February 2025

The Government of Canada launched two new pilots on January 30, 2025: the Rural Community Immigration Pilot (RCIP) and the Francophone Community Immigration Pilot (FCIP). These two programs are launched against the context of the unique labour market and demographic challenges faced by the rural and Francophone minority communities in Canada.

Goal of RCIP and FCIP

Encouraged by the success of the Rural and Northern immigration Pilot (RNIP), these programs aim to attract and retain newcomers by providing individuals destined to live in rural and francophone communities with a permanent residence pathway. The goal is to have the newcomers settle long-term and fill key jobs that would help the rural and Francophone minority communities develop their economy and increase their demographic weight.

Who can apply

There are presently a total of 18 communities participating in the programs. The list of the communities can be found on the IRCC website.

To qualify, you must:

1. Have a valid job offer from a designated employer in the community
2. Have at least 1 year (1,560 hours) of related work experience in the past 3 years
   • Note: You may be exempted if you studied and graduated in the community (see if you are exempted)
3. Prove your language abilities by taking an approved test
   • English: CELPIP, IELTS, PTE
   • French: TEF Canada, ECF Canada
4. Have a Canadian educational credential or foreign equivalent

• Education in Canada:
  • (1) Canadian secondary school diploma OR
  • (2) recognized Canadian post-secondary certificate, diploma or degree from a designated learning institution
• Education outside of Canada: An educational credential assessment (ECA) report from a designated organization or professional body that
  • is less than 5 years old on the date you apply, and
  • shows you completed a foreign credential equal to
    • (1) a Canadian secondary school diploma, OR
    • (2) Canadian post-secondary certificate, diploma or degree

5. Prove you have enough money to support your transition and your family’s transition into the community
   • See proof of funds and how much money you need

You do not have to be in Canada to apply. In addition, you may be eligible to get a work permit while you wait for the permanent residence application to be processed. You will need a job offer from a designated employer and a referral letter from your participating community.

• See work permit for RCIP
• See work permit for FCIP

How many people will benefit from this program?

IRCC states that these new pilot programs are an effort to continue the success of the Rural and Northern Immigration Pilot (RNIP), which was introduced in 2019 and ended in 2024, while they work on creating a permanent program. IRCC offers statistics for the RNIP that are insightful in speculating on the success of the new programs:

• As of December 31, 2024, 8,580 newcomers have been granted permanent residence through the RNIP, helping address labour shortages in key health care and manufacturing sectors.
• Preliminary findings suggest strong retention in RNIP communities. In October 2022, 87% of RNIP newcomer survey respondents stated that they stayed and planned to stay in their RNIP communities.

There are differences between the new programs and RNIP. The main difference is the inclusion of new Francophone communities—a measure reflective of IRCC’s aim to enhance the long-term vitality and prosperity of Francophone and Acadian minority communities. Thus, traditional Francophone communities, including part of the Acadian Peninsula, Sudbury, Timmins, and St. Pierre Jolys, are participating in the Welcoming Francophone Communities initiative that helps them settle and integrate French-speaking newcomers who arrive in their communities under FCIP.

It is important to note that the process of the new pilots is more employer-driven, as interested employers must undergo an employer designation process. A permanent residence applicant must obtain an offer from a designated employer who has completed this process.

Why Kelowna?

Kelowna is one of the communities included to participate in the FCIP. However, there is no significant French-speaking population in this region. According to Statistics Canada, only 6.7% of the Kelowna population spoke both English and French, and only 1.9% have French as their  mother tongue.

One can only speculate why Kelowna was chosen to participate in the pilot program, which aimed at increasing the number of French-speaking newcomers settling in Francophone communities outside of Quebec. However, a quick look into the history of Kelowna may provide  a clue. Kelowna’s European population began with a French root in the 19^th century. The first European settler was a French Catholic priest known as Father Pandosy, whose settlement attracted many other European settlers to the area.

Canada has a Policy on Francophone Immigration, which mainly aims to “restore” the demographic weight of Francophone and Acadian communities. It seems that IRCC’s goal of increasing Francophone immigration has a very specific intention—develop the Francophone minority communities to enhance the overall vitality of the French language. This means identifying the historically significant Francophone communities outside of Quebec that risk distinction, such as Kelowna.

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.