Inmigración, Refugio y Ciudadanía de Canadá (IRCC, por sus siglas en inglés) realiza un esfuerzo concertado para reducir los tiempos de tramitación desde que el gobierno liberal llegó al poder.
Después de haber reducido satisfactoriamente a un 15 por ciento las demandas realizadas desde Canadá y a un 10 por ciento las emitidas desde fuera del país, en estos momentos el departamento de inmigración plantea que la mayor cantidad de solicitudes serán procesadas en un año, aunque admite que los casos complejos requerirán de más tiempo.
“Hemos escuchado a los canadienses y estamos obteniendo resultados. Reunir a los familiares conduce a un Canadá más fuerte”, expresó el Ministro de Inmigración John McCallum.
“Los canadienses que contraen matrimonio con una persona de otro país no deberían esperar años para traerlos o dejarlos con la inseguridad de poder quedarse en el país. Lo que estamos anunciando hoy es un proceso más eficiente, considerado, con el objetivo de reunir familias”.
El gobierno dejó claro que las aplicaciones que ya están en el sistema no tendrán que esperar otros 12 meses. Estas se seguirán analizando de acuerdo al orden de llegada.
La reciente declaración realizada por McCallum sobre los niveles de inmigración canadiense del 2017 tiene como meta 64,000 nuevos residentes permanentes bajo la categoría de reunificación familiar, comparado con un promedio de 47,000 por año en la última década.
El incremento de solicitudes en los últimos años ha desplazado los plazos de tramitación cada vez más lejos.
En el 2015, 70,000 solicitudes se recibieron bajo la categoría reunificación familiar, con solo 48,000 cupos asignados. A principios del 2016, los tiempos de espera para las demandas realizadas desde Canadá estaban en 26 meses, y 18 meses para las aplicaciones desde fuera del país.
Las medidas que presentamos a continuación fueran tomadas para reducir estos tiempos de espera:
Aumentar los cupos para los cónyuges, parejas y dependientes bajo los números anuales de inmigración, pasando de un promedio de 47,000 en los últimos 10 años a 64,000 en el 2017. Si los cupos están allí, los casos pueden ser procesaos más rápidamente.
Aumento de la financiación que permita abordar la acumulación y acelerar el tiempo de tramitación. El gobierno destinó un extra de $25 millones a IRCC para ayudar a alcanzar la meta. Se duplicó el número de casos procesados por mes y seredujo el atraso de pre-junio 2016 al 26 por ciento.
Proceso simplificado de las aplicaciones para los candidatos de inmigración. Un proceso de aplicación modificado que requiere que los solicitantes entreguen todos sus documentos por adelantado, cuyas aplicaciones se les retornará en caso de estar incompletas. Documentos como los antecedentes criminales y los chequeos médicos se irán entregando por etapas previamente.
Compromisos de tramitación reducidos a 12 meses. IRCC plantea que procesará el 80 por ciento de las aplicaciones que se encuentran actualmente en el sistema en un plazo de 12 meses a partir de la fecha en que fueron recibidas, sin importar si las solicitudes se realizaron desde Canadá o fuera de dicho país. Se prevé que el otro 20 por ciento estará incluido en una categoría más compleja donde se requiere que el solicitante aporte más información. Los tiempos de tramitación para estas solicitudes dependerán de la rapidez con que se reciba la información solicitada.
IRCC también ha persistido en extender el Programa Piloto de Permiso de Trabajo para Cónyuges el cual permite que los cónyuges o parejas que están sujetos a una solicitud trabajen y vivan en Canadá mientras esté siendo procesada.
Detección de Matrimonios Fraudulentos
Las autoridades de inmigración esperan encontrar un equilibrio entre mantener la integridad del programa de reunificación familiar y reducir los tiempos de procesamiento.
“Todos las solicitudes continuarán recibiendo un control completo de seguridad, criminalidad y médico,” afirmó IRCC.
“El departamento toma muy en serio los matrimonios fraudulentos y cuenta con mecanismos en el lugar para detectarlos y ubicarlos. IRCC se centra en la detección del matrimonio fraudulento en la etapa de otorgamiento de visa y confía en la experiencia y la pericia de sus funcionarios para detectar un posible fraude matrimonial.
“Si se obtiene alguna evidencia durante el proceso de apadrinamiento que arroje que el matrimonio es por conveniencia, entonces la demanda de residencia permanente será rechazada.
“En los casos donde se obtiene suficiente información sobre algún individuo involucrado en un matrimonio fraudulento, después que éste haya obtenido el estatus de residente permanente, IRCC y el Organismo de Servicios Fronterizos de Canadá deberán investigar, lo cual podría dar como resultado la pérdida de la residencia permanente para la persona apadrinada, o para la persona que apadrina si esta última es residente permanente y por voluntad propia participó en el fraude”.
Estos esfuerzos son parte de una amplia medida de cambios en el programa de reunificación familiar que el gobierno prometió durante la elección general del 2015
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Several of the world’s leading countries could copy Canada’s private refugee sponsorship program following its success in bringing in thousands of Syrian refugees.
Nearly 14,000 Syrians were privately sponsored between November 4, 2015 and December 19, 2016, as Canadians responded to a growing crisis caused by a bitter civil war in the Middle Eastern country.
Officials from Argentina, Australia, Brazil, Britain, Chile, Germany, New Zealand, and the U.S. attended a conference in Ottawa in December aimed at learning how the model works, and how it could be applied in their countries.
Private sponsorship has been used here since the 1970s, but shot to prominence as Canadians lined up to help Syrians over the last year.
Canada’s attitude to welcoming Syrians was lauded around the world in late 2015 and throughout 2016, as the federal government made good on an election promise to bring in 25,000 refugees by last February.
Syrian Refugees Arrived in Canada Since December 10, 2015
|Blended Visa Office-Referred||3,877|
Source: Government of Canada
The overall figure now sits at 38,713 as the process continues, albeit at a slower pace.
As other countries, including Britain and the U.S., have been gripped by support for anti-immigration, protectionist policies, Canada has become a beacon for exactly the opposite attitude under Prime Minister Justin Trudeau.
However, the process of welcoming and integrating such a wave of refugees has not been without its problems and challenges.
The government recently announced it will limit the number of private sponsorship refugee applications it receives for Syrians and Iraqis to 1,000 in 2017, as it looks to clear the backlog already in the system.
The limit will apply to both Groups of Five and Community Sponsors, according to a new public policy from Immigration, Refugees and Citizenship Canada (IRCC).
The move comes following complaints from private sponsors with applications already in the system and families ready to move, that they have been left waiting for months and years for the paperwork to be processed.
Once the backlog is cleared, the target processing time will be 12 months.
While the move will mean less new applications are received in 2017, IRCC hopes it will mean the paperwork will be processed more quickly.
As the anniversary of the arrival of the first Syrians to Canada went by in December 2016, the early newcomers without jobs began claiming via provincial social benefits channels instead of refugee-specific funds.
The reality is setting in concerning the difficulties of integrating into a new life and, most importantly, entering the workforce.
“Those of us who were at the airport that day with Prime Minister Trudeau will never forget the moving experience of welcoming Syrian newcomers with warm hearts and winter coats,” said Immigration Minister John McCallum on the day of the anniversary.
“Millions of Canadians were equally moved as they followed media coverage of the event, and over the past year, they have enthusiastically greeted the arrival of resettled Syrian refugees in communities from coast to coast to coast.
“Canadians from all walks of life joined in what was truly a national project to resettle Syrian refugees. Every effort, big and small, from volunteers, service providers, sponsors, corporate Canada and so many others, combined to make an enormous difference.”
The government admitted in October that the number of Syrian refugee children arriving in the last year came as a surprise.
McCallum said the large number of children ‘was not completely anticipated’, with schools especially struggling to cope with the influx of new students.
Teachers in New Brunswick were overwhelmed by the sudden influx of Syrian refugee students in early 2016, leading to chaos in some classrooms, according to a report.
Schools were not prepared for new students who hadn’t been educated regularly for years, did not speak English and came from war-torn areas of the Middle East.
The result was a whirlwind of poor behaviour, bullying and problems surrounding gender roles as teachers were left to deal with a difficult adjustment phase often without the help of translators.
School staff said they had no idea how many students would be arriving meaning preparation was impossible and all teachers could do was react to the situation as it developed.
Extra funding to hire more staff eventually alleviated the problem.
The plight of Canada’s temporary foreign workers and the businesses that employ them has been a regular agenda item of the federal government throughout 2016.
The Temporary Foreign Worker Program inherited by the Liberals from the Conservatives appeared to frustrate everyone – from workers, to employers and human rights campaigners.
Throughout the year, Immigration Minister John McCallum and his team at Immigration, Refugees and Citizenship Canada have been assessing what changes were needed to make the program more suited for its purpose.
The aim was to achieve the difficult balancing act of fulfilling the needs of businesses while not giving away jobs to foreign workers brought in from abroad that Canadians could be hired to fill.
Did You Know?
Both Immigration Minister John McCallum and Prime Minister Justin Trudeau have used the TFWP in their personal lives, the former to hire a caregiver from the Philippines for his 92-year-old mother, and the latter to bring in two nannies for his children.
A Standing Committee report into the TFWP, delivered in September after a series of hearings in which all stakeholders were allowed their say, made 21 recommendations for improvements that should be made.
The government’s main point of action has been to abolish the four-in, four-out rule that limited the total amount of time workers could remain in Canada under the TFWP. More changes are expected in 2017.
In this report, immigration.ca looks back on a year of evaluation of the TFWP affecting temporary workers in Canada.
Early 2016: Frustrations With TFWP
A key challenge of the TFWP is maintaining workers’ rights while delivering a program intended to bring them to Canada temporarily, and at the same time ensuring no Canadians are losing out on employment opportunities.
One of the main issues with the program is the power this gives employers over employees, especially those on employer-specific contracts. There have been many reports of temporary workers reluctant to raise complaints against an employer because of that power.
Reports have included workers working seven days a week without overtime, or being housed in poorly maintained accommodation. Avenues to complain exist, but go unused with workers fearing they will lose their jobs and be sent back to their home countries.
Elsewhere, backlogs with provincial nominee programs, particularly Alberta, saw temporary workers reach the four-year time limit before applications for permanent residence were processed, forcing them to return to their home countries or become illegal.
High-profile cases of abuse of the TFWP saw the Conservatives impose some strict limitations on use of the program in sweeping 2014 reforms. The reforms created the International Mobility Program and raised the cost of a Labour Market Impact Assessment (LMIA) – the process of assessing whether a Canadian is available to do a job – from $250 to $1,000. Further changes saw caps put in place designed to eventually reduce the number of foreign workers to 10 per cent of a company’s workforce. The Conservative changes saw the numbers of temporary workers in Canada dramatically reduced, from almost 120,000 in 2013 to under 75,000 in 2015.
As a result of the changes, and particularly the caps, businesses including meat processors in Alberta and fish cleaning plants in the maritime provinces could no longer operate at full capacity – no Canadians wanted the jobs and caps meant they could not bring in workers using the TFWP.
Mid-2016: Federal Government Relaxes Caps
The Liberals relaxed the planned 10 per cent cap ahead of July 1, 2016, when it was due to be imposed. The government recognized employers were already struggling to fill positions with the cap at 20 per cent, and decided not to reduce it further. In reality, the relaxation of the cap came too late for many businesses who had already made the necessary adjustments in anticipation of the caps being imposed. Many were left back at the start of the hiring process after laying off foreign workers.
Summer 2016: Standing Committee Review
Throughout the summer, a government Standing Committee conducted a review of the TFWP and how it could be changed to solve some of the problems experienced by workers and employers. The committee heard from a number of stakeholders in conducting the review, although it also faced criticism for not being thorough enough on what is a crucial program for Canada’s economy. One of the key aspects of the review was whether temporary workers should be given a pathway to permanent residence, an issue that polarized opinion.
September 2016: Standing Committee Recommendations
The committee found it difficult to attain balance in its recommendations for TFWP. It stopped short of recommending a direct path to Canadian permanent residency for all temporary workers, which would have been untenable.
It did imply there was scope for more temporary workers to become permanent residents, especially those who have integrated into Canadian society and are fulfilling a labour market need. It is right to remove some of the barriers to permanent residency that exist simply because of the way the Canadian immigration system is structured.
All 21 Standing Committee recommendations are listed below. For full analysis, click here.
Extend work permits for caregivers in the low-wage stream from one to two years.
Review the LMIA application process with a view to increasing speed and efficiency, and taking into consideration the National Occupation Classification as well as the adequate allocation of resources towards training and meeting service standards.
Implement a Trusted Employer Program with the objective of reducing LMIA processing times for employers who have demonstrated trustworthiness in their use of the TFWP.
Review the policy with respect to foreign faculty members currently employed or seeking employment with a recognized Canadian academic institution, whose employment is currently dependent upon a LMIA, with a view to providing exemptions or accommodations for this class of foreign nationals.
Allow minor modifications to contracts between TFWP employers and employees with regards to the nature of the work and increases in wages if both parties consent, the changes do not disadvantage the worker, and Employment and Social Development Canada is adequately informed of any changes in short order. The changes must not violate the spirit of the job description.
Restructure the TFWP such that it achieves better overall economic and social benefit for Canadians and program participants. Re-establish the TFWP into more specific program areas and streams that adequately reflect the realities of labour market needs in Canada.
Study the impact of expanding the definition of primary agriculture as found in the Immigration and Refugee Protection Regulations.
Review and improve mechanisms in which migrant workers are brought into Canada to fill both temporary and permanent positions, preventing the use of the Temporary Foreign Worker Program to satisfy permanent labour needs.
Provide an exemption on the Transition Plan requirement for 5% of a business’s workforce that consists of high-wage temporary foreign workers.
Implement measures to ensure appropriate training and education resources are allocated in those fields most likely to present labour and skills shortages. Also, that appropriate apprenticeship targets be included as a requirement of the Transition Plan for employers to ensure they meet their recruitment and training obligations for Canadians.
Monitor labour market needs as to ensure skills, training, and educational output match Canada’s current and future employment needs such that reliance on foreign labour diminishes, and invest in better collection and retention of labour market information in Canada to adequately assess labour market needs.
Set the cap on the percentage of temporary foreign workers a business can employ at a minimum of 20 per cent, and further review sector and geographic considerations.
Take immediate steps to improve the collection of labour market data and review the geographic zones used for determining unemployment rates, with a view to aligning the labour market conditions of more localized economies with the requirements of the TFWP.
Take immediate steps to eliminate the requirement for an employer-specific work permit; provided that it implement appropriate measures to ensure temporary foreign labour is only utilized within the existing provisions of the LMIA process, including sector and geographic restrictions.
Provide multiple entry work visas for temporary foreign workers employed in seasonal work, with the objective of allowing these individuals greater mobility during off-seasons; that when a work visa is extended, the multiple entry visa must also be extended so workers can continue to enter and leave Canada.
- a) Review the current pathways to permanent residency for all temporary foreign workers, with a view to facilitating access to permanent residency for migrant workers who have integrated into Canadian society and are filling a permanent labour market need.
- b) Allocate adequate resources to allow for the timely processing of permanent residency applications for those migrant workers that are hired under the TFWP.
The IRCC should work with provinces, territories and other government departments to increase information sharing to create more harmonization with immigration and nominee programs to function in collaboration with one another. That these efforts aim to reduce duplication of work benefitting both the government and applicants.
Amend the Immigration and Refugee Protection Regulations to remove the relevant provisions with respect to the “cumulative duration” rule.
Reform the Express Entry program to allow for fixed-term employment contracts to be allocated the same number of points as permanent work contracts, where there is a strong likelihood of continued employment.
Review current monitoring and enforcement mechanisms, with the objective of addressing gaps in employer compliance and the protection of migrant workers’ rights. In addition, an effort shall be made to move away from a complaint driven model of program enforcement. The review shall take into consideration the following specific measures:
- a) Increase resource and information sharing with provinces and territories.
- b) Increase frequency of on-site inspections while temporary foreign labour is being used.
- c) Creating an accreditation system for recruiters, which requires compliance with TFWP rules and from which employers could exclusively select.
- d) Establish a dispute resolution mechanism for migrant workers when conflict with an employer arises.
- e) Ensure, through on-site inspections, that labour laws and regulations are properly enforced where migrant workers operate
- f) Guarantee that any workplace injuries that require immediate attention be granted emergency care where deemed necessary in Canada.
Establish measures to ensure incoming migrant workers and their employers are informed of their rights and responsibilities under TFWP, including dispute resolution and abuse reporting procedures, as well as information on wages, benefits, accommodations and working conditions. This information should be provided in the language of preference of the migrant worker.
December 2016: Initial Action From Federal Government
- The four-in, four-out rule was scrapped with immediate effect, as recommended by the Standing Committee. Under the rule, temporary workers who had been in Canada for four years became ineligible to work here for the next four years.
Immigration Minister John McCallum said at the time: “In many ways, the four-year rule put a great deal of uncertainty and instability on both temporary workers and employers. We had the sense that it was an unnecessary burden on applicants and employers, and also on officers who process applications. We believe this important recommendation from the committee requires rapid action.”
- A work force cap of 10 per cent was maintained for employers who began using the TFWP after June 20, 2014. For those using the program since before that date, the cap was set at 20 per cent. The Standing Committee had recommended the 20 per cent cap be imposed across the board. The exemption on the cap for seasonal industries seeking temporary foreign workers for up to 180 days during the 2017 calendar year was extended until December 31, 2017.
- Low-wage employers will be required to advertise positions to under-represented groups including young people, those with disabilities, Indigenous people and new immigrants, ensuring Canadians are not losing out on opportunities. These changes are yet to come into effect, with the government saying it will notify employers when they do.
December 2016: Changes Welcomed
Unions and employers welcomed the initial changes. The United Food and Commercial Workers Union (UFCW), plus Canada-wide businesses in a variety of sectors, said the changes would help improve worker rights and help companies get the staff they needed to operate at full capacity.
Electronic Travel Authorisation (eTA)
Canada also found time to implement the Electronic Travel Authorisation (eTA) in 2016, after extending the leniency period as travellers said they were unaware of the new rules.
All travellers from visa exempt countries are now required to get an eTA before they travel to Canada by air, including those passing through.
Importantly, the change also meant Canadians with dual citizenship would now have to use their Canadian passports to fly here, a section of the new policy that caused particular confusion.
There remains a special authorization system in place for those caught out over the holidays. For more information, click here.
Technology Sector Announcement
Following repeated feedback from the technology sector saying processing times were too long for bringing in top talent, the government has announced its plan to introduce a Global Skills Visa early in 2017.
The new plan is to allow companies that qualify to get visas and work permits approved inside two weeks as standard. Under the current system, the minimum processing time is six months.
Planned changes will also see the creation of a 30-day work permit that can be spread across a year, meaning companies can bring in workers for short stints without the need to apply for new paperwork each time.
The visa may not only apply to the technology sector, with a recent indication it could also include target businesses that are granted access by the federal government. This is one area to look out for in 2017.
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