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Permanent residence

Criminality and Double Punishment

Resolution number
1
Whereas
  1. Some people commit crimes in Canada. Those who are citizens have one punishment. Those who are permanent residents or protected persons face additional punishments, including:
  • criminal inadmissibility (with or without a right of appeal);
  • loss of permanent resident status and deportation;
  • prohibition on applying for citizenship for a certain period of time.
  1.  People who arrived in Canada as minors, people from racialized communities, and persons living with mental health issues, and who never obtained citizenship, are disproportionately affected by this differential treatment, and may face deportation despite having lived in Canada for most of their lives; 
  2. Discretionary relief on humanitarian and compassionate grounds, while important, is not an adequate remedy;
Therefore be it resolved

that the CCR take the position that criminal inadmissibility should not apply to permanent residents and protected persons in Canada who have lived in Canada for at least three of the past five years. 

Working Group
Immigration and Settlement
Subject
Criminality
Permanent residence

Conditional Permanent Residence

Resolution number
1
Whereas
  1. The government of Canada is proposing to introduce a specified period of conditional permanent residence for some sponsored spouses and partners;
  2. Making permanent residence for the sponsored partner conditional puts all the power into the hands of sponsor, who may use the precarity of the partner’s status as a tool for manipulation;
  3. The proposed conditional permanent residency would represent a major step backwards in Canadian immigration policy, increase inequalities in relationships between spouses, and put women in particular at heightened risk of violence and exploitation;
Therefore be it resolved

that the CCR oppose conditional permanent residence for sponsored spouses and partners.

Working Group
Immigration and Settlement
Subject
Family reunification
Permanent residence

Landing delays for security reasons

Resolution number
13
Whereas
  1. There are Convention Refugees, particularly Iranians, who have applied for landing and had CSIS interviews but have had their landing held up for years in the Security Reviews in case management;
  2. They are unable to travel outside Canada, sponsor family or pursue post-secondary education;
Therefore be it resolved

That CCR request a meeting between CIC and the CCR and affected communities to discuss landing delays for security reasons.

Working Group
Inland Protection
Subject
Security inadmissibility
Permanent residence

Automatic permanent residence for Convention Refugees

Resolution number
12
Whereas
  1. Convention refugees have the right to apply for permanent residence;
  2. The processing of the application for permanent residence can take a considerable amount of time, during which Convention refugees are not accorded rights to which they are entitled under the 1951 Convention;
  3. The lack of these rights causes hardship to Convention refugees and their families;
Therefore be it resolved

That the CCR call on Citizenship and Immigration Canada to automatically land Convention refugees and their family members and dependants, whether inside or outside of Canada, in order for them to benefit from the rights acquired as per Canada's obligation under the1951 Convention.

Working Group
Inland Protection
Subject
Permanent residence

Permanent residence for persons from countries to which Canada does not deport

Resolution number
12
Whereas
  1. Citizenship and Immigration Canada maintains a list of countries to which Canada does not generally deport individuals from those countries;
  2. A significant number of people from those countries, who are subject to deportation, have now been in Canada for many years and have no avenue to resolve their situation;
  3. Living in this limbo situation causes great hardship and suffering, including long term separation from immediate family members;
  4. It is very difficult for persons in this situation to be accepted for permanent residence through the Humanitarian and Compassionate stream;
  5. This situation will continue to prevail after the implementation of the new Immigration and Refugee Protection Act (Bill C-11);
Therefore be it resolved

That the CCR write to the Minister of Citizenship and Immigration urging that a process be established which will facilitate the granting of permanent residence to all individuals who have been in Canada for more than three years and who are from countries on the list.

 
Working Group
Inland Protection
Subject
Moratoria
Permanent residence

Permanent resident card

Resolution number
6
Whereas
  1. The new permanent resident card is costing each immigrant from $50 - $300;
  2. Agency staff is spending inordinate amounts of time in completing these applications;
Therefore be it resolved

That CCR request

  1. CIC and, where appropriate, the provinces, to facilitate the process of enabling immigrants to obtain permanent resident cards as mandated under IRPA by providing adequate funding to agencies to:
    a) Assist immigrants to complete permanent resident card applications.
    b) Engage Notary Publics, Lawyers or commissioners to administer statutory declarations in support of permanent resident card applications at no cost to the immigrant.
  2. CIC to amend the regulations to simplify the requirements.
Working Group
Immigration and Settlement
Subject
Permanent residence

Processing fees

Resolution number
24
Whereas
  1. All protected persons, including children, applying as principal applicants for permanent residents must pay the $550 processing fee within180 days;
  2. This $550 fee is a significant and sometimes insurmountable barrier for many protected persons;
  3. In 1994 the CCR adopted a resolution condemning all cost-recovery fees for landing applications for refugees and their dependants;
Therefore be it resolved

That the CCR ask that the regulations be amended to waive the processing fee for all protected persons in Canada, consistent with the waiver of this fee for overseas protected persons.

Working Group
Inland Protection
Subject
Permanent residence

Delays in applying for permanent residence

Resolution number
11
Whereas
  1. There are many protected persons who delay in applying for landing beyond the 180 days because of their inability to raise the $550 cost recovery fee, or other valid reasons;
  2. The Minister of Citizenship and Immigration has not yet satisfactorily responded to the CCR request to eliminate the $550 processing fee for protected persons;
  3. The IP5 Guidelines state incorrectly that protected persons who apply late for landing and are being processed as humanitarian and compassionate cases, must meet all the normal admissibility criteria for immigrants, including medical, financial and identity document criteria.
  4. Protected persons who are being processed as H&C cases and who don’t have “satisfactory identity documents” are being refused landing.
Therefore be it resolved

That CCR request CIC to amend the IP5 Guidelines to correct this misunderstanding and to clarify that protected persons continue to be exempt from medical and financial criteria for landing and to benefit from other provisions to facilitate the landing of protected persons including special provisions for identity documents when the protected person is unable to obtain a passport to confirm identity.

Working Group
Inland Protection
Subject
Permanent residence

Right to permanent residence for migrant workers

Resolution number
4
Whereas
  1. Emphasis on temporary rather than permanent migration creates a class of vulnerable and disposable workers;
  2. Canada’s immigration program should be revised to ensure that those who are able and willing to fill labour market needs can qualify as immigrants;
Therefore be it resolved

That the CCR demand that all those with temporary work permits, in all the different classes, have the right to apply for permanent resident status at the same time as they apply for the work permit, and should have the right to bring family members as is currently being done in Ontario for the Provincial Nominee Program.

Working Group
Immigration and Settlement
Subject
Migrant workers
Permanent residence
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