Monday, June 23, 2014

Canada plans visa-exempt traveler screening

The federal government has published plans to create a screening program for travelers from visa-exempt countries; requiring them to obtain an electronic Travel Authorization (eTA) before coming to Canada. The plans, including proposed rule changes, were unveiled in the Canada Gazette on Saturday and are open to public comment until Aug. 2.

Under current immigration rules, temporary visitors, including study and work permit applicants, must obtain a temporary resident visa (TRV) before travelling to Canada unless they are citizens of exempted countries or other specified categories. The current country list includes the United States, United Kingdom and 43 other countries (primarily European and developed nations).

The TRV requirement compels travelers to complete application forms and submit documents, to allow decisions on their admissibility before coming to Canada. This pre-travel screening helps prevent the arrival of persons with criminal records, security and health issues, and those who there is reason to believe would stay in Canada indefinitely.

Visa-exempt travelers are not screened until they arrive in Canada, resulting in increased enforcement costs at entry points if they are found inadmissible. The government notes that in the 2012-13 fiscal year, 7,055 visa-exempt foreign nationals were found inadmissible, though it does not say how many of those were non-genuine visitors or U.S. citizens, whose removal would result in minimal added enforcement costs.

The ETA program will mirror a program already in effect in the U.S. (ESTA) (and is similar to one in Australia). Travelers could apply on-line or in writing for a $7 fee. If approved, the authorization will be valid for five years or until the applicant’s current passport expires. The eTA program will not apply to U.S. citizens and other specified applicants, including members of the Royal Family and accredited diplomats.

The government expects the program to cost $173.6-million to implement and carry out over ten years. User fee revenues are forecast at $162.3-million, with cost savings of $12.4-million in preventing inadmissible arrivals, for a net benefit of $1.1-million. It anticipates the program will not have any permanent effect on tourism to Canada.

The program is part of the North American perimeter security initiative with the United States and an example of the reaction to post-9/11 security concerns. Whether or not the added scrutiny provides further security against terrorism is debatable. What is certain is that the program adds to the cost of international travel and continues to play on fears, whether real or imagined.

William Macintosh started practising as an immigration lawyer in 1984. You can reach him for advice or help on any immigration or citizenship matter at 778-714-8787 or by e-mail at macintoshlaw@gmail.com.

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Friday, June 20, 2014

GOVERNMENT QUIETLY SETS AUG. 1 TO RESTRICT CHILD IMMIGRATION

Starting Aug. 1, 2014, parents may only sponsor children to Canada who are under 19 years of age. This also applies to any applicant for permanent residence, who wants to include their children in their application. Children over 18 years of age may only be sponsored or included in an application if they are dependent on the parent and unable to support themselves due to a physical or mental condition. The rule changes were published without any news release in the Canada Gazette on Wednesday.

The government had initially proposed these changes in May, 2013, to be effective Jan. 1, 2014. As I previously wrote, in late last December the Immigration Minister said the government had postponed a decision on the changes after many public groups had expressed opposition to the changes. Despite the opposition, the government has moved ahead with the changes. Like other changes to the rules, the government justifies it on economic grounds. It says that older children are less able to adjust to moving to Canada and do not have Canadian work experience  and education that is better recognized by Canadian taxpayers.

Applications to sponsor dependent children include sponsorship forms completed by a parent or parents, and the applicants complete application forms. Under the current rules, children under age 22 can be sponsored or included in an application. It also includes children over age 21 who are dependent and continuously enrolled in and attending a post-secondary institution approved by a government, and are actively pursuing a course of academic, professional or vocational training on a full-time basis.

Applications properly filed before Aug. 1, 2014, will be considered under the current rules. The applications have to be complete and in order. If anyone has concerns about the application process, they might consider retaining the services of an experience immigration lawyer or qualified immigration consultant.

William Macintosh started practising as an immigration lawyer in 1984. You can reach him for advice or help on any immigration or citizenship matter at 778-714-8787 or by e-mail at macintoshlaw@gmail.com.

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