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[EDITED VERSION IN THE HARSH REALITY OF OCT 12]

Oct 11, 2017. Today is the day the new citizenship law comes into force. Sometime in the dead of last night, the IRCC elves uploaded the new forms and checklists to the website. [EDIT: It turned out that the IRCC elves were half asleep (or just messing with us) when they uploaded the forms online in the wee hours of Oct 11. So once typed, the forms could not be printed. This wasn’t corrected until about 3pm Atlantic time.]

Under the new rules, you must live in Canada for 3 out of 5 years as a permanent resident to qualify for Canadian citizenship. If you have also lived in Canada temporarily during those 5 years, each temporary day counts for half of a full day, up to a maximum of 1 year. So for example, if you were here as a student for 2 years, then became a PR, you can apply for citizenship after just 2 years living here as a PR within that 5-year window.

If you are between 18-54, you have to show proof of English or French language ability, you have to provide proof of filing CRA income tax returns and police clearances for any country you have lived in outside of Canada during the 5-year window. There is now an option on the forms to change sex designation.

The biggest surprise to me is the application fee is still $630 for adults and $530 for minors*. It used to be $200. I was hoping that with the new rules, there would be a renewed benevolence on the fee issue, to ensure citizenship is not cost-prohibitive. Sadly, that didn’t happen. [EDIT: it’s actually $100 for minors applying with an adult. The $530 is for minors who are applying for citizenship alone.]

We have a pile of applications waiting to be assembled and a courier heading to Cape Breton this afternoon to deliver them to the IRCC Case Processing Centre in Sydney. [EDIT: IRCC’s external (and apparently also internal) computer system crashed badly yesterday. Nevertheless, we still made the courier deadline and sent our first package of applications to Sydney at 4:30. I had a quick word with the applications before they left the building. Godspeed guys, and good luck in Sydney.]

First giant coffee of the day is finished.

Here’s to being good-busy.

[EDIT: But next time, let’s try not to have a heart attack.]

So much has been going on here at North Star Immigration Law that my head is spinning. We are expanding to a bigger space in a few months, have hired a new articling clerk and are in the process of a website revamp. To all the people whose calls I haven’t returned in the past few weeks – my apologies, I am getting to you!  But all of this pales in comparison to the changes afoot in immigration law and policy.

The new permanent residence process for spouses of Canadians is in full swing, and the reason I know this is that the lawyers in our office who deal with these applications are often seen pounding their heads on their desks trying to “link up” the application to the online system, as required. What was supposed to make things simpler has turned out to be a massive pain with more steps, more minefields and more opportunities for mistakes. But who ever said love was easy?

Speaking of love, I am feeling very sad for the 85,000 disappointed candidates who did not get selected in the parent sponsorship lottery. The lottery was hastily put together in mid-December. It was ill-thought out and it is going to create headaches for IRCC for months – if not years – to come. None of our clients (who qualified to sponsor their parent(s)) were selected. Worse, most the people who were selected and have consulted us for help with the forms do not actually qualify, so won’t make it through the program. So it will be interesting to find out how many of the total 10,000 drawn are actually qualified to sponsor? Psst…IRCC – how about next year making the questions more specific to ensure no one puts their name in the hat without actually meeting the requirements? Just a thought.

In other news, the age of dependents will go up to 22 on October 24, 2017, with some transitional provisions. This is great news for a lot of people.

The citizenship rules will also change in terms of requirements to qualify for a grant of citizenship and, as of the Federal Court’s decision yesterday, revocation proceedings. To put it politely, citizenship rules are still in flux, and will be for the foreseeable future.

Meanwhile, as the Parliamentary Standing Committee on Citizenship and Immigration for the Study on Immigration Consultants is underway, the new Atlantic Immigration Pilot Program (AIPP) has completely cut representatives out of this new program, which is being hailed as the be all and end all solution of Atlantic Canada’s immigration problem. Which is weird because there’s a rule that representatives must be authorized and disclosed (i.e. see s. 91 or IRPA or  “Concealed Representatives”). Under the AIPP, if clients or employers want to hire us to assist them, we are relegated to ghosting on the files only  – the NS Office of Immigration only communicates with the employers and applicants – there is no where we can even disclose ourselves as legal reps.

So that’s the round-up.

Yeehaw?

Immigration and refugee policy had been conspicuously absent from the Canadian campaign trail until last week when, on a day when many children were heading back to school, the body of 2-year-old Syrian Alan Kurdi washed up on a beach in Turkey. He had drowned with his mother and brother while trying to cross the Mediterranean in a dinghy.

There has been a lot said and written in the last few days, and more to come, to be sure. Lots of blaming. Lots of politicizing. Lots of hand-wringing.

Obviously the displacement of hundreds of thousands of Syrians (not to ignore other chronically displaced populations such as Eritreans, Afghanis and Iraqis) is a complicated problem. No one is going to solve it in one Tweet. But for those paying even peripheral attention to the situation in Syria, it was a slow-mo train wreck. And the dust hasn’t even started to settle.

Countries such as Lebanon, Turkey and Jordan are shouldering a disproportionate burden of the displaced populations. Meanwhile the Gulf States, masters at doing nothing to pick up any slack or provide anything other than token funding and marginal lip-service, haven’t stepped up in the slightest. No surprise there, as they have become really good at not helping the most perpetually displaced population on the planet: Palestinians. And it’s been decades. But you know what? That’s on them. It’s no excuse for the rest of the world to do nothing.

When I was in Malta in 2012, I couldn’t help but notice that, right there, in the middle of the Mediterranean, the population was strikingly ethnically homogenous. Where were the Somalis? Where were the Iraqis? I didn’t get it. And yet, the local newspapers had a lot of opinion pieces about the “threat” of “migrants” from Africa. I wondered where the fear was coming from.

Eventually, it was explained to me by the locals: Historically, the EU paid Libya to police the Mediterranean, and intercept refugees and migrants, returning them back to Africa via (no doubt) horrific methods and treatment. Libya wasn’t a signatory to any UN conventions on human rights and could “clean up” the Mediterranean with impunity. And in fact, be paid to do so.

This is one of the most shocking things I have ever heard, and there isn’t a lot of proof of it, so I hope my understanding is wrong or exaggerated, but that is how it was explained to me. Once Gaddafi’s regime fell, there was no one to do the EU’s dirty work. And once Gaddafi was gone and there was little structure left in Libya, it stopped with the rendition model and became all about the smuggle.

By 2012, the fear of large migrant populations had made it into the collective conscience in Malta.

Cut to 2015.

By this spring, the increasing numbers of people ending up on the shores of Greece and Italy has become a crisis. The UN’s special rapporteur on the human rights of migrants was interviewed in the Guardian and had these words, which resonate very sadly today:

We should do for the Syrians what we did 30 years ago for the Indochinese, and that’s a comprehensive plan of action where all global north countries – and that includes Europe, Canada, the US, Australia and New Zealand and probably other countries – offer a great number of Syrians an option so that they would line up in Istanbul, Amman and Beirut for a meaningful chance to resettle, instead of paying thousands of euros only to die with their children in the Mediterranean.

[Around the same time, Citizenship and Immigration Canada issued a press release boasting that it had finalized its first set of permanent residence applications under Express Entry in less than 3 months.]

The problem with the #refugeecrisis today is that there is a massive bottleneck in processing overseas applications, to the point of paralysis. Group of 5 Sponsorship applications take years to finalize and require near-impossible documentation. The processing centre in Winnipeg is taking months just to open the envelope and enter the application into the system to begin processing. If you have missed a document, the application will get returned to you unprocessed and you have to resubmit anew. By then, the immigration forms will have changed, meaning new signatures and updates have to be prepared, just to get the thing placed into the queue. And private sponsorship is no substitute for what the government can and ought to be doing.

Compounding the problem is that Canada has clearly dropped the ball on its plans to offer asylum to Syrian refugees. Instead of taking meaningful steps to inform Canadians and fix the problem, our Immigration Minister has chosen to deflect blame and criticize the media and other political parties. It has been profoundly disappointing to see a seasoned diplomat, who served in Afghanistan, and who is rumoured to be smart, principled and competent, react with more vitriol than compassion.

Worse, we still don’t know the numbers. As of writing, there have been no recent updates on the CIC or Government of Canada website on exactly how many Syrians are being processed and have actually arrived in Canada in 2015. Incidentally, there is an update of September 2, 2015 regarding Canadian military operations in Syria. So it’s not like the government is too busy to post updates on what it’s up to overseas.

There are quite a few suggestions floating around on what Canada can do to expedite processing and bring people here faster. Calgary immigration lawyer, Raj Sharma, makes some good suggestions on how the overseas process can be streamlined. Others recall how Vietnamese and Kosovar refugees were brought to Canada and processed inland, rather than languish years overseas while the paperwork is finalized. Why can’t we fly a few military planes of refugees to Greenwood like we did in 1999?

Finally, perspective is important. The world is mostly a peaceful place. And people are mostly healthy, educated, safe and protected. So there is plenty of room for compassion and aid. When faced with a crisis of this magnitude and geographic breadth, Canadians feel generally helpless.

What can we realistically do? Do we really believe that some of those people who risked their lives in rubber dinghies may be extremists who have gambled that they won’t drown in the Mediterranean and will be granted entry to a northern/western country only to turn rogue and attack us? Or are we prepared to offer safe haven to our fair share of the most vulnerable?

My humble suggestion is that we err on the side of informed generosity and global responsibility.

And do it quickly.