In the face of the ongoing crisis in Gaza, Canada has demonstrated its commitment to compassion and support by introducing a temporary public policy. This initiative is specifically designed to extend a helping hand to certain extended family members of Canadian citizens or Permanent Residents (PRs) significantly affected by the crisis. In this article, we explore the details of this policy, its eligibility criteria, and the broader impact it aims to achieve during these challenging times.
The policy is tailored to address the unique circumstances of families directly affected by the crisis. Eligible individuals include certain extended family members who can now apply for Canadian temporary resident visas (specifically, fee-exempt open work permits or study permits). The aim is to ease the burden on those seeking refuge and support and recognize the importance of family unity during times of distress. The Government of Canada will start accepting applications for people with extended family connections to Canada, including parents, grandparents, siblings, and grandchildren. This public policy comes into effect on January 9, 2024.
Eligibility for Canada’s temporary visa for Gaza residents with Canadian relatives includes:
Extended Family Members: Siblings, grandparents, and other close relatives of Canadian citizens and permanent residents.
Proof of Relationship: Documentation verifying the familial connection with the Canadian relative.
Financial Stability: Evidence of sufficient financial resources to support themselves during their stay.
Background Checks: Successful completion of necessary security and background checks.
Time-limited medical coverage. In order to support their immediate medical needs upon arrival, permanent residents, family members of permanent residents, and Canadian citizens who arrived in Canada after their assisted departure from Gaza may be eligible to apply online for time-limited medical coverage under the Interim Federal Health Program.
Canada’s response to the crisis in Gaza through this temporary public policy reflects a profound gesture of compassion. By opening its doors to family members affected by the crisis, Canada is providing a supportive and welcoming environment during times of uncertainty. The policy serves as a symbol of solidarity and empathy, reinforcing the nation’s commitment to standing alongside those facing adversity.
Set out on your adventure and get your paperwork ready so you can reunite your family in Canada and apply for a new Canadian visa. We at Doherty Fultz Immigration are dedicated to supporting your application for the new Canadian visa so you can bring your family together.
Canada has unveiled a new pathway to Canadian permanent residence, extending a warm welcome to those affected by the Russian invasion and war. This new pathway is a testament to the enduring bond between the two nations and a recognition of the need to provide a secure haven in troubled times. Canada responded to the invasion of Ukraine by Russian President Vladimir Putin’s soldiers in February of last year by welcoming Ukrainians and establishing the Canada-Ukraine Authorizations for Emergency Travel (CUAET) channel within a few weeks.
The newly introduced pathway to Canadian permanent residence, which started on October 23, 2023 and will be open for one year, offers eligible Ukrainians a streamlined process to call Canada their new home. Applicants will find an accessible and straightforward application process designed to expedite their journey to becoming permanent residents. As Minister of Immigration, Refugees, and Citizenship Canada, Mark Miller stated,
“We continue to extend unwavering support and a lifeline to families separated by this conflict, including through this family reunification pathway that will help Ukrainian families stay together as they rebuild their lives in their new communities in Canada. “This continued support builds on our steadfast commitment to help Ukrainians find a safe haven and provide them with the assistance they need.”
How does the new PR pathway for Ukrainians work?
A new temporary public policy will make it easier for some Ukrainian nationals who are currently in Canada to apply for Canadian permanent residency if they have family members who are citizens or permanent residents of Canada. Additionally, it will make it easier for their qualified family members who live outside of Canada to obtain permanent resident visas.
The deadline for eligible individuals to submit their application for a permanent resident visa is October 22, 2024.
Under the new method, Ukrainian foreign nationals in Canada and their families are eligible to apply for permanent residence, even if their relatives reside outside of Canada. Once their eligibility is verified, IRCC will require them and their families to undergo any necessary medical examinations, conduct criminal and security checks, collect biometric data if necessary, and notify them if their application has been processed.
Relatives of Ukrainians living in Canada who meet the requirements include:
spouses and common-law partners;
children (regardless of age);
grandchildren;
parents;
grandparents, and;
sibling (or half-sibling).
Access to high-quality healthcare, education, and a safe and peaceful environment for raising families are just a few of the benefits. Ukrainians now have the opportunity to build their lives in a nation known for its multicultural and welcoming ethos. Canada is supporting Ukrainians with financial support of $3,000 per adult and $1,500 per child for their basic needs while travelling and searching for a new job. Beside these benefits, there are many more, such as a dedicated service channel, urgent processing of travel documents, permission to extend their stay in Canada, and the issuance of open work permits to Ukrainian visitors, workers, and students for staying longer.
The new pathway to permanent residence for Ukrainians in Canada marks the beginning of an inspiring journey. It’s a testament to the enduring ties between the two nations and a beacon of hope for those seeking a fresh start. As Ukrainians step onto Canadian soil, they bring with them dreams, ambitions, and the potential for a brighter future for both themselves and their new home. This underscores Canada’s enduring commitment to standing with those in need.
Families torn apart by this crisis continue to receive unflinching support and a lifeline from Canada, including through the new family reunion pathway that will assist Ukrainian families to remain together.
The Canadian federal government has started a new immigration program that would grant Canadian permanent resident status to Ukrainians who have fled their war-torn nation and are already living in Canada. Through this family reunion pathway, which will assist Ukrainian families to stay together while they rebuild their lives in their new communities in Canada.
Starting on October 23, 2023, this new route will provide anyone who wishes to stay in Canada that have escaped Russia’s unlawful invasion permanent residence. Ukrainian nationals must have at least one family member residing in Canada and be a temporary resident. Ukrainian spouses, common-law partners, parents, grandparents, siblings, and children or grandchildren of a Canadian citizen or permanent resident are among those who are eligible. In-depth details will be made available closer to the program’s October debut. Ukrainians with temporary resident status who have one or more family members residing in Canada will also be eligible.
Once in Canada, temporary residents will be able to apply for Canadian open work permits and Canadian study permits, which will all be given priority, to extend their stay for up to three years. Additionally, they will have access to settlement programs including employment assistance and language instruction.
Families that qualify to immigrate to Canada may be sponsored by Canadian citizens and permanent residents. Applications must be filed using the standard procedure. Applications will be given priority by IRCC if the family member you are supporting is:
Ukrainian national outside Canada and one of the following family members:
your spouse or common-law or conjugal partner
your dependent child (including adopted children)
Canada-Ukraine Authorization for Emergency Travel
(CUAET) is only one of the several unique initiatives the Canadian government has put in place to assist the Ukrainian people. It provides free, prolonged temporary status to Ukrainians and their families, enabling them to live, work, and study in Canada until it is secure for them to return home.
Up to July 15, 2023, Ukrainians and members of their families were able to apply for a CUAET visa abroad. Applications that are submitted before the deadline will still be processed.
The exceptional measures will allow CUAET holders to enter Canada up to March 31, 2024. Holders of CUAETs who are already in Canada will have until March 31, 2024, at no cost, to extend or modify their temporary status.
Ukrainians who applied for temporary resident status from overseas under the current programs are subject to fees and the usual conditions after July 16, 2023.
Families have until October 22, 2024 to apply for the new track to permanent residency, which needs no financial investment.
Canada Implements Temporary Immigration, Passport and Citizenship Measures Due to The Ongoing Situation in Iran
Special steps have been implemented in reaction to the situation in Iran to assist Iranian temporary residents in Canada, as well as Canadian nationals and permanent residents living in Iran.
Iranian temporary residents in Canada includes Iranian visitors, students, and workers.
You can apply to extend your stay in Canada for free by applying to
extend your current temporary status (stay longer than your original expiry date)
or change your temporary resident status
– For example, from a visitor to a worker.
Canadian citizens and permanent residents living in Iran
You can apply for the following documents for free:
limited validity Canadian passport
Canadian citizenship certificate
permanent resident travel document
Individuals with a Temporary Resident Visa
Individuals with a Temporary Resident Visa (TRV) from Iran have the opportunity to come to Canada and apply for a work permit. Once they have gained a year of eligible work experience, they may be eligible to apply for permanent residency in Canada. This presents an opportunity for Iranians to gain Canadian work experience and potentially become permanent residents.
Additionally, those who are currently in Canada and wish to extend their stay or change their status can do so by submitting an application. It’s worth noting that visitor visa holders from Iran are also eligible to submit an application for a work permit from inside Canada after they arrive. This presents a pathway to work and eventually becoming a permanent resident, which is a significant draw for many individuals seeking to establish a new life in Canada.
The duration of work permits for Iranians arriving in Canada is currently unknown. However, based on past instances, the work permits issued to Ukrainian nationals were valid for three years, which may provide some insight into the potential length of the work permit for Iranians.
Nonetheless, the opportunity for Iranians to apply for a work permit and gain Canadian work experience is a valuable pathway to potentially becoming a permanent resident of Canada. This opportunity presents individuals with the chance to build their careers, make connections, and potentially establish a new life in Canada.
The immigration support for Iranian nationals in Canada has been extended until at least February 28, 2024. This extension reflects the ongoing commitment of Canadian authorities to support Iranian nationals residing in Canada amidst the challenging political situation in Iran.
To apply for these new measures, individuals are encouraged to visit the Immigration, Refugees and Citizenship Canada website starting today, March 1st. Further details about the application process and the types of support available is provided on the website.
This information is critical for those who are looking to extend their stay, change their status or seek assistance during their time in Canada. By providing this support, the Canadian government aims to assist Iranian nationals in Canada during these uncertain times, and help them to rebuild their lives and careers in Canada.
اقدام دولت کانادا برای مهاجرت موقت، صدور پاسپورت و گواهی سیتیزنشیپ (برای ایرانیان) با توجه به وضعیت کنونی ایران
کانادا در واکنش به شرایط ایجاد شده در ایران و در جهت حمایت دارندگان ویزاهای موقت ایرانی که در کانادا حضور دارند، و همچنین اتباع ایرانی و دارنگان کارت اقامت دائم کانادا که در ایران ساکن هستند، مسیرهایی را لحاظ کرده است.
دارندگان ویزای موقت شامل ویزای ویزیتور، تحصیلی و کاری
اگر ایرانی و دارای ویزای موقت هستید و در کانادا حضور دارید و قصد تمدید ویزای موقت خود را دارید یا میخواهید ماهیت آن را برای مثال از ویزای ویزیتور به کاری تبدیل کنید، حالا میتوانید این کار را به صورت مجانی انجام دهید.
اتباع کانادایی یا دارندگان کارت اقامت دائم
همچنین اتباع کانادایی و یا دارندگان کارت اقامت دائم کانادا که در ایران زندگی میکنند میتوانند به صورت مجانی برای مدارک ذیل اقدام کنند:
۱- پاسپورت کوتاه مدت کانادایی
۲- گواهی شهروندی (سیتیزنشیپ) کانادا
۳- مجوز سفر برای کسانی که کارت اقامتشان منقضی شده (PRTD)
دارندگان ویزای موقت (TRV)
برای دارندگان ویزای موقت کانادا شرایطی فراهم شده که به کانادا بیایند و برای مجوز کاری اقدام کنند. بعد از صدور مجوز به کار در کانادا مشغول شوند و پس از داشتن یکسال کار واجد شرایط در کانادا برای اقامت دائم اقدام نمایند. این راه امکان داشتن تجربه کاری کانادایی را برای ایرانیان فراهم میآورد و آنها را در مسیر اخذ اقامت دائم کانادا قرار میدهد.
همینطور کسانی که در کانادا هستند و میخواهند ماهیت ویزای خود را تغییر دهند این امکان را از طریق مسیرهای مشخص شده خواهند داشت. لازم به ذکر است که دارندگان ویزای ویزیتوری به محض ورود به کانادا میتوانند برای مجوز کار درخواست بدهند. همانطور که پیشتر اشاره شد، این مسیر برای کسانی که قصد ساختن زندگی جدیدی در کانادا دارند جذابیت بالایی دارد چرا که میتواند در نهایت به اخذ اقامت دائم منجر شود.
در حال حاضر مدت زمان اعتبار مجوز کار مشخص نشده است. در گذشته، برای اتباع اوکراینی مجوز کار با اعتبار ۳ سال صادر شد که احتمال دارد برای ایرانیان هم همینطور باشد.
در هر صورت این مسیر برای ایرانیانی که قصد کسب سابقه کار کانادایی در جهت اخذ اقامت دائم دارند فرصت بسیار خوبی است. به این افراد این فرصت داده شده که مسیر شغلی خود را بسازند، ارتباط برقرار کنند و زندگی جدیدی در کانادا داشته باشند.
حمایت های مهاجرتی از اتباع ایرانی که در کانادا حضور دارند حداقل تا ۲۸ فوریه ۲۰۲۴ تمدید شده که نشان دهنده تعهد دائمی مقامات کانادایی برای حمایت از ایرانیان مقیم کانادا در شرایط کنونی سیاسی در ایران است.
به این منظور از علاقمندان درخواست شده از اول مارس به وبسایت اداره مهاجرت کانادا (IRCC) مراجعه کنند. جزئیات بیشتر در مورد نحوه درخواست و انواع پشتیبانی های ارائه شده در وبسایت موجود میباشد.
این اطلاعات برای کسانی که میخواهند اقامت خود در کانادا را تمدید کنند و یا مادامی که در کانادا هستند از حمایت خاصی برخوردار شوند از اهمیت بسزایی برخوردار است. با این کار دولت کانادا در شرایط کنونی نامشخص ایجاد شده قصد حمایت از ایرانیانی را دارد که در کانادا حضور دارند تا بتوانند زندگی و معیشت خود در کانادا را بسازند.
Due to the ongoing situation in Afghanistan, the government of Canada is actively prioritizing permanent resident applications for Afghans in Canada and abroad.
What does this mean for me?
This means that Canada is prioritizing certain types of applications for Afghan nationals, as a special measure under this initiative and will review and process applications as quickly as possible.
What are the requirements for priority processing?
Your application must be one of the following, and meet specific requirements be prioritized.
Sponsoring a family member (family reunification)
Priority will be given to your application if
you’re a Canadian citizen, permanent resident or person registered under the Indian Act
the family member you’re sponsoring is
an Afghan national outside Canada and
one of the following family members:
your spouse or partner
your dependent children (including adopted children)
orphaned relatives under the age of 18
You can apply to sponsor other Afghan family members, but your application won’t be prioritized.
Permanent residence as a protected person in Canada
To have your application prioritized, you must meet all the following requirements:
you’re an Afghan national
you’re submitting a protected persons application for permanent residence in Canada and
your application includes dependent Afghan family members overseas
Dependent family members in this situation include
your spouse or partner
your dependent children
Permanent residence for dependants of resettled Afghan refugees
To have your application prioritized, the following requirements must be met:
you’re the spouse, partner or dependent child of an Afghan refugee who has already been resettled in Canada (this person is the principal applicant on the original application to resettle in Canada)
the principal applicant declared you as a dependant on their resettlement application
you’re currently outside Canada and
you’re applying for permanent residence within a year of the principal applicant arriving in Canada
Temporary residence in Canada
New applications for temporary residence will be prioritized as long as they meet the following requirements:
you’re an Afghan national
you’re outside Canada
you’re an eligible family member of a Canadian citizen, permanent resident or person registered under the Indian Act and
In addition to prioritizing applications, the government is also waiving fees and a few other requirements on certain types of applications.
Canadian citizens and permanent residents
If you are a Canadian citizen or permanent resident and currently in Afghanistan or another country on your way to Canada, the government of Canada will waive fees for:
1-year passports
urgent travel documents
permanent resident travel documents
proof of Canadian citizenship
Afghan nationals who are immediate family members of Canadian citizens and permanent residents
As part of the special measures for Afghan refugees, the Government of Canada has announced a special humanitarian program to resettle vulnerable Afghan nationals outside of Afghanistan.
Am I eligible for this program?
To be eligible for this program you must meet all these requirements:
you’re an Afghan national
you’re outside of Afghanistan
you don’t have a durable solution in a third country and
The Government of Canada is working with international and Canadian partners to implement this new humanitarian program. You cannot apply to this program directly.
These special measures enable Afghan refugees to be settled on two ways.
Government assisted refugees
Under the government-assisted refugees program, the government will resettle Afghan nationals to Canada and provide support for up to one year after arrival.
To meet this requirement, you must be referred by one of the following referral partners:
Canada has recently introduced new special measure programs for Afghan nationals, which will support the objective increasing the eligible refugees to 40,000.
We will be talking about the special measure for Afghan nationals and their families, who have assisted the Government of Canada, in Afghanistan.
The other measures are discussed in the links below:
The special immigration program for Afghan nationals, and their families, who assisted the Government of Canada does not require applicants to be in Canada, or in Afghanistan, nor requires them to go back to Afghanistan to be eligible to have their applications processed.
Am I eligible for this program?
To be eligible for this special program you must meet all the requirements below:
you’re an Afghan national and your employment involved a significant and/or enduring relationship with the Government of Canada. This could be, but is not limited to
interpreters who worked with the Canadian Armed Forces
local staff who currently or used to work at the Embassy of Canada to Afghanistan
you or your eligible family members were in Afghanistan on or after July 22, 2021 (the date this special program started)
Remember, you don’t need to be in Afghanistan to apply for this program. You can still apply if you or your family has left Afghanistan on or after July 22, 2021, and you and/or your family don’t need to return to Afghanistan to complete your application, or to provide biometrics or to get a medical exam done as part of your application.
Who are eligible as my family members?
For this special program, only the following are considered as family members:
a spouse or common-law partner
a dependent child who is
under 22 years of age and
not married or in a common-law relationship
a dependent child of a dependent child (a grandchild) who is
under 22 years of age and
not married or in a common-law relationship
De facto dependants will also be eligible under this special program. A de facto dependant is someone who
depends on a specific family for emotional or financial reasons (or both)
may live with the family as a member of their household
I meet the eligibility, what do I do next?
If you and your family members meet the eligibility for this special program, visit the IRCC’s dedicated page and follow the steps below.
Step 1
From the first drop-down menu, choose “Situation in Afghanistan.”
From the second drop-down menu, choose “Ask about the special immigration measures for Afghans who helped the Government of Canada.”
Click “Continue” to move forward.
Step 2
Depending on your situation, you should respond to these two questions.
Which of the following applies to you?
I’m an Afghan national who worked with the Canadian Armed Forces.
I’m an Afghan national whose employment involved a significant or enduring relationship with the Government of Canada.
I’m an Afghan interpreter who worked with the Canadian Armed Forces and was resettled to Canada under either the special immigration program (in 2009 or 2012) AND I want to support a member of my extended family in Afghanistan, or in a precarious situation elsewhere.
If you are:
the principal applicant
an authorized representative of the applicant
writing on behalf of the principal applicant
If you are an authorized representative or completing this form on behalf of the principal applicant, you will need to provide additional information about yourself and fill out additional forms to confirm your authorization to act on behalf of the principal applicant.
In this example, we’re choosing the option in bold and italics above.
Click “Continue” to move forward.
Step 3
We’ll assume you currently live in the United Arab Emirates.
Step 4
Fill out this section with your personal information as the principal applicant.
Step 5
If you have previously submitted any application, please provide the following information:
If you have not submitted any previous application, you can move forward to the next step of providing supporting information and documentation for your application.
Step 6
This section asks about supporting documents or information about any family members of the principal applicant and their current situation.
In addition, you are required to provide supporting information regarding your engagement with the Canadian government, your or your family’s current situation in Afghanistan. Only upload copies of your passports and documents that show you worked with the Government of Canada (if you have them). You don’t need to send any other documents or photos until you are asked to provide them.
Click on “Review Your Account” once you are ready to submit.
What’s next?
The IRCC will review your request to make sure you’re eligible and contact you if they need anything else.
To know more about the special programs and measures put in place by the government of Canada for Afghan nationals and refugees, visit our blog.
Need to discuss or have us work on your application? We’re here for you. Book Appointment
The IRCC has issued a new policy in line with the government’s objective to expedite and assist Afghan and NIcaraguan nationals to immigrate and settle in Canada. This policy focuses on refugee applications who have received a decision from the Immigration Refugee Board (IRB) or the PRRA officer. Such applicants are now exempt from the 12-month bar to apply for the PRRA based on their IRB or previous PRRA decision.
The decision from the Immigration Refugee Board (IRB) or the PRRA officer should be:
For Afghan Nationals – between October 19th, 2020, and October 18th, 2021, (inclusive)
For Nicaraguan Nationals – between October 30th, 2020, and October 29th, 2021, (inclusive)
Decisions made after the abovementioned dates are subject to the 12-month bar.
What is a PRRA?
A Pre-Removal Risk Assessment (PRRA) is available to refugee applicants who have received a negative decision from the IRB and are subject to removal from Canada and have been given a notification that they are entitled to a PRRA hearing. Not all applicants would be entitled for a PRRA.
The PRRA is a means to ensure that the refugee applicant is not being removed to a country where they:
would be in danger of torture,
would be at risk of persecution, or
may be at a risk to their life or of cruel and unusual treatment or punishment, should they be removed to another country, including their country of origin.
Who can apply for a PRRA?
Refugee claimants who are not already determined as protected person or people who are recognized as a Convention refugee by another country to which they may be returned, may apply for a PRRA if they are subject to a removal order which is in force, or are named on a security certificate.
What is a security certificate?
A security certificate is issued to remove someone from Canada, if that person is found to be inadmissible for reasons of national security, violating human or international rights, or involvement in organized or serious crimes. It is important to note that only permanent residents or foreign nationals can be subject to a security certificate. The certificate is signed by the Minister of Citizenship and Immigration, and the Minister of Public Safety.
What happens when I receive a PRRA notification?
The removal order issued as a result of the negative decision of the IRB becomes subject to a stay order, pending a decision from the PRRA officer. However, this does not apply to subsequent PRRA notifications, which this policy addresses.
It is important to note that those who have been previously issued a PRRA notification, will not be issued another notification, and can submit their subsequent PRRA following their previous negative decision, subject to the decision of the PRRA officer. Similarly, PRRA applications submitted at Ports of Entry (POE) also do not require a notification to submit their PRRA.
What information can be included in the PRRA application?
This would be any new information that has come to light that was previously not available at the time of the IRB decision; or was not reasonably available or that the applicant could not reasonably have been expected in the circumstances to have presented to the IRB at the time of the rejection of the claim.
How soon should the PRRA be submitted?
The applicant must complete and submit the PRRA to the PRRA officer within 15 days of receiving it, plus another 15 days to submit all evidence to support their PRRA.
Citizens of any country in the world are allowed to make a claim for refugee status in Canada, including Americans.
However, the circumstances for an application for refugee status made by an American national to be approved are exceptionally limited. Out of 642 claims for refugee status made in 2018 by US citizens, only 2 were approved.
Referred to Refugee Protection
Accepted
Rejected
Abandoned
Withdrawn & Other
Pending
642
2
294
30
72
398
The United States and Canada are signatories of the Safe Third Country Agreement, a bilateral agreement which establishes both nations as safe places for refugees to seek protection. The Supreme Court of Canada has found the Safe Third Country Agreement to be unconstitutional just this year, however it is still in place at this time. This is important because it is the legal establishment of both nations as places so safe that they will not accept refugee claims from people already present in either nation. The agreement has been in place for nearly 20 years.
While it is not impossible for an American to make a claim for refugee status in Canada, their personal circumstances would have to be absolutely dire for there to be any chance of approval.
The legal basis for a claim for refugee or protected person status is outlined in sections 96 and 97 of the Immigration and Refugee Protection Act:
Convention refugee
96 A Convention refugee is a person who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion,
(a) is outside each of their countries of nationality and is unable or, by reason of that fear, unwilling to avail themself of the protection of each of those countries;
What this means is that if you have a well-founded fear of actual persecution, such as violence, imprisonment, because of your race, religion, sexual orientation, political opinion, nationality, or membership in a particular social group then you have a basis to make a claim for refugee status in Canada.
What this does not mean is that you have a legal basis for a refugee claim because one candidate or another won the United States presidential election.
Person in need of protection
97(1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally
(a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or
(b) to a risk to their life or to a risk of cruel and unusual treatment or punishment if
(i) the person is unable or, because of that risk, unwilling to avail themself of the protection of that country,
(ii) the risk would be faced by the person in every part of that country and is not faced generally by other individuals in or from that country,
(iii) the risk is not inherent or incidental to lawful sanctions, unless imposed in disregard of accepted international standards, and
(iv) the risk is not caused by the inability of that country to provide adequate health or medical care.
What this means is that if you were to be sent back to your country of nationality, and you would be tortured or subject to cruel and unusual punishment, you would have a legal basis for a claim for protection.
What this does not mean is that you have a legal basis for a claim for protection because you are not happy with the current social situation in the United States.
If you are in danger of persecution or at risk of torture, then you should seek protection.
If you are an American citizen and want to move to Canada, but you are not in an appropriate situation for seeking protection, contact us to determine if a you may be eligible for permanent or temporary residence in Canada.
For the last five years, the number of asylum seekers coming to Canada via so-called “irregular entries” has skyrocketed. Irregular entries refer to entries between official ports of entry such as through the forest or crossing a river. This increase in irregular entries has caused a major public outcry which I commented on in the interview below with Global News in 2017, and has even led the government to create a centralized repository of data and a quiz about myths surrounding asylum seekers (below).
It is important to note that “irregular” entries are not the same as “illegal” entries – if a person’s intention is to make a claim for asylum, they are permitted by international law to enter the country irregularly and may not be penalized for doing so; However, they must make their presence known to authorities immediately and go through the rigorous background checks, including being arrested, in order to avoid breaking any Canadian laws.
The first quarter of 2020 began with thousands of irregular entries intercepted by Canada Border Services Agency (CBSA), who is responsible for all enforcement of Canadian border and immigration laws. CBSA intercepted around 1000 people each month, and then in April 2020, irregular entries were ceased due to covid-19. In all subsequent months of 2020, 30 or fewer irregular entries were intercepted by CBSA each month leading to the lowest total number of irregular entries – 3266 – in years.
Contrast this number with the numbers in previous years:
Year
Number of Irregular Entries
2020
3,266
2019
16,503
2018
19,419
2017 (year of the interview above)
20,593
2016
10,425
2015
6,620
Impact
This explosion in the numbers of irregular entries of asylum seekers has had multiple tangible impacts which have caused a humanitarian crisis in Canada:
Quebec shelters became overwhelmed, leading the Premier to refuse a place for any new asylum seekers in Quebec and forcing them to be bussed to Ontario
Subsequently, Toronto shelters became overwhelmed and forced to operate at near 100% capacity, leading to the asylum seekers being bussed to alternative locations in Canada with far fewer services set up to assist refugees (and farther from the Immigration and Refugee Board where their claim will eventually heard in person and decided)
The previous government codified mandatory maximum processing times for refugee hearings of 45 days. The Immigration and Refugee Board determined in 2018 that it was physically unable to meet these legal requirements leading to a hiring blitz for Members of the Immigration and Refugee Board to decide cases
The wait time for a refugee hearing skyrocketed from the legally mandated 45 days to well over 2 years
Safe Third Country Agreement
Apart from a misguided tweet from the Prime Minister in 2017 treating human beings as political pawns and pouring gasoline on the already burning fire of a refugee humanitarian crisis within Canada(below), the elephant in the room funneling people from the United States to a path at Roxham Road in Quebec in order to make a claim for refugee status is the Safe Third Country Agreement. This bilateral agreement between Canada and the United States established each other as a designated safe third country, and was intended to prevent refugee claimants from “shopping” for status in one country after they had already had the opportunity to make a claim for asylum in the other country.
However, either through genuine lack of foresight on both sides 20 years ago, or through extremely acute foresight on the part of US diplomats, the STC Agreement is only applicable at official Ports of Entry, such as land border crossings, airports, and seaports. If a person enters either Canada or the US “irregularly” at a place which is not an official border crossing, the Agreement does not apply. This loophole means that those who would otherwise be unable to make a claim for refugee status if they had gone to a regular Port of Entry, would now be able to do so if they crossed the border irregularly.
In July 2020, the Federal Court of Canada found the Safe Third Country Agreement to be unconstitutional, and ordered that the Agreement be dismantled. The government of Canada is appealing the decision and the Agreement will remain in place until the court decision is finalized.
Irregular Entries Today
When the US and Canada agreed to suspend the admission of irregular entries in March 2020 due to covid-19, Canadian officials said that they had been assured those who were not allowed to enter Canada would not be deported from the US. One man who was returned to the US after attempting to enter Canada has already been deported to his native Burundi, having exhausted all legal options in the US. Several others are being detained in the US with final orders of removal from the United States.
As a result, Canadian Minister of Immigration, Refugees, and Citizenship, Marco Mendocino, has granted exemptions to several individuals in similar situations, allowing them to enter Canada despite all border restrictions in place to slow the spread of covid-19 in Canada. If they are released by the US, they will be allowed to enter Canada. These same exemptions were granted to NHL players entering Canada from the US throughout the 2019-2020 hockey season. Both countries have stated that they are committed to the principle of “non-refoulement,” which means not sending someone back to a country where they will be persecuted.
COVID-19
Covid-19 has thrown the entire Canadian immigration system into chaos worldwide:
Processing times have increased by over 8 months and possibly as much as a year for certain immigration applications – even IRCC does not know how long the backlog is
Will the Safe Third Country Agreement ultimately be found to be unconstitutional? Would this decision be good for Canada and for asylum-seekers? How else will covid-19 impact Canadian immigration? These are all unknowns.
However, what is known even if it is not stated, is that the pandemic has allowed CBSA, the Immigration and Refugee Board, the shelter system, and all of the agencies responsible for processing inland refugee claims and impacted by irregular entries to catch their collective breath on at least one crisis.
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