The COVID-19 pandemic has significantly impacted Canadian immigration policy and processes. The majority of immigration hearings have been postponed. Among numerous changes, the Safe Third Country Agreement has been extended to non-POE crossings, which may drive individuals to make in-land refugee claims. Foreign nationals with valid study and work permits will be allowed to enter Canada, but visitor visa processing and entry will be limited. Applications to remain on humanitarian and compassionate grounds are expected to increase, and deportations are on pause. Infection may well lead to more cases of medical inadmissibility in the future. The immigration system and visa offices are under strain, and it's uncertain whether Canada will be able to process the target for Permanent Residents. The family class was slated to reopen in April, but its reopening is uncertain. The author's law firm has shifted to telephone and Skype consultations and is hoping for electronic signatures to replace "wet signatures" on forms.
Many things have changed in the last few weeks. This is clearly a watershed, not least for Canadian immigration policy. It is easy to list the changes -but not so easy to grasp the innumerable consequences.
For one, the vast majority of immigration hearings are post-poned -to early May (this will probably change). Detention reviews are still on -and given the impossibility of social distancing in remand or other holding centres, COVID-19 should be a factor in
support of release. In terms of hearing post-ponement -the IRB, particularly the RPD was doing an impressive job in cutting the backlog down. Clearly that is out the window. This has also impacted refugee notification/eligibility.
For another -the extension of the Safe Third Country Agreement. Remember the STC came into existence after another crisis -September 11, 2001. The STC however only applied to designated POEs. However, Canada and the US just reached an agreement to turn back migrants at non-POE crossings.
BTW This may alleviate some intake for the RPD.
I do have concerns that this decision will drive individuals to cross the border surreptitiously and make in-land refugee claims. Some stakeholders are calling it a derogation of our international/humanitarian commitments given the serious concerns regarding asylum process in the US. In my opinion, this is an extension of what the Liberal government announced some months ago making those claimants that had made a previous claim in the US ineligible.
In terms of foreign nationals. While those with valid study and work permits will be allowed to enter Canada (after a period of confusion) it is clear that visitor visa processing and the entry of visitors will be curtailed for quite some time. There may well be an impact on the international student intake for this fall.
I suspect an increase in the individuals filing applications to remain on Humanitarian and Compassionate grounds. Depending on the country of return, COVID-19 should be a relevant consideration.
Even CBSA has bowed to the dictates of COVID-19 -deportations are on pause (unfortunately the moratorium came late for 2 of our clients).
Look for more findings of medical inadmissibility if those that recover from COVID-19 have long term complications.
I'm not sure whether Canada will be able to process (or whether it should) the target for PRs. We may be looking at a significant increase to the unemployment rate for a significant period of time. I'm not sure whether adding residents makes sense. I'm not sure whether we should be adding more seniors to our population right now (the family class was slated to re-open in April).
Further, it appears immigration officers/visa offices/officers are under strain -I doubt whether they can maintain previous levels of productivity. Perhaps we should be focusing on converting those already in Canada (international students/PGWP holders/TFW) to PR rather than select those that are abroad.
That being said, immigration does confer some economic benefits as well. I'll leave this to those more well-versed in economics.
This crisis has affected our law firm and the way we deliver our services. Unfortunately that is true of many other professions and industries as well. During this time we are attempting to maintain our responsibilities to our clients. Our consultations are now via telephone and Skype -luckily we did transition to Office 365 not too long ago and so our professionals have functionality from home.
PS we look forward to IRCC accepting electronic signatures/photocopies rather than "wet signatures" that are required on some forms.
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