these promises.
Immigration Lawyers in Canada Can Help You
Canada’s immigration lawyers are all too familiar with the red tape surrounding spousal and family applications to come to Canada. If you want your family to join you, and are unsure about the process, an immigration lawyer can offer a great deal of help and clarification. Find experienced lawyers with a good track record in cases similar to yours and allow them to handle the application from start to finish, while you prepare for your family’s arrival.
Immigration Lawyer in Canada Discusses the Ontario Immigration Nominee Program Entrepreneur Stream
New Business Experience Clarification Helps Entrepreneurs and Their Immigration to Canada
Starting a new life in a new country is never easy. Individuals and their families who make this move are resilient and hard working people who can take advantage of programs such as the Ontario Immigrant Nominee Program (OINP) Entrepreneur Stream. This program helps those who are outside Canada who wish to set up new a business or buy a business in Ontario. The Entrepreneur Stream can help immigration to Canada as individuals and their business partners, if they have one, can be nominated for permanent residency once their business is established. Immigration lawyers in Canada highlight a recent clarification to the business experience criteria that may help those who apply to the OINP.
Business Experience
There are five minimum factors that need to be met for eligibility to the Entrepreneur Stream, first of which is experience. The guidelines state that the following requirements must be met by the principal applicant as well as their business partner if they have one.
● At least 36 months of full-time business experience in the last 60 months
● Experience must be as a business owner or senior manager
● And if the applicant has experience as both owner and senior manager, they must choose only one to use for their application. The experience they choose to use for the application should be the most recent or more relevance to the proposed business.
The other four factors include net worth, personal investment funds, job creation, and exploratory visits. Although meeting the minimum requirements does not guarantee the acceptance of an application, however this can help with immigration to Canada. More information can be found on the Ontario Immigration website.
Clarifying Business Experience
The statement that entrepreneurs and their business partner (if applicable) are required to have a minimum of 36 months of full-time business experience in the last 60 month lacks clarity on what kind of experience is necessary and how recent that experience must be within 60 months. The clarification explains that entrepreneurs and their business partner are not required to have spent the last 12 months in either active general business administration or in an area of expertise related to the proposed business opportunity. This means that the most important experience is the full-time business experience for 36 months in the last 60 months.
This clarification provides individuals with a broader opportunity to apply their businesses experience to new ventures without being restricted to a particular field or type of business. Immigration lawyers in Canada can assist with OINP applications to maximize the possibility of acceptance.
The UN International Day for the Elimination of Racial Discrimination
A Canadian Immigration Law Office’s Thoughts on the Syrian Refugee Crisis
It has been a truly remarkable year as the world has come to grips with the fallout of the Syrian refugee crisis. The sheer magnitude of this humanitarian situation, and the images of families and children in desperate circumstances, inspired communities throughout the world, along with Canadian refugee lawyers to mobilize and take action.
In Canada, the Syrian refugee crisis brought the spotlight on immigration and refugee issues during the Canadian federal elections. Once elected, the liberal government under the leadership of Prime Minister Justin Trudeau immediately facilitated the acceptance of more than 25,000 Syrian refugees to Canada. It was truly refreshing and heart warming that as Canadians we were opening our doors to offer protection to such a vulnerable population.
Each time that the voice of a refugee is heard and our country recognizes a claim for protection, we are promoting equality and human rights and working toward the elimination of racial discrimination. Gerami Law PC has been honoured to represent numerous refugee claimants, including those from the Syrian community, and throughout the Middle East, Asia and Africa.
Our Canadian Immigration lawyers represent women and children, who have suffered systemic discrimination and gender inequality, stateless individuals, and others who have been forced out of their homes by oppressive regimes. We have had the privilege of telling their stories and also sharing their success and empowerment when their refugee claim is accepted and they are finally safe with their families and children in Canada.
Refugees can make their claim overseas and then seek resettlement or they may make their way to a safe country such as Canada and make an in-land refugee claim. Many, such as the Syrians, come from war-torn countries and have seen or experienced unthinkable horrors. They may have been traumatized, lost their homes and maybe even some of their family members; they have to adjust to a completely new environment, with a new host of fears and challenges; they have to learn a new language, find accommodation and make a new home for themselves and their families.
This is where the support and generous dedication of volunteers, and ordinary people in their new community plays a critical role. Most of the refugees that Gerami Law Refugee Lawyers represent are in-land refugee claimants. They can either make their claim at the port of entry and retain Gerami Law PC to file their documents and represent them at their hearing, or they can come to meet with Gerami Law Canadian refugee lawyers after crossing the border.
Telling their story and preparing their narrative is often quite emotional and difficult. Refugee claimants are naturally anxious to appear before a Board Member who will ask them questions and assess their credibility. In-land Refugees in Ottawa also have the added challenge of travelling to Montreal for their refugee hearing. That is because the conservative government closed down the Immigration and Refugee Board offices here in Ottawa in 2014.
This situation remains the same today as the present government has not yet reopened the IRB offices in our nation’s capital. Ms. Arghavan Gerami, Gerami Law PC’s Founder and Managing Director has been advocating on behalf most vulnerable inland refugee claimants, such as families with small children and those suffering from disabilities, on this issue. She met with her Member of Parliament, Minister Catherine McKenna and also contacted the Minister McCallum, insisting that all refugee claimants should have equal access to make their claim and be afforded a fair hearing
Canada has a strong humanitarian tradition. Our compassion and fairness has been a source of our national pride and an important part of the Canadian identity. Our response to the Syrian refugee crisis demonstrated how strongly we share these values. Throughout the country and in Ottawa communities have mobilized to help refugees to welcome them to our country, connect with their new community, find them a new place to live, facilitate their access to medical care and provide support for their basic needs.
On his recent state visit to the United States, Prime Minister Justin Trudeau stated, “Being open and respectful towards each other is much more powerful, as a way to defuse hatred and anger, than layering on big walls and oppressive policies”. Gerami Law PC fully supports the government’s response to the Syrian refugee crisis; it illustrates that with strong leadership we can mobilize to ensure respect for the rights of all human beings. At the end of the day, everyone in every community, every adult and every child, can do a little bit with the goal of eliminating racial discrimination. It is through taking that united stance and standing firm against intolerance and mistreatment that we can work toward racial harmony and ensuring respect for human rights throughout the world.