by
Maria Deanna P. Santos
It’s
federal election season in Canada once again.
Since immigration policy is within the federal jurisdiction, the outcome
of the October 2019 elections will determine whether and what changes we can
expect in this area of law and policymaking.
Hence, it
is also an opportune time to recommend changes and raise problematic aspects of
current immigration law and policy with the political parties and individual
candidates who are trying to court our votes.
Although
we have seen countless changes to Canada’s immigration law and policy over the
years, the current system is still far from perfect. And we can expect even more changes in the months
and years ahead, depending on political expediency, societal pressure and/or
practical realities.
Below are
some of the immigration issues that I would like the parties and candidates to
address during the election campaigns and beyond:
Family Reunification
Despite
the fact that this is one of the main objectives in Canada’s Immigration and
Refugee Protection Act (IRPA), the government has yet to fully resolve the
various issues which prevent its full realization.
First,
the notorious backlog in the family sponsorship process - whether for spouses
and children, for parents and grandparents, or for other family members - continues to increase the wait and uncertainty
for families to be reunited in Canada.
Second,
the limited application of the pilot program regarding undeclared family
members (sections117(9)d and 125(1)d of the IRPA Regulations) still prevent the
long-awaited reunification of disqualified Canadian immigrants with their
previously undeclared family members.
Third,
the limited definition of dependent family members prevents parents from being
reunited with all of their children, or siblings from each other, simply
because of age or marital status.
If Canada
is truly sincere in promoting family reunification without any form of
discrimination, the limited definition of “members of the family class” or of
“dependents” must be revisited and totally overhauled.
Recognition
of Foreign Credentials
Stories
of PhD graduates driving taxis may have become a worn-out cliché in Canada, but
this continues to be a sad reality.
This may
partly be attributed to the fact that the flagship program of Canadian
immigration called the Express Entry system, still limits its intake to highly
skilled immigrants. Upon being granted
permanent resident status however, these highly-skilled immigrants are often
surprised to learn that the same credentials which earned them an “invitation
to apply” for permanent residence, are not readily accepted in the Canadian work
force after all. Instead, they are often
expected to gain “Canadian experience” and/or “upgrade their skills” before
they can obtain a job in their fields of expertise at the same level that they
have been working in their countries of origin.
This
often results in the underutilization of skills and/or deskilling as the new
immigrants will often accept “survival jobs” to support themselves and their
families and are eventually sapped of the energy and confidence to pursue jobs
in areas of their previous expertise.
The
exorbitant international student fee rates is another means by which people who
are not originally from Canada are not only being discriminated against but
also financially exploited.
The
ongoing disconnect between immigration policies, the non-recognition of foreign
credentials and exorbitant international student fees, must be fully addressed
if Canada is truly intent on becoming an equitable society without perpetuating
these various forms of discrimination and exploitation.
Path to
Permanent Residency for All Temporary Foreign Workers
Canada
prides itself to be one of the best places in the world in which to live and
work. As such, it attracts numerous
people from all corners of the world, who seek to enter Canada on a temporary
or permanent basis. However, temporary
foreign workers under the so-called low-skilled occupations, i.e. NOC C and D, still
do not have a guaranteed path to permanent residency similar to what the
Express Entry provides to those in the NOC O, A and B occupations. Worse, not all of these workers were made aware
of this prior to coming to Canada and therefore often end up becoming misled or
exploited by unscrupulous employers or agents.
Paradigm
Shift to Achieve a Truly Inclusive Immigration System
“Immigration
is a privilege, not a right.” This
phrase coined by a Federal Court judge, is the prevailing mindset for
immigration officers who are the initial point of contact for those who wish to
come to Canada. Unfortunately, this
mindset often leads to arbitrary decision-making and the presumption of wrongdoing,
instead of innocence, until proven otherwise.
Perhaps, it is about time that Canada recognizes that as a country built
by immigrants, its survival will hinge on sustained population growth as well
as adaptability to change and diversity. More than a privilege, it is a basic human
right to move freely across borders, to be treated humanely and without any
form of discrimination or exploitation. For
instance, those who are without legal status must be given the chance to become
full participating members of society without the fear of removal constantly
hanging over their heads.
Let us
take advantage of this election season to encourage present and future
policymakers to promote a truly fair and just immigration system.
This article is meant for
information purposes only and not as specific legal advice. The author is a Filipino-Canadian immigration
lawyer and may be reached at deanna@santoslaw.ca
or tel. no. 416-901-8497.
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