RHYME & REASON

Filipiniana News - Rhyme or Reason 15 October 2008 The Canadian federal election results have been released and we have another minority Conservative government.   Whether this is good or disappointing news for some, one thing is for sure: there are important lessons to be learned from the five-week campaign period that preceded the October 14 elections. First of all, as it appears that we are almost in the very same situation that we were in before the election was called, people are left wondering whether all the expense and effort was worth it.   From a financial standpoint, most will likely say no, as millions of dollars have been spent on campaign ads and election expenses with the end result of simply maintaining the status quo.  Why did we have to go through all that trouble and spend so much money in the process? From a more optimistic viewpoint, the campaign period served as a wake-up call not only for politicians, but also for the gener...

Filipiniana News - Rhyme or Reason 15 September 2008 Last month, I wrote about the Canadian Experience Class, and expressed the hope that the benefits from these and other changes to Canada’s immigration laws are truly well-meant and are not simply laid out to court people’s votes.  Coincidentally, an election call was recently made by the government.  As we know by now, the elections will be held on October 14, 2008.   This is a day when each and every Canadian citizen should participate and make their voices heard.    Here are a few reasons why going out to vote on election day is extremely important: A Citizen’s Right and Privilege Canadian citizenship law provides that citizenship can be obtained if one has physically resided in the country for at least three years within the last four years.  As a result, many recent immigrants could obtain citizenship after only having lived and familiarized themselves with the Canadian s...

Filipiniana News 14 August 2008 Citizenship and Immigration Canada recently announced details on the much touted Canadian Experience Class (CEC) within the current immigration system.  When the idea was first introduced a year or so ago, it was promoted as a solution to the problems relating to the unemployment or underemployment of immigrants whose credentials are not recognized in the Canadian system. In a nutshell, the CEC is a class of individuals who are eligible to apply for permanent resident status from within Canada provided certain criteria are satisfied.  Those who are deemed eligible to apply under this class are holders of study and work permits who have valid temporary resident status when the permanent resident application is submitted.  For study permit holders, they must have obtained a degree or diploma from an accredited Canadian educational institution after two years of full time study and must have obtained full time work experience w...

Filipiniana News 15 July 2008   Time and again, I receive inquiries on how to “convert” one’s visitor status into a work permit or permanent resident visa while here in Canada.   Many people tend to assume that once they are able to obtain a visitor visa to enter Canada, it would be much easier to work on their “papers” while inside the country rather than to apply at a visa office (i.e. outside of Canada).  It also does not help that the current processing times for permanent resident applications at visa offices like the Canadian Embassy in Manila for instance, is now taking about five years to complete.  Any quicker alternative to land on Canadian soil therefore becomes a much more attractive option. Depending on the individual’s personal circumstances, the above assumption may not necessarily hold true and may in some cases, prove blatantly false.   It therefore becomes a source of disappointment and/or frustration for many to realize t...

Filipiniana News 14 June 2008   Prime Minister Harper recently issued an official apology to the former students of native residential schools and admitted that “ this policy of assimilation was wrong, has caused great harm, and has no place in our country .”   Much like the previous official government apologies for the internment of the Japanese and the Chinese head tax, this symbolic act is an important step towards healing old wounds and in paving the way for achieving meaningful reforms and social justice.  While it is a welcome symbolic act, it should not end up as another lip service to the ideals of fairness and justice that Canada has always claimed to uphold. Pardon me for sounding cynical, but I cannot help doubting the government’s sincerity as it continues to perpetuate immigration laws and policies which are clearly against the very same ideals of fairness and justice that it claims to promote.  For instance, this recent apology...

Filipiniana News – May 2008 RHYME & REASON Last month, I ended my column with the following paragraph: “I have often heard CBSA officers justifying their strict enforcement actions as simply  meant towards “preserving the integrity of Canada’s immigration system.”   I am not sure that this objective is truly met if the sole action is to punish the victims while the culpable ones remain scot-free.  But that can be the subject of another column…” Please allow me to discuss this matter further. Recently, I was made aware of the case of construction workers recruited from the Philippines after having been supposedly sponsored by a Canadian company.  Upon arrival at the airport, two of the workers were not issued work permits on the ground that their Labour Market Opinions (LMOs) have expired.  They were subsequently detained at the Immigration Holding Centre until released on bail and under strict terms and conditions while their immigra...

Filipiniana News – April 2008 RHYME & REASON Misrepresentation in the context of immigration law can be a tricky concept.  Hence, some people are caught by surprise when found inadmissible to Canada on this ground.  They learn too late that some act or omission they were not completely aware of, or some seemingly innocent wrongful declaration could either result in a denial of their immigration application, or worse, the stripping of their permanent resident status. In Canadian immigration law, misrepresentation is defined as “directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the act.”  The words “directly or indirectly” imply that the act of misrepresentation may have been committed by the applicant/permanent resident or by other people.   Unfortunately for the applicant, the unscrupulous act of representatives or placement agents ...