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.

Globe NEWS: Employer fines for abuse of temporary foreign worker program rose by more than a third last year

The NDP has warned that closed work permits can make migrants tied to a single employer vulnerable to abuse.

“These migrant workers are often underpaid and their immigration status is tied to their employer through a closed work permit, making it virtually impossible for them to change employment or exercise their rights,” immigration critic Jenny Kwan said in an e-mail, calling for them to be given permanent status.

“Their precarious status immigration status lead to severe power imbalances, abuse and a fear to speak out.”

CTV News: New Canadian citizenship rules for those born abroad could be delayed until December

NDP immigration critic Jenny Kwan helped draft the bill alongside the Liberals. She attempted to push it through by asking for unanimous consent from MPs, but Conservatives voted against it twice.

"I've talked to family members who've been separated from their loved ones because of this unjust law that Conservatives brought in 15 years ago," the Vancouver East NDP MP said last month. "I've talked to family members where their children are deemed stateless, lost in the system, because of this unjust, punitive, unconstitutional law."

If the federal government is not given another court extension before Bill C-71 passes, it may be up to the immigration minister himself to decide individual citizenship cases.

"If it doesn't come through we're sort of in no man's land," Miller said before Wednesday's court extension. "Basically, it's my discretion deciding who's Canadian or not. Obviously, that shouldn't be up to the discretion of a minister."

Anyone affected by the 2009 change will be able to apply online for a Canadian citizenship certificate. The government also has a digital tool that can help you find out if you are Canadian.

CBC: Court grants government another extension to fix unconstitutional citizenship law

So-called "lost Canadians" will have to wait longer to obtain their right to citizenship now that a court has granted the federal government more time to fix legislation it ruled was unconstitutional.

The courts initially gave the federal government until today to replace legislation that prevents Canadians born abroad from passing on their citizenship to children also born abroad.

In May, the Liberals introduced Bill C-71, which introduced sweeping changes to Canada's citizenship laws. The government says the legislation addresses the concerns of the court.

But the Liberals did not get the bill through the House of Commons before it rose for the summer on Wednesday. MPs will not return to the Commons until mid-September.

HANSARD: Private member's bill to establish independent ombudman's office for IRCC

HANSARD: Debating Conservative's carbon pricing motion

Canadian Press NEWS: Court-imposed deadline to pass new citizenship law approaching next week

Last year, the court found that Canadians born abroad received a lower class of citizenship than those born in Canada, and it gave the government until June 19 to correct the problem.

Miller introduced a bill on May 23 that would allow Canadians who were born abroad to pass their citizenship down to their children, and asked the court for a deadline extension the following day.

NDP immigration critic Jenny Kwan made two attempts to push the bill through the legislative process more quickly by asking for the unanimous consent of MPs, but Conservatives voted no both times.

"We have no time to waste and we have to get the law passed," Kwan said at a press conference Tuesday.

In 2009, former Conservative prime minister Stephen Harper's government changed the law so that Canadian parents who were abroad could not pass down their citizenship, unless their child was born in Canada.

Those who've not had access to citizenship rights as a result of the amendments are known as "Lost Canadians."

Kwan said the House of Commons immigration committee already studied the issue of Lost Canadians when it considered a Senate public bill brought forward by Conservative Sen. Yonah Martin last year.

"We spent over 30 hours at committee debating Bill S-245," said Kwan.

That bill was heavily amended by Kwan and Liberal members of the committee to grant citizenship to a broader group of people, but the Conservatives felt the changes were too drastic and have not brought it back to the House for third reading.

HANSARD: Second attempt to call for expedite passing of Bill C-71 but opposed by the Conservatives

VIDEO: CPAC - Bill C-71: NDP MP Jenny Kwan Calls for Swift Passage

HEADLINE POLITICS
Bill C-71: NDP MP Jenny Kwan Calls for Swift Passage – June 11, 2024

On Parliament Hill, NDP immigration critic Jenny Kwan and MPs from across party lines urge parliamentarians to expedite the passage of Bill C-71, Immigration Minister Marc Miller’s legislation that would extend Canadian citizenship to some children born outside of the country. The proposed bill comes in response to last year's Ontario Superior Court ruling, which found the government's "second-generation cut-off rule" from 2009 to be unconstitutional.

Yesterday, Kwan put forward a motion in the House of Commons asking for unanimous consent to expedite C-71, but it did not pass.

She is joined by Green Party Leader Elizabeth May, Liberal MP Paul Chiang, Don Chapman ("lost Canadians" advocate), and Kathryn Burton and Carol Sutherland (family members of "lost Canadians"). (no interpretation)

HANSARD: Call for expedite passing of Bill C-71 to address Lost Canadians

CIM#104: Pension Transferability and Access to MPF, and Delays in PR and Visas for Hong Kongers

Jenny Kwan Vancouver East, BC
NDP

Thank you very much, Mr. Chair, and thank you to the witnesses.

My first question is for the Finance officials.

Yesterday, we were advised by Manulife and Sun Life that in order for Hong Kongers to be able to access their pension funds, they have to, because of the regulations, produce documentation to show that they're either a citizen or a permanent resident in an alternate country.

Could you advise and confirm for us if those regulations are Canadian regulations?

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Jenny Kwan Vancouver East, BC
NDP

Thank you for that.

I may add that we should actually be calling for the release of all political prisoners in Hong Kong in relation to the national security law and the most recent article 23. I hope the officials will bring that back to the minister as well.

I want to follow up with the IRCC officials, in particular Ms. Snow, on her comment that the average processing time is now eight months. There are about 10,000 people waiting for PR applications to be processed from Hong Kong at the moment. That's as of March 2024.

Can you confirm, then, that those individuals will get their PR applications processed in eight months?