This year, Canada is introducing two new immigration pathways for residents of Hong Kong willing to work or study in Canada. Also, the Canadian government is putting new measures in effect for asylum claimants.
On November 12, 2020, an announcement was made by Immigration Minister Marco Mendicino; these new initiatives will be implemented in the 2021-2023 Immigration Levels Plan.
Moreover, these measures back Canada’s commitment to keeping the connections with Hong Kong to respond to the national security law implemented by the Chinese government on June 30, 2020. This law interdicts “secession, subversion, terrorism, and collusion with foreign force” and broadly defines these crimes that compromise human rights and freedom.
The minister also announced that processing times would be expedited for all documents that Canadian citizens and permanent residents staying in Hong Kong may need to return to Canada. Furthermore, family members of Canadians are exempt from current restrictions and may travel to Canada; however, they must stay quarantined for 14 days after landing.
Currently, Hong Kong has the largest Canadian community, with nearly 300,000 Canadians staying in the country.
Canadian government brings two new pathways for Hong Kong residents
Canada is speeding up the processing times of applications for eligible Hong Kong residents willing to move to Canada for work or study.
Immigration, Refugees and Citizenship Canada (IRCC) will also grant a new open work permit to graduates from Hong Kong. The validity of these permits will be up to three years; meanwhile, the candidates can gain work experience, and then later, they can apply for Canadian permanent residence. These candidates can apply through the existing immigration pathways, including the Express Entry system, or submit an application through one of the new immigration pathways specifically designed for Hong Kong residents.
The eligibility for this open work permit of a candidate will be determined on the basis of his or her post-secondary education completed in the last five years (either abroad or in Canada). If eligible, then dependent children, spouse, and a common-law partner can also apply for a study or work permit. Furthermore, the government of Canada has not stated any date confirming the launch of the program; however, they have confirmed in a media release that the program is expected to launch soon.
These two new pathways for Canadian permanent residence will be available this year. The first pathway will target former Hong Kong residents who hold a minimum of one year of Canadian work experience and meet minimum levels of language and education. The second pathway will be for candidates who have completed their graduation from a Canadian post-secondary institution, and they can directly apply for permanent residency.
Moreover, the candidates under both of these pathways can add their inland partners, spouses, and dependent children to their application.
Canada has been rushing through the processing of applications for eligible Hong Kong youth willing to work or study in Canada.
Initiatives for asylum claimants from Hong Kong
Considering the fact that peaceful protests are not criminalized in Canada, people who are arrested for protesting will not be denied stating inadmissibility as the factor.
Canada is implementing a waiver to the 12-month timeline bar on the pre-removal risk assessment for the residents of Hong Kong. These assessments identify the risk an individual will be exposed to if they return to their native country. Usually, refugee claimants whose claims have been refused cannot reapply for a minimum of one year from the decision date. With the effect of this waiver, a few such candidates may meet the eligibility to apply for another assessment prior to getting deported from Canada.
Hong Kong residents and other foreign nationals staying in Canada have access to the asylum system. The eligibility of asylum claims is evaluated on the grounds of individual merits, and evidence demonstrated to Canada’s Immigration and Refugee Board.
Moreover, Hong Kong residents who are vulnerable to abuse and victimization and have fled to another country may be eligible under different resettlement programs offered by Canada, including:
- The Government’s Refugee Assistance Program
- The Private Sponsorship of Refugees
Additional initiatives for Hong Kong residents
One of the additional and significant initiatives taken by the Canadian government is that the Hong Kong residents applying for their stay extension are currently exempt from the application processing fees.
The federal department of Immigration, Refugees and Citizenship Canada (IRCC) are focusing on the promotion and recruitment measures to lure Hong Kong youth to study in Canada. Moreover, the immigration department will resume the processing of applications for Hong Kong residents under the International Experience Class (IEC), which was halted due to the coronavirus outbreak. Also, even with the travel restrictions in effect, Hong Kong residents can travel to Canada if they have a job offer.
The department of IRCC will also encourage bringing parents and grandparents to Canada by promoting super visas. Through super visas, parents and grandparents of Canadians can visit them multiple times (for a maximum duration of up to two years in one visit) over ten years.
Undoubtedly, Canada has allocated the necessary resources to expedite the processing of permanent residence applications, including those for family sponsorships. Also, spouses and common-law partners (of the candidates applying for permanent residence in Canada) can apply for an open work permit.
