By Catherine Sas, K.C.
Special to The Post

The delivery of Canada’s immigration program is a shared responsibility between Canada’s Minister of Immigration Refugees and Citizenship (IRCC), the Honourable Marc Miller and the Minister of Public Safety and Emergency Preparedness, the Honorable Dominic Le Blanc as is set out in Section 4 of the Immigration, Refugees and Protection Act (IRPA).

While immigration officers process the majority of immigration applications, Canada Border Services Agency (CBSA) officers often deliver immigration services at Canadian ports of entry and are an integral part of Canada’s immigration program. Individuals may obtain visitor, study and work permits at a port of entry as well as become permanent residents of Canada.

It is essential to the smooth delivery of immigration services that all officers, both IRCC and CBSA, are properly trained and familiar with Canada’s immigration program to ensure that people are able to obtain the status that they are seeking in a timely fashion. When programs and systems are introduced in rapid succession, such has been the case for the past many years, such training often does not take place resulting in hassle and inconvenience for prospective immigrants. It also results in a waste of precious human resources which equates to increased costs to Canadian taxpayers in the delivery of Canada’s immigration program. Let’s take a look at some real-life case examples!

Jose-Luis is a Mexican citizen seeking to obtain permanent residence in Canada as an entrepreneur through a PNP program. He has been in Canada since November 2021 with a valid work permit and has invested a significant amount of money to establish a business and hire Canadians. On February 29, 2024, the Minister of Immigration re-imposed a visa requirement on Mexican nationals such that they can no longer travel freely in and out of Canada without a visa. For more information, please refer to our blog on  March 12, 2024 - The immigration game has changed for Mexico.

In addition, on June 21, 2024, the Minister announced that temporary applications could only be processed at major border crossings on Monday to Thursday from 10 am to 4 pm. (https://www.cbsa-asfc.gc.ca/travel-voyage/settle-setablir-eng.html)

Jose-Luis’ work permit expired on Canada Day - July 1, 2024.

Prior to the expiration of his permit, we prepared a work permit application for him to present at a Canadian port of entry on Thursday, June 27, 2024, at 10 am. When he arrived with his work permit application, a CBSA officer got angry with him and told him that the 10 am to 4 pm time frame was merely to set an appointment that would be scheduled weeks ahead. He was further advised that he had to apply from within Canada for the extension of his work permit. This is incorrect. Having spent several hours travelling to the border with a US visa, a lawful Canadian work permit and a new work permit application, he was turned away by a hostile CBSA officer who gave him incorrect information.

What was Jose-Luis to do in these circumstances? As a businessman with Canadian employees, he needs a valid work permit AND he frequently travels for work. He also had travel plans with his children for their summer vacation such that he could not remain in Canada for the three to six-month processing time for an inland work permit application. So in order to allow him to continue to work in Canada for only two weeks, we prepared and filed an inland work permit extension application knowing that Jose-Luis would be departing Canada prior to any officer reviewing this application. It is clearly a waste of time and effort on his part and that of the Canadian immigration officers who will ultimately review this in-Canada application.

If Jose-Luis returns to Canada and waits for the processing of his work permit application, he will not be allowed to work upon his return. In order to be permitted to work while his extension application is in process, he must remain in Canada continuously. Knowing that he was going to Mexico to see his family for their summer family vacation, we prepared and submitted a THIRD online work permit application. Following their family vacation Jose-Luis will remain in Mexico with his family until such time as his new work permit is approved such that he can return to Canada to run his business.

Clearly this is a waste of resources. Jose-Luis followed the instructions set out by the Minister and went to a Canadian border during the Minister’s prescribed times to obtain a new work permit prior to the expiration of his work permit. The CBSA officer sent him away refusing to process the application necessitating two further work permit applications given Jose-Luis’ particular circumstances.

Another case in point is that of Maria, also a Mexican citizen. Maria is an international student and completed a Master’s program in Canada following which she obtained a three year post-graduate work permit ( PGWP). When the Minister re-imposed the visa requirement for Mexican nationals, he stipulated that those persons in Canada with valid study or work permits would not require new Electronic Travel Authorizations ( ETAs) and that they would be free to travel on their previous ETAs. (ETAs are necessary for air travel for all countries except the US). Maria had to go to see her family in Mexico. When she went to confirm her ETA in early June 2024, she found that it had been cancelled (contrary to the Minister’s announcement). She applied for a new ETA which was not immediately issued ( they are usually issued within a matter of hours). She sent several webforms as did our office on her behalf. (A webform is IRCC’s preferred method of electronic communication designed to obtain speedy transmission of information and replies). Suffice to say that the webform system is grossly inadequate and she did not receive any reply prior to her trip on June 15, 2024.

As she could not delay her travel, she decided to travel to the US by car, and then take a flight from the US to Mexico and return in the same fashion. On June 17, 2024, she received confirmation that her ETA was valid after she had already travelled by car to the US. On Monday, July 8, 2024, she received another confirmation that her ETA was still valid more than a month from when she first communicated with IRCC and more than two weeks after she returned to Canada. This is a good example of the Minister’s announcements not being properly implemented necessitating multiple applications, including turning to MPs in many cases, in order to obtain the service that should be provided as a matter of course.

The lack of adequate service in the delivery of our immigration programs is a matter of public record. The Auditor General year after year provides a scathing report of the shortcomings of both IRCC and CBSA in providing immigration services. Applications are routinely backlogged and desperate clients are required to make numerous and repeated efforts to try and get through to a person who can inform them as to the status of their applications. This should not be happening in a first world country such as Canada.

To Canada’s Minister of Immigration, Marc Miller and Minister of Public Safety and Emergency Preparedness, Dominic Le Blanc: You have a joint responsibility for the administration of Canada’s immigration program. You need to ensure that your officers at all levels are property trained to deliver Canada’s immigration program in the most expeditious and effective means possible. The saying “haste makes waste” certainly rings true in the current delivery of immigration service and Canadians and prospective immigrants - both temporary and permanent - deserve better!

Catherine Sas, K.C. has over 30 years of legal experience. She provides a full range of immigration services and is a leading immigration practitioner (Lexpert, Who’s Who Legal, Best Lawyers in Canada). Go to canadian-visa-lawyer.com or email [email protected].