Raj Sharma's Canadian Immigration Blog

Indians, Pakistani visa applicants disproportionately hard hit

A Toronto Star article by Lesley Taylor for 13 June 2008 indicates that South Asian immigration applications are disproportionately affected by quotas/targets and immense backlogs.

Excerpt:

The quota, or target as Ottawa calls it, for the New Delhi office is 9,245 visas a year. The backlog as of April 10 was 145,556. With no new applications, it would take a little under 16 years to clear that.

The article also talks about Anil Ahluwalia, a skilled worker applicant from India whose application took 10 years to finalize.

The backlog in Islamabad is approaching 43,000 - with a target, or quota of 3,600.

I think that any prospective applicant (especially from South Asia) would be wise to consider the long term nature of an application to Canada - and the new immigration 'instructions' by the Minister will result in dramatic changes to the traditional approach of simply filing an application and waiting. Starting this year, unless the application discloses an applicant that meets the Minister's particular requirements for the year, the application will likely be returned unconsidered to the applicant. In the global competition for skilled immigrants, I don't know if Canada's new approach will in fact be beneficial.

The whole rationale of having an objective assessment (age, work experience, education, language proficiency, adaptability) for the skilled worker immigrant class was to choose adaptable applicants who would meet Canada's labour needs - which obviously change over time. With the Minister now choosing applicants, we may end up with skill specific individuals, perhaps less adaptable and more vulnerable to the fluctuations of the economy.

My personal belief is that the backlog should be addressed by devoting additional resources to the visa offices - and perhaps setting caps on new applications to limit the accumulation of unprocessed applications, and prioritize the processing of older applications.

As it stands, prospective skilled worker applicants from South Asian countries (read India and Pakistan) should perhaps concentrate their efforts on more accessible countries - like Australia or the H1B process in the US (which combined with the Alberta PNP will result in speedy permanent residence in Canada after a year of status in the US under a H1 visa).

No country is worth a 10 year immigration wait - especially when the respective economies of India and Pakistan are growing, and opportunities in the home country abound.

Conservative Immigration Reform

June 10, 2008 Toronto Star Article on the Bill C-50 - which passed 120-90 despite opposition. While the Liberals oppose the legislation, they did not vote in sufficient numbers to forestall it.

The reforms - for the most part - do make economic sense and appear to be reasonable policy - I'm adopting a wait and see attitude (but see one concern in my next post). Although I must admit, it is unfortunate that the government will be eliminating overseas humanitarian and compassionate applications -- see CTV article here).

Excerpts from the Toronto Star:

...

Under the changes, Immigration Minister Diane Finley will have the power to issue "instructions" to her department to give priority to categories of immigrants whose job skills are in demand in Canada. She would also have the power to refuse applications in other categories.

...

In the hours before the vote, NDP Leader Jack Layton urged the Liberals to oppose the changes and stand up for "immigrant communities."

"We're changing the whole nature of the way in which we approve immigrants," Layton said.

"We're reducing the number of immigrants and families who are coming in under the family programs and we're increasing the number of people coming in as temporary workers to the tune of tens of thousands of these people who are now coming in with no possibility of bringing their family or helping us to build the community," he said.

Layton said if Finley is truly interested in cutting the backlog of more than 900,000 applicants, she should deploy more staff to the offices where the waits are the longest.

"This is the more logical approach," he told reporters.

In defending the changes, Finley has said that the immigration system faces "collapse" and is already losing skilled workers who are migrating to other countries rather than face the lengthy wait to get into Canada.

...

CBSA Hotline

Interesting Globe and Mail article discussing the high number of frivolous calls made to CBSA toll free hotline designed to collect tips on immigration violations (specifically suspicious cross border activity).

The hotline may be of assistance to help safeguard Canadians from the dangers inherent and resultant from human smuggling.

The article did not actually contain information on the hotline which can be found here.

Immigration 'small benefit' to the UK

Interesting BBC article here.

I've noted before that the UK, in its approach to immigration and multiculturalism can often appear as a bellwether for Canada's own issues.

It appears that a House of Lords committee has concluded that record levels of immigration has had little or no benefit to the economic prosperity of Britons.

Sigh...Canada tackles immigration reform

Canada's Conservative government will introduce a measure to address the massive immigration backlog (currently at 850,000+ and resulting in an average processing time of 4 years):

National Post article.

The article also excerpts a Fraser Institute 2005 report indicating that immigrants are essentially a drain on the economy:

A report by the Fraser Institute in 2005 suggested that only 23% of immigrants are net fiscal contributors to Canada at a cost to the taxpayer every year of more than $18-billion (although 60% of immigrants are from the "economic class," fewer than half that number pass the points test -- the remainder are spouses and children).

Also - see this Canadian Press Report.

Attempts to reform Canada's immigration system is usually something that I applaud - and the Conservatives do have a point - the immigrant backlog is something they largely inherited from the Liberals who utterly failed to address the widening cracks already visible in the system. However, rather than cause hardship to Canadian families, why not apply triage principles to current files? There are a number of applicants that are either clearly qualified (or clearly not qualified) to immigrate to Canada - a determination should be made on these applications quickly, and at an earlier stage. Also ... the immigration fees paid by immigrants are actually bringing in more revenue than it costs to administer the program - if that's the case, it makes sense to use the funds to provide for more resources (more visa officers) to serve the immigrants. Given the state of technology and CIC's case management system, it should be entirely possible for CIC to coordinate resources to assist the beleagured visa posts of India, China and the Philippines (given the reality of scanning, email and the internet, there should be no problem for a visa officer sitting in a High Commision in a country in Europe to render a decision on a poor immigrant's file that has been gathering dust in New Delhi for 60+ months).

Bill Gates on US immigration reform

Interesting article discussing Bill Gates' recent appearance before the Congressional House Science Committee:

The toughest sell was the position of Gates, and others in high tech industries, that Congress raise the current cap of 65,000 H-1B visas, nonimmigrant visas that allow employers to hire foreign nationals with specific skills. The program also allows another 20,000 visas for foreign nationals receiving masters or doctoral degrees from U.S. universities.

Current limits, he said have led to a “serious disruption” in the flow of talented science, technology, engineering and math graduates to U.S. companies. Gates said Microsoft and other firms have been forced to locate staff in countries more open to skilled foreign workers . Last year, Microsoft was unable to obtain H-1B visas for one-third of the qualified foreign-born job candidates it wanted to hire.

Indeed, Canada was one of the countries "more open to skilled foreign workers" as indicated in this Global News Article:

Microsoft Corp. said on Thursday it will open a software development center in Vancouver, giving it a place to employ skilled workers snagged by U.S. immigration quotas.

It may signal the start of a new hiring trend, with other U.S. high-tech firms following in Microsoft's footsteps to Canada, where lawyers say it is easier for foreign nationals to obtain work credentials.

U.S. businesses want Congress to lift quotas on the number of visas the government issues to skilled professionals such as the software engineers that Microsoft employs. But as recently as last week lawmakers rejected legislation that would have addressed their concerns. Canada doesn't impose quotas on the number of visas it issues each year.

Microsoft said it plans to open the Vancouver facility by the end of the year. It will initially have about 200 workers, and employ about 900 within a couple years.

'Canada's luster lost' (for Europeans anyway)

Interesting article from the Warsaw Business Journal that discusses the drop in European immigration to Canada, and the loss of Canada's 'luster':

...

During the past five years, European immigration to Canada has dwindled, even as overall immigration to Canada has been on the rise. According to a Statistics Canada survey, Canada is now home to its largest population of new Canadians in 75 years, with 1.1 million newcomers arriving between 2001 and 2006.

Of these, Europeans accounted for just 16.1 percent of newcomers, far fewer than those from Asian and Middle Eastern countries and down from 60 percent 30 years ago. The decline in the number of Poles relocating to Canada reflects the steady decline in European immigration to the country.

...

Canada's luster lost

...

...

A second factor affecting the trend is the increasing pull from within Europe. Following the European Union's enlargement in 2004, the United Kingdom, Sweden and Ireland have all opened their borders to Polish workers.

A third factor is migrants' desires to remain close to their families. Since Canada is such a great distance from Poland, many find it too far to travel. By contrast, travel within Europe has become cheap and convenient. Poles no longer need to go halfway around the globe when they can fly to the UK and find a job that fits their skills.

Canadian Live in Caregivers - Also known as Nannies...

Great article in the National Post on the trials and tribulations for Filipina nannies who leave their own families 10,000 km behind to care for someone else children.

Excerpt:

It's a bleak January morning in a Don Mills cafe when Elena Bautista explains why she left her husband and young daughters in the Philippines five years ago to look after someone else's children in Canada.

"I came here for the future of my kids," says Bautista. "It's for a greener pasture."

Bautista is one of tens of thousands of Filipina nannies who have come to Canada in search of a decent salary and a better life. Like many of the nannies, she hopes her family will one day be able to follow her to Canada. But there's a deep personal cost to her plans.

...Eight million Filipinos work overseas today, lured from home by developed world wages. Ten per cent of the country's population is abroad. They send back an estimated US$16-billion each year -- remittances are one of the most fruitful sectors of the Filipino economy and account for about 10% of the national gross domestic product.

More than 6,000 Filipinas arrive in Canada under the federal government's live-in caregiver program. They make up more than one in five female immigrants to Canada and more than nine out of 10 of the live-in caregiver program's participants.

...

Pratt's research suggests there is a very high school drop-out rate among Filipino kids who come to Canada. There is a "profound sense of family dislocation" because of the length of time mothers are separated from their children -- as long as eight years in some cases. When the children arrive, the mothers frequently work long hours or have multiple jobs, making it more difficult to re-establish family connections. Their children also feel obligated to leave school and get out into the workforce as early as possible to help make ends meet.

Unfortunately, Arcelie Laoagan's quest for a greener pasture ended with her murder in this city; hopefully her dream to bring her family to Canada will not die with her.

Deep seated problems in immigration...

Liberal MP Jim Karygiannis, using information obtained through the Access to Information Act, has revealed great disparities in how immigrants are processed from country to country. While he naturally criticizes the Conservative government, it should be noted that it was under the Liberal aegis that the immigrant backlog increased from 50,000 to 800,000.

Link here.

These are however, not good signs for a country that needs to attract the best and the brightest - and of course expeditiously and fairly reunite Canadian families.

Canadian Jailed in India on Visa Violation

Canadian Saul Itzhayek has been jailed and sentenced for 3 years for entering India without a visa from Nepal. Imprisoned in the Bihar city of Motihari, Itzhayek has already been incarcerated for 8 months - with, what he claims is inadequate assistance from Canadian authorities. Full article here, excerpt:

Itzhayek was in Nepal on a business trip and sent a driver into India to pick up a money transfer. The Indian police stopped the driver at the border, and in turn asked Itzhayek to come into India and explain what was going on. He knew he didn't have a valid visa, but says the police offered him safe passage. When he arrived in the country, he was questioned and then charged with "violating India's sovereignty."

In a sworn statement, Itzhayek says the police demanded a bribe. He offered them 50,000 rupees, which is about $1,200, but says they wanted 500,000 rupees, and wouldn't give him time to raise the money. "Now, or forget it."

So, no bribe, no release, and ultimately - three years in prison.

"I know they're all corrupt here," he says, bitterly. "I've told them they can check my file. I've done nothing wrong in 42 years. I have two kids, and all I want to do is go home."

In all the time he's been in prison, Itzhayek has had three Canadian consular visits, and is extremely resentful and critical of the support he's received from his own government.

"They don't want to help you. You're on your own. That's what they told me."

"If this was Stephen Harper's son, I'm sure he'd be out in 24 hours."

Even the prison superintendant indicates that Itzhayek is not a criminal.

My visa actually expired in India and it was a trek into the Byzantine world of Indian bureaucracy to leave in 2005 - which must pale in insignificance next to Itzhayek's suffering - he's already lost 30 kg (I doubt however that incarceration in India will ever become a popular weight loss strategem).

Hopefully Itzhayek's soujourn and suffering will end soon with his return to Canada.

Hmmm...perhaps an exchange of visa violators can be arranged - Canada can send Mr. Laibar Singh to India in exchange for Itzhayeks' return.

Former Live in Caregiver Murdered

The life of an immigrant is never easy.

A newcomer to Canada leaves behind his or her family, friends, home and familiar environs in hopes of a brighter future in this country. There are many success stories - especially tragic are instances where the dream ends.

Arcelie Laoagan's life ended violently after working a late shift in downtown Calgary. A mother of five from the Philippines, Arcelie originally came to Canada as a live in caregiver and wanted to sponsor her five children and husband to come live with her here.

Globe and Mail article here.

A church leader spoke of Arcelie to the Calgary Herald:

"She sacrificially lived for her family, to make a way for them to have a better life in Canada," Zoeteman said on Saturday of the woman with the magnetic personality. "Her nature was always to have two jobs. It was her intent to pay the way for her entire family to come here as well."

Laoagan's employer - West Canadian - has set up a trust fund for Laoagan's family and has contributed $10,000.

It appears that Laoagan had initiated the process of sponsoring her family to Canada. With the death of the sponsor, those applications are now in jeopardy.

Immigration to Canada - Worth Waiting For?

Just read a recent article by Jay Somerset which discusses the plight of skilled workers waiting for their PR status:

Half of all skilled-worker applications take 55 months to be processed -- almost five years. Some take as many as 74 months.

Somerset quotes from a number of stakeholders in the debate, including immigration practitioners and those stuck in the seemingly endless queue. When asked for my opinion, I simply pointed out the frustrations of many of my own clients (note to the reader - I am not a former CIC officer, but a former Refugee Protection Officer from the Immigration and Refugee Board):

"People are giving up on Canada," says Raj Sharma, a former CIC officer who now practices immigration law in Calgary. "I've got a client from the U.K. who came here to study medicine. He passed his exams and is now working in the U.S. on a permit while he waits for his PR application to be processed. He's obviously qualified to live and work in Canada." Meanwhile, he notes, our doctor shortage persists.

My client (who is actually a doctor) from the UK continues to wait for a decision on his PR application - it's only been 36 months or so...he's also been requested to provide additional proof of his English language proficiency, even though he'd submitted both the General and Academic versions of the IELTS.

Unfortunately, with 800,000 immigrants 'in processing' this is not a problem that will be solved overnight. The fact that the immigration portfolio for both the present and previous government was a bit of a revolving door also does not bode well for the future health of the departmnet.

The article also contains a distressing comment by an unnamed CIC source:

"We're not in the business of customer service," said one immigration officer.

Unfortunate comment but clearly the unvarnished truth.

Troubling Past for Cheema

The husband of murdered principal Shemina Hirji not only has a criminal past, but an immigration history as well. A permanent resident, he was subject to a deportation order because of his conviction of a serious, violent criminal offence against his then fiancee some 12 years ago. That deportation order (issued by the Immigration Division of the Immigration and Refugee Board) was later set aside by the Immigration Appeal Division.

There is apparently no indication or evidence that a home invasion as asserted by Cheema resulted in the death of his new bride. Globe and Mail article here indicates that Cheema was arrested by the police on Saturday. No details regarding his involvement (if any) - or the circumstances of his arrest over the weekend - have yet been made public.

The Vancouver Sun on the other hand indicates that Cheema is now the only suspect in the murder and was questioned and released on the weekend. The article also discusses that Cheema apparently had plans to leave the country.

The CBC has posted a PDF of the IAD decision here.

In determining whether to set aside a deportation order against a permanent resident, the IAD looks at a number of factors. Jurisprudence, including Chieu and Ribic, indicate that relevant factors for the Board's decision include:

• Whether sufficient humanitarian and compassionate considerations exist for the exercise of the Board's discretion (see Chirwa - "the meaning of the words 'compassionate considerations' must therefore be taken to be those facts ... which would excite in a reasonable man in a civilized community a desire to relieve the misfortunes of another..."
• Length of time and degree of establishment in Canada (this can include positive employment history, community and volunteer involvement etc.)
• The seriousness of the criminal conduct/transgression and the prospects of rehabilitation
• Family ties in Canada and dislocation to the family unit if deportation were to occur
• Best interests of any child affected by the decision
• Community support for the individual
• Degree of hardship to the individual if he or she is removed/returned to his/her country of nationality

Obviously, Mr. Cheema was able to establish (on a balance of probabilities) that he was deserving of the IAD's discretion in setting aside the deportation order.

Assuming Mr. Cheema is not yet a Canadian citizen - and assuming that he is charged and convicted in relation to his wife's murder - he would yet again face the prospect of removal from Canada (after the completion of any sentence imposed).

Other notable cases involving the IAD's jurisdiction to hear removal appeals are two brothers facing removal for criminality - Vancouver Sun article here and a National Post artice on the attempts of the government to remove a reputed Tamil Tiger here.

Bush Administration to Push for Tighter Visa Requirements

Fall out from the UK 'Operation Crevice' arrests and convictions:

The Bush administration is so worried about the terror threat posed by radical young British Muslims that it is pressing Congress to tighten U.S visa rules. The new regulations will require visitors from the United Kingdom and other allied countries to fill out detailed online background questionnaires before they board American-bound flights.

MSNBC Article here.

Interestingly, the official line is that ethnic/country specific 'profiling' will not be utilized in issuing visas (at least from visa waiver countries):

U.S. officials emphatically deny, however, that one way they might try to tighten the visa system was to specifically restrict the granting of U.S. visas to Britons of Pakistani or any other ethnic group.  "We reject any suggestion of ethnic profiling," Homeland Security spokesman Russ Knocke told NEWSWEEK. Knocke was commenting on a New York Times report suggesting that Britons of Pakistani ancestry might be singled out. Knocke insisted that U.S. authorities would never use ethnic, religious or country-of-origin profiling as a method of selecting travelers from waiver countries for added scrutiny.

Here's an article on "Racial Profiling in an Age of Terrorism".

UK Crackdown on Terrorists

The UK continues in it's efforts against Islamists ... arresting 6:

"The arrests form part of a long-term pro-active and complex investigation into alleged incitement and radicalisation for the purposes of terrorism, as well as alleged provision of financial support for international terrorism."

BBC Article here.

Immigration News for April 16, 2007

Former KGB agent now faces deportation after failing to convince the IAD: Globe and Mail article here.

A failed refugee from China with a Canadian born child is receiving offers of assistance: Article here.

The Federal Court has ordered the release (on strict conditions) of another individual held on a security certificate: Article here.

A convicted drug dealer is seeking an appeal to attempt and reduce the length of his sentence - even by one day - as the 2 year sentence prevents an appeal of the 'deportation' (finding of criminal inadmissibility) to the Immigration Appeal Division: Article here.

 

Lai Changxing...et al.

Some recent immigration news/developments:

Toronto Star Article - David Matas, counsel for Lai Changxing has succeeded in obtaining leave for a Judicial Review of the PRRA decision with respect to his client's removal to China. Article here.

Globe and Mail - reports on the situation of a Romanian (Roma/AKA "Gypsy") currently in the Calgary Remand Centre and charged with theft due to deliver a baby and is facing removal from Canada. Article here.

Winnipeg Free Press on a Somali refugee facing deportation due to his criminality in Canada - and canvasses the difficulties CBSA is having in removal. Article here.

Interesting article on CBC - Chinese national who previuosly sought refuge in a Church - and has been fighting deportation for years has been granted status in Canada notwithstanding a guilty plea to manslaughter and incarceration in Canada (she was granted a pardon ...). Article here.

CItynews article on the strange story of an Iranian couple and their Canadian child, removed from Canada after a failed refugee claim and their return via an detention centre in the United States. Article here.

Service Canada

The CBA immigration section had Mr Mark Zeliger speak to the section on February 28. Some comments: - additional staff will be on board (soon) - processing time targets will be 6-8 weeks (we'll probably only see times back at 3-4 weeks when the economy tanks) - foreign worker officers approach a file with an attitude to approve unless the employer acts 'positively to disqualify himself" - bulk requests of 50 or more are sent to NHQ for additional approval - SC will also thoroughly review housing and accommodations for the foreign workers - staff have been hired to answer the phones and calls are being answered by a person almost 70 per cent of the time - messages are returned within 48 hrs - Emails are discouraged - faxes are the preferred method of communication - a new employment contract is available allowing 24 month terms for low skill workers

Alvaro Antonio Orozco

Alvaro Antonio Orozco's refugee claim was refused by the Immigration & Refugee Board, Refugee Protection Division Member Deborah Lamont (now a Member of the Immigration Appeal Division) essentially because of credibility. Member Lamont found that:

"I found the claimant's many explanations unsatisfactory for why he chose not to pursue same-sex relationships in the U.S. as he alleged it was his intention to do so and he wanted to do so," she wrote in her decision.

Instead, she concluded: "...he is not a homosexual... and fabricated the sexual orientation component to support a non-existent claim for protection in Canada."

CTV.ca article here.

Orozco's new counsel, noted refugee counsel El-Farouk Khaki, intends to file an application with the Federal Court to stay the removal order and attempt to re-open the refugee claim, arguing the IRB breached its own policy/procedure.

A very good article from the globe and mail here.

It looks like Mr. Khaki has managed to win his client some time: (globe and mail article here) - The Department of Justice agreed to defer Orozco's removal for 2 months, giving Orozco time to file and application to stay on humanitarian and compassionate grounds

(hmmm, however, a filed "H&C" application does not stay a removal order - only a PRRA or other legislative/Federal Court appeal does...).

Criminally charged Immigration Consultant Walks Free

Yuri Gavris walked out of court a free man yesterday, acquitted of charges he counselled unfounded refugee claims and arranging a fraudulent marriage.

It would appear that the trial - scheduled to last 2 weeks and was to include testimony from undercover RCMP officers and a former employee - unravelled after legal applications and delays in the case.

Toronto Star article here.