CANADIAN IMMIGRATION & CITIZENSHIP POLICIES

Transcription

1 2014 CANADIAN IMMIGRATION & CITIZENSHIP POLICIES * - ON. MARCO FEDI- LAST UPDATED: 1 OCTOBER 2014 * Picture courtesy of CANAM Immigration, Canadian Immigration Information (08 April 2014), Canadian Immigration- Apply now <

2 Table of Contents 1- WHICH DEPARTMENT IS CURRENTLY IN CHARGE OF IMMIGATION & CITIZENSHIP IN CANADA? WHO ARE THE MINISTERS IN CHARGE OF IMMIGRATION/CITIZENSHIP AND MULTICULTRALISM? WHAT IS THE LAW GOVERNING IMMIGRATION AND CITIZENSHIP? INTEGRATION PROCESS: PATH TOWARDS CITIZENSHIP HOW LARGE IS THE DEPARTMENT & WHAT ARE ITS KEY OBJECTIVES? HOW DOES CIC STRUCTURE SERVICE OFFERINGS FOR MIGRANTS COMING TO CANADA? WHAT EXACTLY IS MULTICULTURALISM? HOW HAS THIS BEEN APPLIED IN THE CANADIAN CONTEXT? CANADIAN MIGRATION: HOW MANY IMMIGRANTS HAS CANADA TAKEN IN? WHAT IS CANADA S CURRENT POSITION IN RELATION TO ILLEGAL IMMIGRANTS? RECENT DEVELOPMENTS? ON. MARCO FEDI III COMMISSIONE AFFARI ESTERI E COMUNITARI CAMERA DEI DEPUTATI UFFICIO PARLAMENTARE VIA POLI 13, 00186, ROMA TEL: fedi_m@camera.it Author: Frank Scisciolo 1.

3 1- WHICH DEPARTMENT IS CURRENTLY IN CHARGE OF IMMIGATION & CITIZENSHIP IN CANADA? The Government department responsible for issues dealing with immigration and citizenship is currently called Citizenship and Immigration Canada ( Citoyenneté et Immigration ) (hereafter CIC ). The department was set up under its current guise after a reorganisation within the federal government in CIC remains responsible for the establishment of policies and processing of permanent and temporary residence visas, refugee protection and citizenship applications. CIC operates a large network of "Citizenship and Immigration Centres" throughout Canada and in an important number of embassies, high commissions and consulates abroad. CIC s mandate comes from the Department of Citizenship and Immigration Act. The current website of CIC is located via the following links: English version: French version: 2- WHO ARE THE MINISTERS IN CHARGE OF IMMIGRATION/CITIZENSHIP AND MULTICULTRALISM? Immigration/Citizenship: The Minister of Citizenship and Immigration is currently the Hon. Christopher Alexander (pictured right); he was appointed to this position in July The Deputy Minister is Mr. Neil Yeates. Multiculturalism: The current Minister for Multiculturalism is the Hon. Jason Kenney (pictured right). 2 The Minister of State (Multiculturalism) is the Hon. Tim Uppal. 1 Prime Minister of Canada, The Honourable Chris Alexander (8 April 2014) < 2 Prime Minister of Canada, The Honourable Jason Kenney (8 Aril 2014) < 2.

4 3- WHAT IS THE LAW GOVERNING IMMIGRATION AND CITIZENSHIP? The following table is by no means an exhaustive representation of detailed legal reform, it attempts to merely highlight the key reforms that have taken place in shaping current state of the law: IMMIGRATION CITIZENSHIP The current law relating to Canadian immigration is called the Immigration and Refugee Protection Act (2002). This statute replaced the Immigration Act (1976) as the primary federal legislation regulating immigration to Canada. It creates a high-level framework detailing the goals and guidelines that the Canadian government has set with regards to immigration by foreign residents. The Immigration and Refugee Protection Regulations (IRPR) contain the laws created to fit within the 2002 Act in order to specify how the primary Act is to be applied. Portions of IRPA are administered by the Canada Border Services Agency. If a foreign resident wants to immigrate to Canada, they must determine if they are eligible to apply. Certain categories of people are not allowed to come to Canada and are known as inadmissible under the Immigration and Refugee Protection Act (2002) (e.g. for reasons of security, health grounds, non-compliance with the Act etc.). The Regulations set out the broad legal classes or classifications of immigrants to Canada. Broadly speaking, most immigration websites group immigrants arriving to Canada as either: family, economic immigrants (e.g. skilled workers and business people), other (people accepted as immigrants for humanitarian or compassionate reasons) and refugees. 3 In terms of the modern day law, the first major reform concerning citizenship came in 1946; this was the year that Canada established its very own nationality law with the enactment of the Canadian Citizenship Act 1946 (which took effect on 1 January 1947). Prior concepts of legal citizenship were broadly tied to the status of a British subject Interestingly, Canada became the second country in the British Commonwealth to establish its own nationality law. This Act was replaced on 15 February 1977 by the Canadian Citizenship Act 1976, which removed restrictions on dual citizenship and many of the provisions to acquire and loose citizenship that existed under the 1947 Act. Major changes to the citizenship rules occurred as late as April 2009, where the Citizenship Act was amended (in effect 17 April 2009). The Department justified recent changes in order to simplify the rules relating to Canadian citizenship. 4 The KEY POINT about the 2009 changes is that people who were Canadian citizens when the law came into effect are able to keep their citizenship. Under the old rules it was possible for Canadians to pass on their citizenship to endless generations born outside Canada. The 2009 reforms limit citizenship to one generation born outside Canada. According to the CIC website, the following people become citizens under the 2009 laws 5 : 3 CIC, Do you want to come to Canada, or extend your stay?, CIC Website (8 April 2014) < Wikipedia, Immigration to Canada < 3.

5 Each of these classes has their own categories and definitions. The precise classes can be found on the CIC website when determining eligibility. People who became citizens when the first Citizenship Act came into force in 1947 and people born or naturalized in Canada after 1947 and who subsequently lost their citizenship will reacquire citizenship unless they formally renounced it or had it revoked because of fraud. People born abroad to a Canadian parent after 1947 who lost or never had citizenship due to former citizenship laws also became citizens under the 2009 law, but only if they had a Canadian parent who was born or naturalized in Canada. People who formally renounced their citizenship or had it revoked because of fraud did not automatically become citizens under the 2009 law. Also, foreign-born persons adopted by Canadian parents between January 1, 1947, and February 15, 1977, while not citizens automatically, and are eligible to apply for citizenship. There are still obviously rules which apply to acquiring citizenship via naturalisation, adoption and loosing Canadian citizenship (see the CIC website). People who did not become Canadian citizens after the changes 6 : People born in Canada but are not citizens because when they were born, one of their parents was a foreign diplomat and neither parent was a permanent resident or citizen of Canada; People who renounced their citizenship as adults with the Canadian government; People who had their citizenship revoked by the government because it was obtained by fraud; People who were born outside Canada to a Canadian parent, who are not already citizens or who lost their citizenship in the past, and who were born in the second or next generation abroad (this includes people who failed to retain citizenship). Historica Canada, Immigration Policy (8 April 2014) < 4 CIC, Changes to citizenship rules as of April 2009, CIC Website < > (8 April 2014). 5 Ibid. 6 Ibid. 4.

6 4- INTEGRATION PROCESS: PATH TOWARDS CITIZENSHIP The process of applying for Canadian citizenship varies depending on your eligibility. Generally, in order to apply for Canadian citizenship you will need to follow these steps: STEP (1): Determine that you are eligible YOU CAN DO THIS BY CHECKING THE WEBSITE ONLINE- FIRST & MOST IMPORTANT STEP ELIGIBILITY STEP: Must satisfy: (i) Age Requirment (ii) Acquired 'Permanent resdence status' (iii) Satisfied time lived in Canada (iv) Demonstrate laguage abilities (v) Demonstrate a knowledge on Canada's history, values, institutions and symbols. ASSUMING ONE DOES NOT FALL FOUL OF ANY PROHIBITIONS STEP (2): Submit a citizenship application GENERALLY: (1) Get an application package (2) Pay application fees (3) Submit application. STEP (3): Check processing time online or call Routine citizenship application (according to the CIC website): 24 months STEP (4): CIC DEPARTMENTAL INTERVIEW (to bring in documents) STEP (5): Citizenship test (if between ages 18-54) STEP (6): DEPARTAMENTAL 5. DECISION

7 It is interesting to note that a foreigner does not automatically become a Canadian citizen when they marry a Canadian citizen. That foreigner must first apply for and get permanent resident status. Only then can you apply for Canadian citizenship and meet the same requirements as any other person seeking Canadian citizenship HOW LARGE IS THE DEPARTMENT & WHAT ARE ITS KEY OBJECTIVES? The CIC department has over 4000 employees working in 46 points of service in Canada and 90 points of service in 76 countries. CIC s mandate, mission and vision statements are on its website. This is set out as follows 8 : Mandate: CIC s mandate comes from the shared jurisdiction of Section 95 of the Constitution Act, 1867, the Citizenship Act, and the Immigration and Refugee Protection Act. Mission: CIC and its partners aim to build a stronger Canada by: o Developing and implementing policies, programs and services that: facilitate the arrival of people and their integration into Canada in a way that maximizes their contribution to the country while protecting the health, safety and security of Canadians; maintain Canada s humanitarian tradition by protecting refugees and people in need of protection; enhance the values and promote the rights and responsibilities of Canadian citizenship; and reach out to all Canadians and foster increased intercultural understanding and an integrated society with equal opportunity for all, regardless of race, ethnicity and religion. 7 CIC, Help Centre: FAQ (8 April 2014) < 8 CIC, CIC s Mandate, mission and vision (8 April 2014) < 6.

8 o Advancing global migration policies in a way that supports Canada s immigration and humanitarian objectives. Vision for a stronger Canada: A stronger Canada a safe and secure country with a shared bond of citizenship and values; a country that continues to support our humanitarian tradition and draws the best from the world to help build a nation that is economically, socially and culturally prosperous. 6- HOW DOES CIC STRUCTURE SERVICE OFFERINGS FOR MIGRANTS COMING TO CANADA? The service offerings for migrants are vast and wide-ranging. CIC provides citizenship and immigration services and programs such as: visitor visas, sponsoring members of the family class, study permits, sponsoring refugees, work permits, becoming a Canadian citizen, permanent resident visas and proof of Canadian citizenship. 9 CIC also has online services, where people can apply online or self-assess for specific programs. CIC also provides funds to certain Canadian provinces and immigrant-serving organisations for settlement and resettlement program services. As stated on their website, these services support eligible newcomers by 10 : providing language training to support the acquisition of language skills necessary to function in Canada; offering the information needed to better understand life in Canada and make informed decisions about the settlement experience; offering government-assisted refugees financial support for immediate and essential services so that they can live safely and independently in Canada; 9 CIC, Who we are & What we do, CIC Website (8 April 2014) < 10 Ibid. 7.

9 facilitating access to assistance in finding employment commensurate with skills and education; and helping to support the establishment of networks and contacts so that newcomers are engaged and feel welcome in their communities. CIC also provides financial support through grants and contributions for: Canadian not-for-profit organizations, individuals and public institutions to address issues affecting ethno-cultural communities, enhance their participation in society, address racism and discrimination, and improve cross-cultural understanding. It also supports projects that will lead to institutional change so that barriers are addressed with policies and practices that are inclusive and sustainable; and eligible community-based commemorative and educational projects on the historical experiences and contributions of ethno-cultural communities affected by wartime measures and immigration restrictions that were applied in Canada. OVERVIEW: Other... Usual Department functions Support Canadian Provinces Supports community and educational projects CIC Support Immigrantsering organisations Support Canadian non-for-profit organisations, individuas and oublic institutions 8.

10 7- WHAT EXACTLY IS MULTICULTURALISM? HOW HAS THIS BEEN APPLIED IN THE CANADIAN CONTEXT? Although there is no agreed or set definition of multiculturalism, according to Andrew Heywood, 11 the term multiculturalism can be used in two broad ways; either in a descriptive or normative sense. That it, it can either describe the diverse demographic makeup of a particular society OR the policies and governmental goals that promote an ideal of how a just, equal and diverse society should be for all. Broadly speaking, Federal multicultural policy has often been characterised in three developmental stages: the incipient stage (pre-1971), the formative period ( ) and institutionalisation (1982 to the present). 12 Since 2008, the Multiculturalism Program was moved from the Department of Canadian Heritage to the CIC. 13 An historical timeline recording the legislative and policy provisions concerning multiculturalism, can be found via the following link: Canada was the first country to become a pioneer for the formal policy of multiculturalism in the 1970s; which was then later adopted by a number of other countries. Canada s long history of immigration coupled with the removal of racially discriminatory immigration selection criteria helped plant the seeds for the official adoption of multiculturalism. Multiculturalism in Canada functions to maintain ethnic languages and cultures, whilst combating racism and living together in a harmonious society. 14 The 1971 policy saw the rights of Canadian Aboriginal people and confirmed the status of Canada's two official languages. 15 Canadian multiculturalism was also given a constitutional and legislative basis, with support for ethnic diversity being enshrined in the Canadian Charter of Rights and Freedoms in 1982, and the passing of the federal 11 Andrew Heywood, Key Concepts in Politics (17 October 2000), p Dewing M, Canadian Multiculturalism, Publication No E (15 September 2009, Revised 14 May 2013), Legal and Social Affairs Division: Parliamentary Information and Research Service < p CIC, Our Mandate (8 April 2014) < 14 Australian Parliament House, Multiculturalism: A review of Australian policy statements and recent debates in Australia and overseas (8 April 2014) (Research Paper no ). 15 CIC, Canadian multiculturalism: an inclusive citizenship CIC website (8 April 2014), < 9.

11 Multiculturalism Act in 1988: both of which are key focal points for the promotion of a multicultural society. 16 It is often said that section 27 of the Charter officially recognises multiculturalism as a core Canadian value, it reads: 27. This Charter shall be interpreted in a manner consistent with the preservation and enhancement of the multicultural heritage of Canadians. However, according to Castles and Miller, since the 1980s public opinion towards multiculturalism has become arguably more ambivalent, and in the late 1990s and into 2000 Canadian governments began cutting back funding to multiculturalism and scaled back the provision of settlement services. 17 Despite these arguments, legislation in 1991 did create a fully fledged Department of Multiculturalism and Citizenship (although short-lived, was later integrated into the Department of Canadian Heritage and now CIC). Furthermore in 2002, the government announced that Canadian Multiculturalism Day would be held. At the international level, on 23 November 2005 Canada became the first country to accept the United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection and Promotion of the Diversity of Cultural Expressions. To this day, Canada is still looked on by the international community as a leader in multiculturalism in promoting a fair, equal and just society for all. What about multiculturalism at the Provincial/Territorial level?: According to a recently revised Parliamentary Research Paper on Canadian Multiculturalism 18 : (See table: p. 11) 16 I Bloemraad, 'Citizenship in the United States and Canada', Canadian Diversity, vol. 6, no. 4, Fall 2008, p S Castles and M Miller, 'Minorities in Canada', op. cit., p. 2; I Bloemraad, 'Citizenship in the United States and Canada', op. cit., p. 133; S Castles and M Miller, The age of migration: international population movements in the modern world, op. cit., p Dewing M, Canadian Multiculturalism, Publication No E (15 September 2009, Revised 14 May 2013), Legal and Social Affairs Division: Parliamentary Information and Research Service < p

12 PROVINCIAL GOVERNMENTS All provincial governments have adopted some form of multiculturalism policy. At present, six of the ten provinces (British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, and Nova Scotia) have enacted multiculturalism legislation. In eight provinces (British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick, Prince Edward Island, and Nova Scotia) a multiculturalism advisory council reports to the minister responsible for multiculturalism. NOTE- In Alberta, the Alberta Human Rights Commission performs the role of multiculturalism advisory council. Special cases: In Nova Scotia, the Act is implemented by both a Cabinet committee on multiculturalism and advisory councils. Ontario has an official multicultural policy and the Ministry of Citizenship and Immigration is responsible for promoting social inclusion, civic and community engagement and recognition. The Government of Newfoundland and Labrador launched the province s policy on multiculturalism in 2008 and the Minister of Advanced Education and Skills leads its implementation TERRITORIAL GOVERNMENTS While the territorial governments do not have multiculturalism policies per se, they have human rights acts that prohibit discrimination based on, among other things, race, colour, ancestry, ethnic origin, place of origin, creed or religion. In Whitehorse, the Multicultural Centre of the Yukon provides services to immigrants. 8- CANADIAN MIGRATION: HOW MANY IMMIGRANTS HAS CANADA TAKEN IN? According to the CIC website, each year CIC helps 250,000 permanent residents come to Canada and 160,000 people to become Canadian citizens. 19 To gauge the number of immigrants, in 2011, Canada had a foreign-born population of about 6,775,800 people. They represented 20.6% of the 19 CIC, Citizenship and Immigration Canada (8 April 2014) < 11.

13 total population, the highest proportion among the G8 countries. Between 2006 and 2011, around 1,162,900 foreign-born people immigrated to Canada. These recent immigrants made up 17.2% of the foreign-born population and 3.5% of the total population in Canada. Asia (including the Middle East) was Canada's largest source of immigrants during the past five years, although the share of immigration from Africa, Caribbean, Central and South America increased slightly. 20 According to the February 2014 report by Statistics Canada 21 : 9- WHAT IS CANADA S CURRENT POSITION IN RELATION TO ILLEGAL IMMIGRANTS? For the purposes of this paper, this refers to unlawful non-citizens from another country that remain in Canada without the legal approval of the Canadian government. The status of illegal immigration is governed by the Immigration and Refugee Protection Act, established in 2003 and outlines the 20 Statistics Canada, Immigration and Ethno-cultural Diversity in Canada (April 2014) < 21 Statistics Canada, Annual Levels of Immigration and Immigrant Entry Earnings in Canada by Feng Hou and Garnett Picot (February 2014) < 12.

14 rules and procedures associated with immigrants within Canada. It provides for the office of the Canada Border Service Agency (CBSA): charged with border enforcement, immigration and customs (though it works with CIC). Enforcemnet measures can be applied to anyone who has breached any part of the Immigration and Refugee Protection Act. Enforement operates at an international level, within Canada and at all ports of entry. 22 The immigration laws permit the CBSA to detain individuals in CBSA-run immigration holding centres or a provincial correctional facility. Each detention decision is assesed on its on merits and only after considering all reasonable alternatives before detaining someone (according to the Detention Guidelines ). 23 For example, in , the CBSA detained 9,929 individuals out of the 98.7 million people (including returning Canadians) processed by the CBSA. 24 In the execution of its mandate, the CBSA consistently strives to meet its domestic and international detention obligations and respect the Canadian Charter of Rights and Freedoms. Every individual has access to medical services and there is special considerations for vulnerable people (e.g. children). Detained individuals can have visits from family members, friends and community groups, use the telephone and receive mail. These measures are put in place to deter illegal immigration and assert a strong border protection policy. 10-RECENT DEVELOPMENTS? The most recent development in terms of government policy are the changes speculated to occur in the early stages of This includes launching a new active recruitment model, known as the Express Entry system; switching from a passive processing of applications to prioritising people with skills. As the Minister of Immigration highlights Express Entry promises to be a game 22 Canada Border Services Agency, Fact Sheet: CBSA (8 April 2014) < 23 Canada Border Services Agency, Fact Sheet: Overview of the CBSA s Immigration Detention Program (8 April 2014) < 24 Ibid. 13.

15 changer for Canadian immigration and Canada s economy. It will revolutionise the way we attract skilled immigrants and get them working here faster. 25 Although these developments seem promising, it has not attracted widespread support from new migrant arrivals and certain commentators. 26 The success of the program and its actual implementation should be watched closely over the coming months. Once the program eventually becomes implemented, it will be interesting to evaluate its impact on national development and overall immigrant welfare. 25 Mondaq, Canada: Canada s Immigration Playing Field is about to change: Apply now if you can < 26 See: Emigrate.co.uk, Canada express entry skilled work visa fails to impress migrants, < 14.