Immigration

We live in a time of rising global uncertainty. It is more important than ever that the Canadian immigration system can respond to arising global crises in an expedient and flexible manner. Alarmingly, this is not the case.

Even before major global refugee crises such as the Afghanistan, and Ukrainian crises, IRCC has been struggling with massive backlogs in all the immigration streams. Delayed immigration application is the most common request for assistance at my office, with some applications delayed for years! Behind the delayed applications are separated families, missed opportunities, and in some cases, immigration is a life-and-death situation for people who need to leave dangerous situations.

To start, IRCC should stop the practice of returning applications when there are minor mistakes and missing information and documents that can be easily provided by applicants. IRCC must also end oppressive immigration policies such as the inhumane cap on parent/grandparents’ sponsorship applications, closed work permits for migrant workers, and the unfair treatment of caregivers and domestic workers.

Lack of resources for IRCC is the major root cause of delayed applications. I will continue to advocate for adequate resources for IRCC to process applications in consistently reasonable timeframes and for immigration policies that are more just.

CIMM#32: Addressing issues of processing delays and backlogs

CIMM: Immigration backlog and processing standards

On the issue around backlog, it is significant. It's pretty well in every single stream, although the government says they've put in resources and starting from this date they'll now abide by processing standards.
For the people who have been in the backlog who are not applying after the date, what do you think the government should do? Should we ignore those people and let them wait and wait? At some point in time, I suppose their application would be processed.

CBC: Can new legislation help 'Lost Canadians' be found again?

But there's another category of Lost Canadians the new legislation won't address.

The "second-generation cutoff" is a rule under Bill C-37 that permanently denies the first generation born abroad the ability to automatically pass on citizenship to their children if they are also born outside Canada.

It also eliminated the ability to gain citizenship by showing a "substantial connection" to Canada. Now those second-generation children have to be sponsored by their parents to come to Canada as permanent residents, then apply for citizenship like any other immigrant.

Critics say it has created two classes of Canadian citizenship — one for Canadians born in Canada and one for those born abroad.

"What's discriminatory about the Citizenship Act is that there is no way that people can rid themselves of this second-class status, no matter how close and deep their ties to Canada are," said Sujit Choudhry, a constitutional lawyer in Toronto representing seven families living in Canada, Dubai, Hong Kong, Japan and the United States, who are all affected by this rule.

IN THE NEWS: CIC News - Sean Fraser tables strategy for temporary residents who want to become Canadian permanent residents

NDP immigration critic Jenny Kwan said there is nothing new listed in what Fraser, who is from the Liberal Party, tabled in Parliament.
“What the Government provided is nothing more than the recycling of what is already in place. The Minister is not proposing anything new to the Immigration Levels plan to support the goals set out in Motion 44,” Kwan wrote in an email to CIC News. “This so-called strategy lacks any real information or details of what a true comprehensive plan would entail.”

Hill Times NEWS: Refugee advocates hope Canada’s Ukrainian response will set ‘precedent’ for future emergencies

Immigration Canada’s treatment of other refugee groups is ‘discriminatory,’ and ‘everyone trying to navigate the system should have the same standards regarding all entry requirements,’ says NDP MP Jenny Kwan.

IN THE NEWS: Globe - Immigration Minister says his department has shifted focus to international student visas as many await last-minute approval

NDP MP Jenny Kwan said Canada’s immigration system, including student visa applications, is in a state of chaos. She said operating in a constant state of “crisis management mode” is not sustainable.
Ms. Kwan said there should be independent reviews of the key departments to determine why services are failing.
“The task force was established as a political cover-up,” she said.

IN THE NEWS: National Observer - Jamaican farm worker ask their government for help to improve working and living conditions in Canada

“I think it's actually shameful for the Canadian government to see such a letter be issued by the workers to the Jamaican government pleading for help,” Jenny Kwan, NDP critic for immigration, refugees and citizenship, told Canada’s National Observer. “Our immigration policy for migrant workers subjects them to exploitation and abuses. And this has gone on for a very long time now.”
At the very minimum, the labour code must be enforced, said Kwan. However, this letter indicates that's not happening — little has changed since migrant workers were dying from COVID-19 in overcrowded living quarters and facing barriers to health care, Kwan said.

IN THE NEWS: Canadian Press - Visa delays leaving international students in limbo for fall semester

NDP immigration critic Jenny Kwan said there doesn't appear to by any rhyme or reason when it comes to why some applications have been processed on time and others haven't.
She has heard from students who are feeling incredibly stressed about whether they're going to be moving across the world to study in Canada in a few weeks.
"September is just around the corner as the school year is gonna start, and they don't know what's going on with their application," Kwan said in an interview.
The fact that so many students are likely to find out at the last moment shows the department doesn't recognize the real-life experiences people are going through, she said. "They have to find living quarters, for example, get housing in place, get familiar with how to get to and from school."
Everything from course selection to orientation is jeopardized, she added, and the delays cause uncertainty for institutions as well.

OPEN LETTER: The disastrous state of IRCC

It is with grave concerns that we write to you as the leader of the New Democratic Party, as the NDP critic for Immigration, Refugees and Citizenship, and as Caucus Chair, to demand immediate action to address the ongoing system-wide delays and utter chaos at Immigration, Refugees and Citizenship Canada (IRCC). It’s important to remember that these are more than just files in a system, each application number corresponds to an individual and delays often have profound and expensive effects on their lives and prevents loved ones from being able to reunite.
One of the highest demands at a MP office is on immigration-related issues. Sadly, IRCC is in complete chaos with over 2 million applications stuck in the backlog that continues to escalate. The unprecedented massive delays in processing in virtually every immigration stream is far beyond a few months above processing standards, whether it’s a permanent resident application, family reunification, renewal of CoPRs, verification of citizenship, work permit or study permit application or renewal, PR card renewal, or refugee applications. Applicants are informed of a processing timeline, only to have it changed months later. The Canadian Council for Refugees latest report highlights the dire backlog and slow processing times for permanent residence of those who have received refugee protection in Canada. For some, the threats are so severe that it’s a matter of life and death. Meanwhile, thousands of Afghans who have previously assisted Canada’s missions abroad are left behind and are being hunted down by the Taliban.

IN THE NEWS: CP24 - More than 1.3M immigration applications in backlog amid humanitarian crises

NDP Immigration critic Jenny Kwan said the minister's optimism is of little comfort to people who have spent months or even years languishing in the system.
“I find it astounding that the minister would talk glowingly about the work that he's doing, meanwhile, there's so many people who are struggling, who are suffering as a result of immigration processing delays,” Kwan said in an interview.
She wrote a joint letter with NDP Leader Jagmeet Singh to Prime Minister Justin Trudeau to express their concerns about the “utter chaos” at Immigration, Refugees and Citizenship Canada.