January 2025

On January 4^th, the Canadian government posted new Ministerial Instructions regarding the Parent and Grandparent Program. The program is paused for 2025 until further Instructions are issued.

There will also be processing delays for applications submitted in 2024. IRCC will only process 15,000 applications this year, with the remainder to be processed in the following year(s). 35,700 sponsors were invited to submit applications in 2024. Though the application deadline was August 2, 2024, IRCC has not stated how many sponsors submitted applications. Applications will be processed in the order they were submitted.  For those not processed in 2025, processing times will jump, but by how much will depend on how many applications were submitted, how many applications were returned for being ‘incomplete,’ and how many applications IRCC will process in 2026 and possibly 2027 if there are still applications outstanding at the end of 2026. The current processing time listed on the IRCC website is 24 months, which likely does not reflect the recent announcement. Further, IRCC has not published the number of applications currently backlogged; outstanding applications from 2023 or earlier must also be considered when attempting to predict processing times for 2024 applications. The 2025-2027 Immigration Levels Plan has a target of 24,500 individuals to be accepted through the Parent and Grandparent Program in 2025.

December 2024

Dana, my favourite instructor at my gym, seemed a little distracted. We were supposed to be doing hamstring curls, but she had us doing leg lifts. Syrian music, which she’s incorporated into her playlist, kept us on time as she realized her mistake and had us switch exercises. After class, she admitted that the music had made her emotional. ‘I have a country!’ she told me.

Dana, like many other Syrians who have made their way to Canada during its 13-year civil war, has family still in Syria who she hasn’t seen in years. Upon learning of the fall of the Assad regime, returning to visit or even returning permanently has become an option they thought they might never have.

For Syrians who came to Canada as refugees, returning to Syria could be problematic. Those who have become Canadian citizens enjoy mobility rights under the Charter of Rights and Freedoms, which grants the right to enter, remain in, and leave Canada. Citizenship of former refugees will only be removed if they made false representation, fraud or knowingly concealing material circumstances when applying for their status in Canada. However, the situation is more complex for refugees who have not yet become citizens.

Refugees who claim protection after arriving in Canada have their passports seized as part of the application process. Those arriving from overseas are granted a single journey travel document to come here. Canada will issue a refugee travel document, similar to a passport, to Convention refugees and protected persons in Canada. This document allows travel to any country other than their country of citizenship. Boarding a flight to Syria is (at least technically) impossible without a Canadian passport.

Flying to an adjacent country and travelling to Syria by land might be possible. The Syrian government could allow entry without a Syrian passport if other proof of Syrian nationality (like a birth certificate, identity card, or family booklet.) However, returning to one’s country of nationality can jeopardize one's status in Canada. The Immigration and Refugee Protection Act allows for a ‘cessation’ of refugee protection if the individual ‘has voluntarily reavailed themself of the protection of their country of nationality.’ The Canada Border Services Agency does not initiate cessation proceedings in all cases where someone travels to their country of nationality, and with the dramatic changes in Syria’s politics, there may be little institutional interest in Syrian nationals who travel there.

For individuals in Canada whose refugee claims are pending, where the claim is based on political opinion or other grounds based on fears of the Assad regime, their claims for protection are likely to fail. Claims for refugee protection are to be rejected where ‘ the reasons for which the person sought refugee protection have ceased to exist.’ These individuals may have other ways to stay in Canada, such as applying for status based on humanitarian and compassionate grounds, but others will be returned to Syria.

Many European countries have paused Syrian refugee claims. Canada will not do the same; the number of Syrian refugee claimants in Canada is low, so Canada is not facing the same pressure as in other countries such as Germany and Austria. Further, claims can be based on other grounds, such as gender and sexual orientation. A change in the political climate in Syria may not make life in Syria any safer for individuals at risk of persecution on grounds other than political opinion.

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.