Immigration backlog a major challenge

BY CATHERINE SOLYOM, THE GAZETTE JULY 23, 2011

MONTREAL - Canada could soon stop accepting applications for immigration in an attempt to clear the backlog of more than a million people currently awaiting processing around the world, Federal Immigration Minister Jason Kenney said Friday.

In Montreal to hold consultations on how many immigrants should be accepted into Canada per year - and just as importantly what kind of immigrants - Kenney told an audience at the Armenian Community Centre that clearing the huge backlog is one of the main challenges faced by his department as it plans for the years ahead.

"There's an unlimited number of people who want to come to Canada," Kenney said, adding that about 254,000 would be accepted this year, down from 281,000 in 2010.

"We used to have hundreds of thousands of applications more than we could process, and it's stupid and unfair to make people wait seven, eight, nine years for their application to be even looked at. That's the rationale for limiting the number of new applications."

Two years ago, Parliament modified immigration laws to give the minister the authority to place a cap on applications, and this year Kenney has so far chosen to limit the number accepted in the Federal Skilled Worker program, for example, to 10,000. He emphasized, however, that Canada would still be accepting 65,000 skilled workers into the country, most of them chosen out of the backlog of applications.

It remains to be seen which other categories may be capped, and at what level.

Stakeholder consultations across the country on the right "mix" or "balance" of immigrants for Canada began two weeks ago, with employers' associations, immigration lawyers, refugee advocates and other interested parties. Friday's session

in Montreal was postponed until October, however. Public consultations will be held online starting in August.

Apart from dealing with the backlog, Kenney said he is looking for solutions on how to deal with an impending labour shortage as the population ages, without overburdening Canada's housing, health care and education systems with too many newcomers.

Janet Dench of the Canadian Council for Refugees worries the minister will place too much emphasis on economic immigrants at the expense of refugees.

More than 35,000 refugees - government-assisted and privately sponsored - are already on the waiting list to come to Canada, and the numbers, especially in Africa, are growing day by day.

Kenney said he has recently added resources to deal with the huge backlog at the Nairobi mission, which serves 18 countries in East Africa, most of them in conflict, and now also struck by famine.

But he also put a cap on the number of privately sponsored refugee applications out of the Nairobi office, Dench said.

csolyom@montrealgazette.com

Bill C-35

Minister of the Economic Development Agency of...

Image via WikipediaSome applicants may choose to use such a representative to act on their behalf with Citizenship and Immigration Canada (CIC), the Immigration and Refugee Board or the Canada Border Services Agency. There are two types of immigration representatives: paid and unpaid. Paid immigration representatives Only the following people may charge a fee or receive any other type of consideration, to represent or advise you in connection with a Canadian immigration proceeding or application: lawyers and paralegals who are members in good standing of a Canadian provincial or territorial law society Notaries who are members in good standing of the Chambre des notaires du Québec, and Immigration consultants who are members in good standing of the Immigration Consultants of Canada Regulatory Council The Government of Canada will not deal with non-authorized immigration representatives who charge for their services. NEW: Other people who offer paid immigration advice With the coming into force of Bill C-35, anyone who provides paid advice prior to the filing of an application or the commencement of a proceeding will need to be an authorized representative. This means that some third parties who were not formerly required to be recognized to provide paid advice will now have to refer people to an authorized representative or become authorized themselves. Some examples of paid advice or representation that will now be captured through the implementation of Bill C-35 include: representing the applicant during an immigration proceeding by speaking on their behalf. providing guidance to a client on how to select the best immigration stream and complete the appropriate forms. Unpaid immigration third parties Unpaid third parties, such as family members, friends, non-governmental or religious organizations will still be allowed to act on your behalf. To protect your privacy, CIC will not share any of your personal information with your consultant, lawyer, and other representative unless you provide your written consent using the Use of a Representative (IMM 5476) form. Other people who offer immigration advice or assistance People who provide immigration-related advice or assistance for a fee before the application is filed are not obliged to be authorized consultants. However, be aware that non-authorized consultants, lawyers, and other representatives or advisors are not regulated. This means that they may not have adequate knowledge or training. It also means that you cannot seek help from the professional bodies (that is, the law societies, ICCRC, etc.) if that person provides you with the wrong advice or behaves in an unprofessional way.

Manitoba population booms

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Manitoba’s population is continuing to balloon, new figures show.

According to Statistic Canada, as of April 1, it grew by just over 16,000 people in the last 12 months to reach about 1.25 million. This growth of 1.31 per cent is the biggest growth in the past 40 years.

It’s the third-highest growth rate among all Canadian provinces and well above the national rate of 1.06 per cent.

In the last 10 years, the population rose by 96,700 people, more than twice the growth of the previous ten year period.

"This is equivalent to welcoming another Brandon, Thompson, Portage la Prairie, Steinbach, and Winkler to our province," said Peter Bjornson, the entrepreneurship, training and trade minister.

Statistics Canada estimates that Manitoba received 15,707 new immigrants between April 2010 and April 2011. And there were 16,214 newborns in the province during that period.

Bjorn accredited the Provincial Nominee Program for 75 per cent of all immigration to Manitoba. The program encourages skilled workers from abroad to apply for permanent residency.

Provincial Nominee Program a success, admission to increase five folds, says Kenney

Source: Canadianimmigrant.ca

Minister Jason Kenney speaks to meida on the success of provincial nominee program after public consultations in Toronto, July 20.

Provinces and territories are on track this year to welcome a record number of immigrants selected under their own nominee programs, says Citizenship and Immigration Minister Jason Kenney.

“Our government recognizes the importance of nominee programs in spreading out the benefits of immigration around the country,” he said addressing the Vancouver Board of Trade, recently. “That is why we plan to admit about 40,000 immigrants in the provincial nominee category in 2011, five times more than the 8,000 welcomed in 2005. The previous high was 36,428 provincial nominees in 2010.”

Provincial nominee programs are being discussed as part of this month’s cross-Canada consultations on immigration levels and mix.

In addition, a comprehensive evaluation of the provincial nominee programs is underway, the ministry says. “With the knowledge gained through each of these processes, CIC will be able to work with provincial and territorial partners on a longer-term approach to levels planning.”

Traditionally, Toronto, Montreal and Vancouver have attracted a disproportionate share of skilled immigrants coming to Canada, a press release said, however noting that the top three provinces for provincial nominees are Manitoba, Alberta and Saskatchewan. Thanks in large part to the provincial or territorial nominee programs, 26 per cent of economic immigrants accepted as permanent residents of Canada are now destined for provinces or territories other than Ontario, British Columbia or Quebec, compared to just 11 per cent in 1997.

“We understand the desire of provinces and territories to identify their own economic immigrants and that is why we have continued to increase our projected admissions for nominees each year,” noted Minister Kenney. “At the same time, we are committed to working with our provincial and territorial counterparts to continue to improve the program design, integrity, selection standards and management of the nominee programs.”

Through PNP, applications are processed within 12 months on average.

Crime rate falls to lowest level since 1973

Map of violent crime rates across Canada, 2007...

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Canada's crime rate is the lowest in nearly 40 years, according to Statistics Canada, as the volume of crime dropped five per cent in 2010 from the year before.

"The national crime rate has been falling steadily for the past 20 years and is now at its lowest level since 1973," Statistics Canada reported.

The agency said that Canadian police services reported nearly 2.1 million Criminal Code incidents in 2010, about 77,000 fewer than in 2009. The police-reported crime rate measures the overall volume of crime.

The Crime Severity Index, which measures the severity of crime, also fell six per cent and reached its lowest point (82.7) since 1998.

Police reported just over 437,000 violent incidents in 2010, about 7,200 fewer than in the previous year.

Fewer homicides

Homicides dropped by 10 per cent from 2009 to 2010 with the national rate of 1.62 homicides per 100,000 population the lowest since 1966. This decline was led by the decrease in British Columbia's homicide rate.

Attempted murders were also down from 2009, as were break-ins, motor vehicle theft, serious assaults, robbery and impaired driving.

But police reported an increase in sexual assaults, firearm-related offences, child pornography and drug offences.

Other findings:

Alberta and British Columbia reported the largest declines in crime in 2010, with the crime rate falling by six per cent in both provinces.
Nunavut and the Northwest Territories continued to report the highest Crime Severity Index values. Among the provinces, Saskatchewan reported the highest Crime Severity Index, followed by Manitoba and British Columbia. The lowest Crime Severity Index values were seen in Ontario, Prince Edward Island and New Brunswick.
St. John's had the largest increase in crime severity
Regina reported the highest Crime Severity Index, followed by Saskatoon and Winnipeg.

Tough-on-crime agenda questioned

Simon Fraser University criminologist Neil Boyd said the figures undermine the federal Conservative's tough-on-crime agenda.

"They want to spend billions of dollars building prisons, saying that there is a real problem with crime. The truth of the matter, through police reported data and victimization surveys, is that crime is down — not up," said Boyd.

"Spending billions of dollars on prisons isn't going to make our communities any more safe," he said.

After Strong Baby Boom, a "Baby Bust"?

Canada Facing Up to Economic Challenges of Ageing Population, Schroders Study Says, - Demographic changes to impact economic growth, - Strong resource base and "supercycle" trend will provide cushion, - Net present value of ageing population 35 times high

By Schroder Investment Management North America Inc.

Published: Thursday, Jul. 21, 2011 - 9:10 am

LONDON and NEW YORK, July 21, 2011 -- /PRNewswire/ -- Canada's unique demographics and rapidly ageing population will create challenges for future GDP growth if left unchecked. The country is already taking important steps to tackle its ageing population, but there is more to be done, argues a new research report by Schroders, the global investment management company.

In the report, co-authors Virginie Maisonneuve, Head of Global Equities at Schroders, and Katherine Davidson, examine how the larger-than-usual baby boom in Canada and significant immigration in the 50s and 60s has resulted in a unique demographic profile.

Canada has been quick to recognise its impending demographic transition and adjust its institutions accordingly. The only ways to break the relationship between reduced labour supply as baby boomers retire and lower GDP growth is "to increase immigration or raise participation rates, especially of older workers," quotes Virginie, and Canada is doing just that.

However, this will not be enough to meet the growth challenge. Future growth will have to be driven by improvements in labour productivity. Furthermore, Canada is expected to face the highest age-related spending of any OECD member state(2): "The challenge for Canada today is to manage the costs of a rapidly ageing population without compromising its superior health status and further worsening standards of service" the paper states.

With a strong record in controlling costs, Canada is well-placed to meet this challenge. For example, it spends 10% of GDP on health care versus the US at 16%(3). There is also a lower reliance on the state for pension provision with private pensions and other investments providing over 40% of retirement income, compared to the OECD average of 20%(4).

Other interesting findings:

By the 2020s, all population growth is expected to come from immigration and many sectors of the economy will be dependent on foreign workers. It is unlikely that immigration could be raised to high enough levels to fully offset the effect of domestic population ageing(5).
While the healthcare and financial sectors should increase their share of GDP, other sectors – education, manufacturing, construction and retail – will decrease in importance(6).
Early recognition and steps to address the demographic issue result in a pension plan that is expected to be perfectly solvent by 2050 – a marked contrast with US Social Security, which is expected to face a permanent shortfall by 2016 and be completely exhausted by 2039(7).
Canada is well-placed to address its demographic challenge with one of the strongest fiscal positions in the OECD, a well-developed private pensions sector and a strong record for controlling healthcare spending(8).

Virginie Maisonneuve, Head of Global & International Equities at Schroders:

"Demographic analysis is part of a coherent macroeconomic and thematic road map that serves as a framework to our stock analysis and selection. Many of our current holdings listed in Canada are resource companies. They will need to adapt to the demographic challenges that we have highlighted in this report in order to ensure success and shareholder value.

Changes to application forms for permanent residency in Canada now in force

A new form for immigrants seeking permanent residence in Canada has been introduced this week as part of changes aimed at making the processing of applications quicker.

The Generic Application Form for Canada’ (IMM0008) has now replaced all existing permanent residence application forms and is for all applications from both Canada and outside Canada.

The form is considered as a logical continuation from temporary residents to permanent residents and creates one universal application for all permanent residence categories.

The changes mean that applicants can now save an incomplete application in order to complete it at a later time. Applicants will be prompted electronically to help with the completion of the form through the use of drop down lists included for select fields.

‘This reduces the time it takes to fill out an application. It is expected that this will also increase the accuracy and consistency of responses,’ said a Canadian Immigration spokesman.

Once the application is completed and validated online by the applicant, a bar code will be generated. This page will be printed and accompany the application form. This will facilitate the entry of data in CIC’s processing system, which should also reduce the amount of data entry required as well as reduce the number of data entry errors that can occur.

The Schedule A Background/declaration is now designated as IMM5669 and needs to be completed by all applicants over 18. The in-Canada application forms IMM5202, IMM5001 and IMM5002 have been replaced with the new IMM0008.

In addition, the sponsorship application form IMM1344A and the sponsorship agreement form IMM1344B have been combined into one form called Application to Sponsor, Sponsorship Agreement and Undertaking (IMM1344).

From now all applications for permanent residence where a sponsorship is applicable, must include both the IMM1344 and the IMM0008. This will form a more complete application package that will streamline processing, the spokesman explained.

To achieve gains in efficiency, applicants are strongly encouraged to complete the form electronically by Citizenship and Immigration Canada. However, those completed by hand will still be accepted until March 31, 2012.

VISA IMPROVEMENTS MAKE IT EASIER TO VISIT

Source: MuchmorCanada

Improvements to make it easier to visit Canada are coming soon, announced the Honourable Jason Kenney, Minister of Citizenship, Immigration and Multiculturalism. A new ten-year multiple-entry visa will make applying more efficient for applicants and better use government resources.

“More applications and higher expectations mean that Citizenship and Immigration Canada needs a more responsive and flexible processing system,” said Minister Kenney. “To achieve that, the Department is providing applicants and staff with the right tools to deliver on those expectations.”

Citizens of certain countries require a visa to come to Canada temporarily. Currently, the maximum validity period of a multiple-entry visa is five years. However, increasingly, countries are issuing passports which are valid for ten years. In light of this, CIC is changing its policy for visa issuance. Where applicants apply for multiple-entry visas, they may now be issued to the maximum validity according to the length of the passport validity (up to ten years, minus one month).

This practice, already recommended for parents and grandparents with sponsorships in process, may now be extended to other clientele, such as business visitors.

As Canada is becoming a preferred destination for visitors and business travellers alike, CIC continues to balance the need to facilitate this travel while responsibly managing our borders. We will increasingly focus attention on applications with the greatest potential for threat and vulnerability, while streamlining low risk cases. Further limitations on validity may apply on a case-by-case basis.

The ten-year visa will be an option available to more low-risk travellers who are citizens of visa-required countries. As of Monday, the technical changes needed to issue it were in place.

Feds plan to revoke fraudulent citizenship of 1,800

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BY ALTHIA RAJ, POSTMEDIA NEWS JULY 19, 2011

The federal government believes some 1,800 Canadian citizens have obtained their citizenship through fraudulent means and it intends to revoke their status, Postmedia News has learned.The federal government believes some 1,800 Canadian citizens have obtained their citizenship through fraudulent means and it intends to revoke their status, Postmedia News has learned.

Photograph by: Richard Lam, Reuters

OTTAWA — The federal government believes some 1,800 people have obtained their Canadian citizenship through fraudulent means and it intends to revoke their status, Postmedia News has learned.

After a lengthy investigation by police and the department of Citizenship and Immigration, letters have been issued to hundreds of Canadians telling them the federal government intends to revoke their citizenship.

Individuals can challenge the decision in Federal Court but if they don't, cabinet will move to void their passports and strip them of their citizenship.

Some of the people targeted are believed to have used crooked consultants who submitted fraudulent applications on behalf of people who didn't meet the qualifications for citizenship — such as residency requirements.

"The bottom line is three years residency in Canada but a lot of people misrepresent the amount of time they spend here . . . (They) are actually living and working in Dubai, for example, but claiming they are in Canada and may be using consultants to manufacture evidence that they are here," immigration lawyer Andrew Wlodyka explained Tuesday.

Many people benefit from Canada's generosity while living in places where they don't pay income tax nor do they declare their worldwide income as they are required to under Canadian law, he said.

"I know some people who declare their income to be $30,000 when they live in a $5,000,000 house and they have a lot of property in Asia," he said from his office in Vancouver.

"We lose a lot of clients because we demand full disclosure, and a lot of the really good lawyers in town do the same, but clients don't want to disclose so they find consultants that will do whatever they want as long as they pay them," he added.

It is difficult for the government to track such cases because Canada doesn't have exit controls, residents can move easily across borders and it is difficult to track how long some have been gone.

Still, Wlodyka, acknowledged it is possible that some of the 1,800 may be victims themselves and have unknowingly committed immigration fraud by hiring unprincipled consultants.

Citizenship revocation is relatively uncommon in Canada. According to data from 2010 only 63 people have had their citizenship revoked since 1977, when the revocation process was established. Most were for reasons related to residence fraud, criminality, false identity and seven were for concealing their involvement in war crimes.

Speaking in Vancouver Tuesday, Immigration Minister Jason Kenney said the federal government was trying to discourage immigration fraud.

"For those who simply touch down and try to get a Canadian passport as a . . . passport of convenience, who don't pay our taxes but who do consume our social benefits, I think that's dishonourable," he told a group of reporters after delivering a speech to a Vancouver Board of Trade.

"There are many ways that we are combating immigration fraud and abuse of our generosity, whether it is from (bogus) asylum claimants, crooked immigration consultants, people smugglers, people who are abusing out citizenship program," he added.

During a trip to the Punjab capital of Chandigarh in India in January 2009, Kenney said he was "floored" after seeing thousands of faked documents that had been submitted with visa applications. Many of the documents came from unscrupulous document vendors, counterfeit artists and fake immigration consultants who can charge $15,000.

Canadian citizenship can at times be a safety-net. Approximately 15,000 passport holders in Lebanon used their citizenship to get out of a war zone in 2006. The federal government spent almost $100 million bringing them home only to find out that some had rarely, if ever, set foot in Canada and that most returned to their Lebanon, their real home, as soon as situation calmed.

Last year, the Conservative government introduced legislation to streamline the time-consuming and expensive revocation process. The Tories wanted to remove the decision making from cabinet and place it in the hands of the Federal Court, which could also issue removal orders earlier in the process.

araj@postmedia.com

Asylum backlog will stay despite reform

Photo of Tabaret Hall with the Desmarais Build...

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Published On Tue Jul 19 2011

Nicholas Keung Immigration Reporter

Ottawa’s plan to fast-track the refugee system could be a “gift” for bogus asylum seekers in the backlog because they will be on the backburner — and not fall under new regulations — when new refugee reform takes effect in December.

The federal government is expected to roll out the new refugee regulations December 1, which aim to assess asylum claims, hear appeals and boot out failed claimants within a year.

However, claims filed under the new law are the priorities and must be processed within legislated time frames; the 41,500 backlogged cases are not.

“The Immigration and Refugee Board will have a significant number of ‘legacy’ cases in the inventory when the Balanced Refugee Reform Act comes into force,” said the board’s recently published 2011/12 planning report. “The IRB will not have the resources to resolve these cases.”

Critics said it is irresponsible for the government to implement a new system without a transition plan such as the “semi-amnesty” program implemented to remove a backlog before the launch of the refugee board in 1989.

“When you start a new ferry, you are not going to put 40,000 people on it. It would sink the boat,” warned Peter Showler, former chair of the refugee board, now director of the University of Ottawa’s Refugee Forum.

Not only do genuine claimants suffer, the long wait time can benefit bogus refugees, said Toronto refugee lawyer Max Berger.

“It will be a gift for claimants with fabricated stories because now they can wait to stay in Canada for as long as possible,” Berger said.

Currently, asylum seekers arriving at the border wait 22 months for an initial decision by the refugee board. If rejected, they can appeal to the federal court and apply for pre-removal risk assessments, processes that take months, if not years.

As of April, there are 47,300 claims in backlog, down from 62,000 in 2009, when the Conservative government delayed appointing new asylum adjudicators.

Ottawa has since filled the refugee board and hired 12 additional adjudicators to deal with the backlog. It is not known when the backlog will be cleared.

“We want to see what’d actually happen under the new system rather than making assumptions and projections, which are a guessing game,” Immigration Minister Jason Kenney told the Star Monday.

“We are focused on the new system that would hopefully deter bogus claimants from clogging up the system and provide protection to bona fide refugees. It’s our hope that by deterring false claimants in the future that we will be able to continue reducing the backlog.”

In 1988, just before the refugee board was launched, the then Conservative government implemented a special one-hearing process to fast track a refugee backlog of 95,000 by lowering the bar of the examination. The backlog took four years to clear despite a $179 million price tag.

Kenney has already ruled out a similar humanitarian program.

“A complete amnesty is inappropriate, but it is reasonable to do some form of humanitarian program for those who are well established and have been here for a long time because of the failure and inefficiency of the current system,” said University of Ottawa’s Showler.

Under the reform, claims will be heard initially by civil servants, who must render decisions within 60 days for claimants from so-called “safe” countries and 90 days for others.

Immigration Canada

Immigration backlog a major challenge

Bill C-35

Manitoba population booms