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.

Squamish Chief: Squamish woman regains citizenship, vows to fight for other ‘lost Canadians’

Squamish’s Byrdie Funk will soon be a Canadian citizen, once again.

The local counsellor has been fighting to regain her citizenship, and change the Canadian Citizenship Act, for close to a year.

“I am thrilled that this has happened,” Funk told The Chief on June 7 after she found out she would no longer be stateless.

Funk was born in Mexico and moved to Canada when she was two months old.

She was shocked to discover, in April of 2016, that she had lost her Canadian citizenship due to an arcane law that required citizens born outside of Canada between Feb. 15, 1977 and April 16, 1981 to reapply for citizenship prior to their 28th birthday.

Unaware of the rule, Funk didn’t reapply. Nothing seemed amiss until she received a letter from the federal government in the spring of last year that she was no longer a citizen, and hadn’t been since 2008, when she turned 28.

In the intervening years she had lived, worked, bought a home, voted and travelled on a Canadian passport without incident.

Section eight of the 1977 Citizenship Act was overturned in 2009 but wasn’t retroactive, so an unknown number of Canadians who were 28 or older and born abroad are caught up in this gap.

Those left stateless are known as “lost Canadians.”

Link: NDP MP Jenny Kwan To Table Bill To Close Citizenship Law Gaps Creating “Lost Canadians”

“It is absurd that Canada continues to have gaps in our citizenship laws that lead to groups of ‘Lost Canadians’ suddenly finding themselves without status in Canada. What’s more, it’s 2016, why is Canada persisting with a multi-year court case on the strength of a law that the Supreme Court of Canada has already ruled to unconstitutional?”

After a series of consultations with stakeholder groups and immigration law experts, MP Kwan will be tabling a Private Member’s Bill to address gaps and outdated provisions with the Citizenship Actthat resulted in people who should be Canadian citizens losing or never receiving status in Canada. In some cases, impacted individuals find themselves stateless all of a sudden.

Media Release: NDP MP Jenny Kwan to table PMB to close citizenship law gaps creating “Lost Canadians”

Media Release: No Celebration for “Lost Canadians” on Citizenship Week

Vancouver – October 10 – 16, 2016 is Citizenship week. Yet for decades, some Canadians have found themselves rendered stateless due to a number of arcane laws. In a press conference with victims of Canada arcane laws, NDP critic for Immigration, Citizenship, and Refugees, Jenny Kwan stated, “It is absurd that as we celebrate this important occasion, a group of ‘Lost Canadians’ suddenly found themselves without status in Canada. What’s more, it’s 2016, why is Canada persisting with a multi-year court case on the strength of a law that the Supreme Court of Canada has already ruled to unconstitutional?”

Mr. Fadi Yachoua, Attorney to Mr. Kyle Lopez explained, “Kyle’s story is a reflection of the saga that continues because of a discriminatory policy base on gender. Even though the Supreme Court of Canada has ruled that there should be no differential treatment between children born to Canadian fathers or mothers, the current Liberal Government is still fighting a multi-year legal battle against Mr. Lopez’s right to assert his Canadian citizenship. “The Prime Minister said he is a feminist. I hope he recognizes that had gender discrimination not existed in the Immigration Act, Kyle Lopez’s father would have been considered a Canadian at birth and he would have been able pass his citizenship on to Kyle. Kyle would not still be in court today fighting for his rights”, said Kwan.

The Dilpomat: Canadian or Chinese? Foreign Citizenship Brought Into Question

Ottawa is now querying Beijing over these recent cases, and have asked China to clarify any changes they have made to visa requirements and migration laws. Canadian Member of Parliament Jenny Kwan, who was born in Hong Kong, said she pressed Foreign Minister Stephane Dion, urging him to look into the visa situation.

“The change in practice should be of grave concern to Canadians; after all, a Canadian is a Canadian. As such, should all Canadians not be treated the same?” Kwan said.

Globe: Children born abroad to Canadians may end up as ‘Lost Canadians’

NDP immigration critic Jenny Kwan, who has met with other affected families, called the policy "discriminatory" against Canadians who choose to work abroad, especially in today's global economy.

"The Prime Minister himself has said on many occasions now, 'a Canadian is a Canadian is a Canadian.' This also applies to second-generation Canadians born abroad as well. They shouldn't be treated as second-class citizens," Ms. Kwan said.