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Español B.C. Government’s Plan to Collect Data on Foreign Homebuyers Draws Fire
British Columbia Finance Minister Mike de Jong, in delivering the province’s budget, said the government would start asking property buyers whether they were a citizen or a permanent resident and, if not, where they were from.
This pledge to collect more data on home buyers was the result of ongoing debate regarding the lack of hard facts on foreign ownership in Vancouver’s property market. Unfortunately the plan is already being criticized for failing to truly capture the impact of global capital on local real estate prices.
Vancouver is home to a burgeoning property market where the average price of a detached house in January reached $2.87-million, up by almost 46 per cent from January 2015. Some real estate firms say almost 70 per cent of detached houses with a value of over $3-million are going to buyers from China. Many young families including upper-middle-class professionals are unable to enter the housing market.
Vancouver has been engaged in a non-stop debate about the role of foreign money in the city’s increasingly pricey housing market and the impact that could have on the future of the city. The issue has even attracted the attention of Prime Minister Justin Trudeau, who has pointed out the need for more data.
Despite Vancouver mayor Gregor Robertson having asked B.C. Premier Christy Clark’s government to intervene in the housing market, Ms. Clark and Mr. de Jong have maintained they would not enforce policies that could have a negative impact on house prices.
Mr. de Jong said that while he won’t try to predict what the data will show, his aim is not to discourage foreign investors.
“There is a diversity of opinion about the degree to which foreign investment in the market is driving prices,” Mr. de Jong said. “The value in the market has increased to a degree and with a speed that is registering on people. But it’s not true that there are no housing options for residents.”
Vancouver immigration lawyer Ryan Rosenberg says there is nothing wrong with foreign investment and that the government should be cautious about how closely it scrutinizes the roots of permanent residents. He also expressed doubts as to whether the new measures will have any impact and added that the government should instead ask buyers where they pay income tax – which would show where they earn their money.
Critics believe the new disclosure rules should also focus on the source of capital and not just target residency. The new measures fail to address soaring prices, and may one day make the situation much worse.
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Canada Falsely Portrayed in New York Times Opinion Editorial on Immigration Overstays
A recent New York Times editorial presents an inaccurate picture on the number of Canadians who overstayed in the United States in 2015. Asserting that 100,000 Canadians overstayed, this number is most likely inflated since the Department of Homeland Security report clarifies the total number of 2015 overstays does not equal the total number who actually remain in the United States. The number of overstays is likely considerably lower because foreign nationals identified as possible overstays can and do subsequently depart the United States, or have been found to have adjusted their lawful status.
In its 2015 report, Entry/Exit Overstay Report for Fiscal Year 2015 the U.S. Department of Homeland Security provides data on departures and overstays by country, for foreign visitors to the United States. This report represents a snapshot of the number of foreign nationals who, despite having entered the United States legally through air or sea ports, went onto to stay beyond their stipulated admission period.
To deal with this issue several controls are in place to screen visitors to the United States. One such database that all foreign nationals are entered into is the Terrorist Screening Database to remove any possible threat to public and national security.
The Department identifies two types of overstays: Suspected In-Country Overstay and Out-of-Country Overstay. In FY 2015, out of nearly 45 million non-immigrant visitor admissions through air or sea ports of entry, 527,127 individuals (or 1.17 percent) overstayed their admission. For Canada the FY 2015 Suspected In-Country Overstay rate is 1.18 percent of the 7,875,054 expected departures. It should be noted that this figure represents only travel through air and sea ports of entry and does not include data on land border crossings.
This latest report by the DHS focuses on foreign nationals who entered the United States as non-immigrant visitors through an air or sea port of entry. This is because those visitors represent the vast majority of annual non-immigrant admissions. Unlike all other countries, over 95 percent of travelers from Canada enter the United States by land.
Given the difficulty in collecting information in the land environment due to travelers crossing borders using their own vehicle or as pedestrians, the US Customs and Border Protection created a partnership with the Canadian Border Services Agency. On June 30, 2013, the ‘Beyond the Border’ program came into existence and Canada began an exchange of information with the United States. Entry data was collected electronically for third-country nationals, permanent residents of Canada and U.S. lawful permanent residents, who entered through any land port of entry along the shared border. This entry/exit initiative helps both nations as an entry into one is recorded as an exit from the other. Overstay data concerning land entries will also be incorporated into future versions of this DHS report that was not reflected in the 2015 report.
The Immigration and Customs Enforcement’s (ICE) Counterterrorism and Criminal Exploitation Unit (CTCEU) is the department responsible for analyzing records of hundreds of thousands of potential status violators from various investigative databases with the aim of identifying, locating and prosecuting persons who overstay. They also remove overstays, prioritizing those who pose a risk to national security or public safety.
Despite the fact that the United States did not build its border, aviation, and immigration infrastructure with exit processing in mind, in recent years significant progress has been made towards improving the data collection process.
U.S. Customs and Border Protection obtain passenger manifest data on all commercial air and sea departures from the United States, and passenger data on land departures into Canada. CBP aims to verify entry and exit data to identify foreign travelers who have overstayed their period of admission to the United States.
At the end of FY 2015, the overall Suspected In-Country Overstay number was 482,781 individuals or 1.07 percent and by January 4, 2016, this number had dropped to 416,500 due to further departures by individuals in this group. The latest Suspected In-Country Overstay rate for FY 2015 is now 0.9 percent.
The DHS expects these numbers to fall even further over time with the aid of additional information being reported. The overall Suspected In-Country Overstay rate will continue to decline as there will be a rise in the number of individuals who have departed or transitioned to another immigration status after their initial period of authorized admission ended.
As of January 4, DHS was able to confirm the departures of over 99 percent of nonimmigrant visitors scheduled to depart in FY 2015 via air and sea POEs, and that number continues to grow. The Department of Homeland Security hopes to be able to provide a broader scope of data in future Entry/Exit Overstay Reports.
This topic has become an issue during the current US presidential election campaign. Hopefully the candidates will not rely on the inaccurate New York Times editorial when referring to Canada as a country with high rates of overstay.
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- Publié dans 2016, Février, L'actualité Canadienne
Guidelines Issued by Immigration Canada on Use of Email (Audio)
With an active move towards electronic processing by the Immigration Refugee & Citizenship Canada (IRCC), the reliability of the email correspondence between applicants and officials has become a growing concern.
New guidelines for email communication with immigration applicants have been recently issued to avoid complaints and lawsuits over missing correspondence that may lead to wrongful denials of eligible applications.
The guidelines include instructions on how to save a sent email in the department’s system and provide evidence for litigation purposes. Officials must obtain consent from applicants to communicate via email by ensuring a completed application form includes an email address of either the applicants. Consent is presumed if applicants initiate an email communication.
Failing to respond to officials’ requests as a result of missing email can be detrimental to applicants’ immigration prospects. Failing to prove that the correspondence had been sent and received can lead to lawsuits for the federal government.
The new guidelines provide safeguards and more precise instructions to officers to save records. The new guidelines warn officers that the old departmental practice of “read notification function” can no longer be used as a means of verifying that the applicant had received the email.
Even though the responsibility lies on the applicant to respond to officers’ requests and make their case if it warrants, reconsideration in the case of an « abandoned » application due to alleged missing email, must be considered under the new guidelines.
If the decision-maker finds that an error was made by IRCC and the email requesting additional information was not sent to the applicant or representative, the applicant must be given a second chance to comply.
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- Publié dans 2016, Février, L'actualité Canadienne
Sending a Syrian Minor to Solitary Confinement is a Travesty (Audio)
Solitary confinement is defined as the physical and social isolation for more than 22 hours a day. Indefinite solitary confinement is considered prolonged if it exceeds 15 days. Not only does prolonged, indefinite solitary confinement result in serious psychological harm, it is regarded as cruel and unusual treatment amounting to torture when inflicted on adults.
In January 2016, Mohamed, a 16-year-old Syrian, arrived in Canada, alone. He had been sent to Canada by his parents in a bid to escape the brutal war currently raging in Syria. Mohamed’s parents had heard of Canada accepting 25000 Syrian refugees. Unfortunately, Mohamed was greeted at the airport by the Canada Border Services Agency, apprehended and sent to the Toronto Immigration Holding Centre, where he was placed in isolation for three weeks.
The unaccompanied minor was requesting asylum in Canada and instead found himself in a desolate situation. For minors, the effects of solitary confinement are amplified. The human brain undergoes significant changes in adolescence and continues to develop into early adulthood. Mohamed was allowed out for less than an hour each day to play basketball alone in the snow. For three weeks Mohamed lived in near-complete social isolation, with only a television for company.
Despite having merely asked for refuge, Mohamed was treated as a criminal and to make matters worse, rather than apologize for this abuse, the CBSA is now seeking to deport him.
The United Nations Committee on the Rights of the Child has stated that solitary confinement should not be used for anyone under 18 years of age for any period of time. This prohibition applies regardless of circumstance; there is no disciplinary or administrative objective that can justify placing a child in solitary confinement. Last month, U.S. President Barack Obama banned solitary confinement for juveniles in U.S. federal prisons.
As an unaccompanied minor asylum seeker, this person should never have been imprisoned under these conditions. The lack of statutory prohibitions against the use of solitary confinement for juveniles allows its continual use in Canada. The policy, a holdover from the former Conservative government, must be abolished for juveniles.
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How Negative Interest Rates May Help the Canadian Economy
In December 2015, Bank of Canada governor Stephen Poloz gave a talk at the Empire Club of Canada in which he discussed four unconventional monetary policies which would help stimulate the Canadian economy.
The most striking of these policies was to lower the central bank interest rate below zero. The idea behind negative interest rates is being increasingly discussed around the world, although it is yet to become prominent in mainstream media. In Canada, growth forecasts for 2016 continue to be revised downward, despite the Bank of Canada’s optimistic prediction.
Negative interest rates are a relatively new economic policy tools. Central banks in countries such as Switzerland, Japan and Denmark have already implemented them.
Negative interest rates are unfortunately a continued sign of Canada’s inability to stimulate domestic economies in the absence of fiscal policy.
To better understand the importance of negative rates, two important issues must be considered. First, monetary policy has in a way exhausted its ability to stimulate the economy because of what economists call the « zero lower bound. »
In normal times, interest rates cannot be forced below zero. However, these are not normal times: the Canadian economy is going through its worst performance since the Great Depression. After having fallen back into recession in the first part of 2015, prospects for 2016 and 2017 are bleak with another possible recession in the near horizon.
At such low rates monetary policy becomes largely ineffective because the central bank is running out of room to lower rates. This brings us to the second point: central banks, and especially the Bank of Canada, believe that a negative rate of interest would bring the economy back to full employment. Economists call this the natural rate.
Some say the Bank of Canada will set its rate at minus one per cent in 2016.
Mr. Poloz has said « the effective lower bound for Canada’s policy rate is around minus 0.5 per cent, but it could be a little higher or lower. »
How do negative rates work? The Bank of Canada offers interest on the deposits of the commercial banks at the central bank, just like commercial banks offer us interest on our deposits with them. With negative rates, commercial banks would now have to pay the central bank to hold deposits with them. By charging interest on bank deposits, the central bank hopes banks will want to avoid paying interest and instead start lending out their excess funds again, therefore helping the economy get back to full employment.
However negative interest rates may not capture the reality that banks do not lend because they are unwilling to lend in such uncertain economic times. Banks lend in the hope of getting reimbursed with interest. But if banks are pessimistic about the ability of the private sector to honour debt loads, there will be a continuing reluctance to incur lending risk.
Negative interest rates may likewise not help consumers because as the record reflects in the last two rate decreases, banks have been unwilling to pass through the full effect of rate decreases. It is plausible that by lowering rates to zero or below, banks will pass only a small portion of this saving to borrowers.
What the Canadian economy needs is a combination of a measured rate decrease combined with sizeable fiscal stimulus from Ottawa.
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- Publié dans 2016, Février, L'actualité Canadienne
Majority of Canadians Believe Liberals’ New Refugee Target is Too High (Audio)
According to a new poll by the Angus Reid Institute, over 70 per cent of Canadians do not support the federal government’s decision to admit more than 25,000 Syrian refugees. The report adds that two in five respondents feel Canada should stop taking in refugees immediately.
Recently the government met its target of 25,000 Syrian refugees.
The Angus Reid Institute poll received responses from over 1,500 Canadians who are members of the Angus Reid Forum. Despite the wishes of a majority of Canadians, Immigration Minister John McCallum recently stated the Liberals would exceed the original commitment and settle between 35,000 and 50,000 Syrian refugees by the end of 2016.
A wave of racially motivated anti-refugee incidents has taken place across the country. A Calgary school was vandalized with the message “Syrians Go Home and Die”, while a group of Syrian refugees was pepper sprayed in Vancouver last month.
Despite the Liberals’ stated commitment for 2016, this is the first Angus Reid Institute poll that suggests a majority of Canadians do not support its continued refugee resettlement plan.
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The 23 Cities with the Best Quality of Life in the World
The annual Mercer Quality of Living Index is one of the most comprehensive of its kind. The index looks at 450 cities across the world and out of the final list of 230 cities, 4 Canadian cities in the top 23 were: Toronto ranking 16th, Ottawa 17th, Montreal 23rd and Vancouver 5th. Vienna topped the list with Zurich and Auckland ranking 2nd and 3rd respectively.
The index takes into account the following metrics to assess quality of life.
- Political and social environment (political stability, crime, law enforcement).
- Economic environment (currency exchange regulations, banking services).
- Socio-cultural environment (media availability and censorship, limitations on personal freedom).
- Medical and health considerations (medical supplies and services, infectious diseases, sewage, waste disposal, air pollution).
- Schools and education (standards and availability of international schools).
- Public services and transportation (electricity, water, public transportation, traffic congestion).
- Recreation (restaurants, theatres, cinemas, sports and leisure).
- Consumer goods (availability of food/daily consumption items, cars).
- Housing (rental housing, household appliances, furniture, maintenance services).
- Natural environment (climate, record of natural disasters).
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Liberals Reinstate Refugee Health Benefits Terminated by Previous Government
Immigration Minister John McCallum and Health Minister Jane Philpott recently announced that the Interim Federal Health Program, which provides health-care coverage for asylum claimants and refugees, will be restored to the level it was prior to 2012.
The Conservative government reduced refugee health-care benefits in 2012 in an effort to save taxpayers money by deterring “bogus” refugees from coming to Canada. The cuts included an end to almost all supplemental health-care benefits and to medical coverage for refugee claimants.
Speaking to reporters in Ottawa, Mr. McCallum said, “All refugee claimants and refugees will now be covered.”
The health-care benefits which Mr. McCallum says will be fully restored as of April 1st 2016 and will cover hospital and physician services, along with supplemental services such as vision, urgent dental care and prescription drugs, in accordance with social assistance provisions.
The tens of thousands of Syrian refugees that are being resettled in Canada are already eligible for health-care coverage due to an exemption in the 2012 law that ensured refugees being settled as a “result of a public policy or humanitarian and compassionate considerations on the minister’s own initiative” will receive full access to health-care benefits.
The government also announced an expansion of the program aimed at benefiting refugees who have been identified for resettlement before they come to Canada. From April 1, 2017, those services will include coverage of the immigration medical examination, pre-departure vaccinations, service to manage disease outbreaks in refugee camps and medical support during travel to Canada.
Ontario Health Minister Eric Hoskins said the move will help provinces fill the funding gap while Janet Dench, executive director of the Canadian Council for Refugees (CCR), said her organization welcomes the announcement.
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A Damaged Passport Could Prevent Travels
Every Canadian passport contains an electronic chip and it’s important to take extra care as a passport can be rendered useless if even slightly wet or torn. Its also advisable to keep birth certificates, citizenship papers secured and easily accessible at all times.
A Canadian citizen from Kelowna, B.C. was prevented from traveling because of a slightly torn passport. He said because of the damage, the officials at the passport office told him it couldn’t be renewed and the passport would be declared invalid, forcing Grant Smith to reapply and once again prove he’s a Canadian citizen.
He became a Canadian citizen when he was 17 but because he had misplaced his citizenship certificate, Citizenship and Immigration Canada notified him that a new passport copy would take between 5 months to 2 years. This meant he would be unable to travel anywhere, which he needed to do for work.
To make matters even worse, Smith was told that his Nexus card would also be rendered useless because it’s tied to his passport. Since he had his old expired passport in his possession along with a valid Nexus card and having been a regular taxpayer, Smith was shocked that officials couldn’t just confirm him in the system. It was only after he enlisted the assistance of his local MP, Stephen Fuhr that he found a solution.
Citizenship and Immigration Canada receives 55,000 requests every year for citizenship replacement certificates and while that can take time to process those requests, copies can also be expedited in special circumstances.
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Québec recevra 10 000 demandes pour travailleurs qualifiés à partir de juin 2016 (Audio)
26 février 2016 – Le Ministre de l’Immigration, de la Diversité et de l’Inclusion (MIDI) a annoncé la réouverture de son programme en ligne pour travailleurs qualifiés (« Mon projet Québec ») le 13 juin 2016. À cette date, il commencera à accepter 5000 demandes afin de remplir son quota de 10 000 demandes sous son PTQQ.
Le système en ligne a subi de nombreux délais depuis janvier 2016. Plus de 42 000 demandes sont en attentes depuis le 26 février 2016, date à laquelle le programme devait ouvrir afin de soumettre les demandes à travers le portail en ligne critiqué.
La Ministre du Québec, Kathleen Weil, faisant face à une pression croissante, a opté pour la suspension du programme afin d’améliorer le portail en ligne à la place de permettre les soumissions papiers.
Nouvelles dates pour les demandes :
- À partir du 29 février 2016 : Le portail en ligne de Mon projet Québec subira une maintenance technique
- 13 au 20 juin 2016 : Première période de réception– Les candidats ayant déjà créé un compte d’utilisateur en ligne pourront soumettre leur demande pour un Certificat de sélection du Québec (CSQ) et payer les frais requis. Un maximum de 5000 demandes seront reçus durant cette période sur la base du premier arrivé premier servi.
- 20 juin au 31 mars 2017 : Deuxième période de réception à être confirmée par MIDI. Les candidats ayant déjà créé un compte d’utilisateur en ligne pourront soumettre leur demande pour un Certificat de sélection du Québec (CSQ) et payer les frais requis. Un maximum de 5000 demandes seront reçus sur la base du premier arrivé premier servi durant cette deuxième période.
Les candidats faisant une demande sous le PTQQ ne peuvent soumettre une demande en dehors des périodes de réception mentionnées ci-haut. Les candidats se qualifiant sous le Programme de l’expérience québécoise ou ayant une offre d’emploi validée peuvent soumettre une demande en tout temps et ne sont pas limités aux périodes mentionnées ci-haut. De plus, les candidates ayant un permis d’étude ou un permis de travail ne sont pas non plus limités aux périodes mentionnées ci-haut.
Le programme de travailleurs qualifiés dispose de plus de 75 professions et secteurs de formation qui permettront aux candidats de se qualifier pour un certificat de sélection du Québec (CSQ) sans offre d’emploi.
La liste des domaines de formation inclut un large éventail de domaines d’étude attribuant des points aux candidats et à leur(e) conjoint(e) de fait ou époux (épouse) pour des diplômes obtenus à l’extérieur du Québec, au Québec ou reconnus comme étant équivalent au Québec.
Le programme de travailleurs qualifiés du Québec vise à sélectionner des candidats ayant, au moment de leur arrivée au Québec, la plus forte probabilité de succès potentiel économique. Les ressortissants étrangers désirant s’installer de façon définitive au Québec devront passer par un processus d’immigration en deux étapes.
- Ils devront être sélectionnés par le Ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI), l’autorité d’immigration du Québec. Les candidats sélectionnés recevront un Certificat de Sélection du Québec (CSQ).
- Le détenteur d’un CSQ doit déposer une demande auprès des autorités canadiennes fédérales en matière d’immigration. Le rôle du gouvernement fédéral dans l’évaluation d’une demande de résidence permanente provenant du Québec est principalement limité aux questions de santé et de criminalité.
Contrairement au système fédéral d’immigration Entrée express ou aux possibilités offertes par d’autres provinces dans le cadre des Programmes des Candidats des Provinces (PCP), le Québec demeure le seul programme au Canada qui opère sous la base du « premier arrivé, premier servi » et où les travailleurs qualifiés peuvent prédire leurs chances d’admission sur la base de leurs qualifications.
Un travailleur qualifié du Québec est un ressortissant étranger qui a l’intention de s’installer au Québec afin d’occuper un emploi qu’un ressortissant étranger serait vraisemblablement en mesure d’obtenir. Cette détermination est faite en utilisant un système de points qui évalue le domaine de formation du candidat, le niveau de scolarité, l’âge, les connaissances linguistiques, les qualifications de son époux ou de son conjoint de fait, l’offre d’emploi validée (qui n’est pas requise) et le fait qu’il ait des enfants ou non.
Les candidats ayant de l’expérience ou une éducation dans un large éventail de domaines, notamment en gestion, services financiers, ingénierie, technologie de l’information et soins de santé, ont les meilleures chances de réussir dans le cadre du programme de travailleurs qualifiés du Québec.
Le processus de sélection des applications au Québec suit un processus d’évaluation en plusieurs étapes, chacun avec un seuil éliminatoire. Les candidats ayant la note de passage reçoivent un Certificat de Sélection du Québec et peuvent déposer une demande de résidence permanente. Une fois admis au pays, un résident permanent jouit de tous les droits et libertés canadien, ainsi que de la mobilité de la main d’œuvre à travers le Canada tels que prévus par la Charte canadienne.
Le Québec a reçu une renommée mondiale comme étant une destination d’immigration populaire. Plus tôt cette année, la revue The Economist a reconnu la ville de Montréal comme étant la deuxième meilleure ville au monde où vivre, après Toronto.
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