November 2024

This month’s newsletter is written by Songyun Lu, who recently joined Ronalee Carey Law in a part-time position. Songyun is a second-year student in the Faculty of Law at the University of Ottawa.

Introduction of a Temporary Public Policy

Canada has recently introduced a temporary public policy supporting cross-border mobility for Indigenous Peoples. As of October 10, 2024, eligible Indigenous people can apply to work or study in Canada with some requirements waived, and those who are already in Canada can apply to extend their stay for up to 3 years. Applicants living outside of Canada must apply before travelling to Canada, while those already in Canada can apply from inside Canada. IRCC is prioritizing these applications and waiving most of the application fees. It is important to note that it is a temporary public policy and may be revoked at any time. Details on who can apply and how to apply are provided below.

Background

            The rich existence of Indigenous people dates far before the lines of colonial borders. The international borders today were introduced without consideration for the disruption of the Indigenous people’s lives, and the profound impacts of which demand a need for serious efforts by the Canadian government to advance reconciliation.

It is the tradition and culture of many Indigenous peoples to migrate freely and hunt in an expansive area of land, which they could no longer continue due to international borders dividing up the land. For years, First Nations, Inuit, and Métis communities have fought to reclaim their rights to not just travel freely between the borders but to the right of self-determination. On June 21, 2021, The United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) was introduced to provide a framework for moving forward with reconciliation with the Indigenous Peoples. Subsequently, Canada released the UNDA Action Plan two years later.

This policy is a step towards implementing UNDA Action Plan measures. Namely, the legislative amendments to the Immigration and Refugee Protection Act and Immigration and Refugee Protection Regulations, and policy revisions to address the border mobility challenges faced by Indigenous peoples. 

Who can apply?

            If you are (1) an eligible Indigenous person or (2) an eligible family member of an Indigenous person, then you can apply for these temporary measures.

• An eligible Indigenous person must satisfy ALL of the following:
• a member of a Federally Recognized Tribe in the United States or a citizen of the Manitoba Métis Federation
• a United States citizen or were born there
• have an anchor member of your family who is both
  1. a Canadian citizen, permanent resident, or person register under the Indian Act
  2. lives in Canada
• An eligible family member of an Indigenous person is a family member of an eligible Indigenous person under these temporary measures, and must do one of the following:
• If you will be accompanying the eligible Indigenous person (spouse/common-law partner, a dependent child of yours or your spouse/common-law partner’s, a dependent child of your or your spouse’s dependent child), you must be included on their application
• If you are travelling separately from the eligible Indigenous person, you must submit your own application

What can you apply for?

You can (1) apply to work in Canada, (2) study in Canada, (3) stay longer in Canada, or (4) get a temporary resident permit. You cannot apply at the port of entry – you must apply before entering Canada or after entering Canada. The usual medical exam requirement is exempted if you are eligible to apply. Other exemptions may also be granted.

How to apply?

1. Obtain forms and documents required on the ‘document checklist’
2. Fill out the forms (instructions on forms)
3. Mail your application package to this address (instructions on mailing):

IBX: Case Processing Centre

Station: 009 TL/CSU

9700 Jasper Ave NW, Suite 55

Edmonton, AB T5J 4C3

Final Thoughts

The reality is that international borders cut across many Indigenous groups, and families are legally considered ‘foreign nationals’ in each other’s land. This causes challenges beyond mobility – familial relations, identity, governance, preservation of traditions and language, cultural expression, and economic opportunities, to name a few. I personally feel that the temporary measures, while providing some relief, are not enough to address the severity and importance of the issue. I also find them confusing to navigate. However, it would be interesting to see where these temporary measures will lead us in the roadmap for implementing the UNDA Action Plan. I look forward to waking up to the sudden announcement of long-term solutions to address Indigenous border mobility challenges.

October 2024

The 2025-2027 Immigration Levels Plan has been announced. And it was a bombshell.

The Immigration Levels Plan must be reported to Parliament by November 1^st of each year. In it, the government sets out its target admissions for each immigration category. To assist with long-term planning, levels are set for three years, but each year, the levels can be adjusted despite what was set for years 2 and 3 previously. So, the numbers for 2025 and 2026, as set out in the 2024-2026 plan, were not set in stone.

Immigration Minister Miller hinted that a reduction in the levels was under consideration. What no one expected was the sheer drop in numbers – 21% over the next three years from previous targets.

Here are some examples of how the levels plan will change for 2025:

	2025 levels in the 2024-2026 Plan	2025 levels in the 2025-2027 plan
Provincial nomination programs (all provinces combined)	120,000	55,000
Spouses, Partners and Children	84,000	70,000
Protected Persons in Canada and dependents abroad	29,000	20,000
Federal High Skilled	117,500	Federal Economic Priorities 41,700 (category-based Express Entry draws) In-Canada Focus (primarily Canadian Experience Class) 82,980 Overall total: 124,680

Further cuts are in store for 2026-2027. For example, the Spouses, Partners and Children category will be reduced further to 65,500 in 2026.

Despite the best intentions, there are categories of immigration that the Canadian government cannot control. For example, it cannot control the number of Canadians who choose to marry non-Canadians. It also cannot control the number of individuals who claim refugee protection from within Canada; such claims are based on events in other countries. The government is simply creating a backlog and increasing processing times by capping the numbers on these categories. If 65,501 people apply to sponsor their spouse or child in 2026, application number 65,501 will simply be shoved off to 2027; the government cannot deny a sponsorship application because it has hit its numbers for the year. The category for protected persons is the same. Deciding who should be granted refugee protection in Canada is the purview of the Immigration and Refugee Board, not IRCC. Once a person is granted protection, they are entitled to apply for permanent residence, including for their family members abroad (spouses, partners, and dependent children.) IRCC must process their applications, but it can choose how long to let them languish in the processing queue. Already, protected persons have waited at least a year, often much longer, for their refugee hearing. Once accepted, currently, they must wait another 53 months (that’s 4.41 years!) for their family members to come to Canada. Imagine that number increasing exponentially.

I don’t see any room in the new levels plan for ‘general draws’ in Express Entry for the Federal Skilled Worker Program. Foreign workers outside of Canada will only be accepted if they fit one of the categories: health care occupations, trade occupations, and French-language proficiency. However, overall, the ‘Federal High Skilled’ quota is increasing from the previous target.

The 2025-2027 Immigration Levels Plan also introduces targets for workers and international students for the first time. International student caps were introduced earlier this year. No more than 305,900 international students will be admitted in each of the next three years. The number of temporary foreign workers is set at 367,750 for 2025, will drop to 210,700 in 2026, and then increase slightly to 237,700 in 2027. However, that presumes that numbers won’t change in the 2026-2028 Immigration Levels Plan (which may be introduced by a new government pending the outcome of the next election). Overall, Canada’s population will decrease, with 445,901 fewer temporary workers and international students in 2025 and 445,662 fewer in 2026.  The intention is to have no more than 5% of the Canadian population comprised of temporary workers and students. Still, since asylum claimants are entitled to work permits, and since the government cannot control how many people claim asylum (as it is a right under international law), their 5% target is not really within their control.

The Backgrounder to the Immigration Levels Plans states the goal of the cuts: This year’s levels plan reduces permanent resident targets starting in 2025 and forecasts decreases for the following two years, resulting in a pause in population growth in the short term to achieve well-managed, sustainable growth and economic prosperity for the long term.

Unsurprisingly, the change has been widely denounced. The Canadian Immigration Lawyers Association released a statement condemning the cuts, saying that Canada’s need for immigrants has not changed with our aging population and decreasing birth rate. The Canadian Council for Refugees accuses Canada of betraying refugees, stating that the increased waiting period for family members to come to Canada will rob children of their futures and destroy families, and that “People will lose their lives.” This is not rhetoric. I happened to one of my clients this year. Only he could get a visa to Canada; he had to leave his wife and children behind, though they were also in danger. His refugee claim was accepted, and he applied for permanent residence, including his wife and children in his application. His wife was recently murdered by the same individuals who had threatened him and caused him to flee. Had I managed to get them to Canada sooner, the children would not have lost their mother.

Further, without question, many of the close to million temporary residents whose status will expire in the next three years will not leave Canada. Canada is overly optimistic, or perhaps simply naive, to think a policy change will be enough to convince people to leave as required. When living in Canada without status is less precarious than life at home, people will have no incentive to leave. The Canada Border Services Agency will be hard-pressed to round up and remove the close to 1,000,000 people expected to leave in the next two years. A rise in the number of individuals without status in Canada is a problem the government is creating for itself. Pundits suggest that Canada would be better served by extending the legal status of those in Canada and converting them to permanent residence over time rather than making such drastic moves. It will be up to voters in the next election to decide whether they agree with the government’s approach.

September 2024

 

Each time Canada or the USA heads into a federal/presidential election period, the number of inquiries I get increases. When an American presidential election is coming up, I get calls mostly from Democratic supporters hoping to move to Canada should a Republican president be nominated. For Canadian elections, the calls are from temporary residents hoping to apply for permanent residence, worried that a change in government will result in less favourable immigration policies. On September 4^th, Canada’s second largest political party ended an agreement to prop up a minority governing party. We are only one confidence vote away from a general election. With the US presidential election scheduled for November 5^th, I’m hearing from many antsy individuals on both sides of the border.

Canada has had a liberal government since 2013. During their time in power, the number of new permanent residents increased from 259,000 in 2013 to 471,771 in 2023. The number of study permits issued went from 111,865 to 684,385. In 2013, the number of temporary foreign workers in Canada was 649,700; in 2021, it was 963,400.

In 2023, the number of new jobs created in Canada was less than that of new work permits issued. Unemployment rose in August 2024, and it was a tough job market for students this past summer.

With an election looming, the governing Liberal party has heeded public opinion to lessen the number of temporary residents in Canada. On September 26^th, new restrictions for work permit applications came into effect. These measures follow a cap placed on study permit applications announced in January.  The current immigration minister has also promised cuts to the permanent resident program.

If a Conservative government is voted in, more changes will undoubtedly come. The leader of the party has promised further cuts, tying the number of new permanent residents to the number of new homes built and considering other factors such as access to health care and jobs. Statements like that are guaranteed to make permanent resident hopefuls jumpy. ‘May you live in interesting times’ is never less welcome than when it is your future that will be affected. 

August 2024

I was on vacation last week. For the fourth consecutive summer, I spent a week on a catamaran with my best friend and her father, the spriest 86-year-old I’ve ever met. I am originally from northern Ontario, and returning to that part of Canada feeds my soul in ways no other vacation could.