Citizenship and Immigration Committee on Nov. 18th, 2024

[The Chair, Liberal, Sukh Dhaliwal]

Mr. McNamee, the time is up, so please provide a brief answer.

[James McNamee]

I want to thank the member for the question.

We chose to provide an option that gives these people access to their pension funds. We gave them the option of changing the information on their permanent resident card.

In some cases, people's applications have been rejected because of the codes on their cards. We use these codes to check the cards.

The option provided by the Department of Citizenship and Immigration gives us the opportunity to help people by adapting the policy. However, we can't change the code. We don't have the right to do so. Instead, we've given clients the option of changing the information on their permanent resident card.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you very much.

Now, we will go to MP Kwan for six minutes.

Please go ahead.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair.

Thank you to the officials for appearing before our committee today.

In an opening statement, it was said that the Government of Canada “stands...with the people of Hong Kong”. Special immigration measures have been implemented, part of which will extend temporary status for Hong Kongers.

Could the officials confirm that those who qualify under that program are provided with an open work permit, and therefore an LMIA is not required?

[The Chair, Liberal, Sukh Dhaliwal]

Mr. McNamee, go ahead.

[James McNamee]

I would say that's generally the case. If the work permit they obtained was originally connected to the public policy, that's correct. I don't know if that's the situation in all cases. In some cases, applicants may have had an LMIA-based work permit to begin with.

[Jenny Kwan, NDP, Vancouver East, BC]

That's right. However, under the special immigration measure, the LMIA is not required.

I have a list of applicants in those circumstances. Their work permit renewal application was rejected. They were asked to submit an LMIA, which makes no sense. I want to flag that as a deep concern now emerging for people whose open work permits are being rejected as they wait for their permanent resident status. At this rate, given the immigration levels plan numbers and the processing delays happening, and with the number of applicants in place, you can imagine that it's going to take something like eight years to get through the backlog of people getting their PR status. This means that if they are trying to get their pension, they will not be able to do so for eight years, because they are required to provide proof of permanent residence.

I want to flag this as a major concern. I hope the department will take action to fix the error being applied to applicants whose open work permits are being rejected under this stream.

Can I get a confirmation from officials that this will be undertaken?

[The Chair, Liberal, Sukh Dhaliwal]

Mr. McNamee, go ahead.

[James McNamee]

Yes, that issue has been raised with the department already, and we're looking into it to see what exactly happened in those situations.

[Jenny Kwan, NDP, Vancouver East, BC]

Okay. Officials are aware of it, and yet it's still happening. I have cases coming to me that are happening. I'm about to prepare a giant pile of this stuff for the minister, so I hope the officials will fix that.

The other thing related to the pension, of course, is lengthy delays for people to get their permanent status.

Based on the immigration levels plan and the number of applicants in place, is it the officials' anticipation that it will take about eight years to get those applications processed?

[The Chair, Liberal, Sukh Dhaliwal]

Mr. McNamee, go ahead.

[James McNamee]

We have looked at that possibility. Certainly, it will take longer than we had previously indicated to the committee. I would note that the first year of the levels plan is the fixed year. The years that follow, in this case, 2026 and 2027, are flexible. There are opportunities to adjust those numbers in the future, and that could affect that timeline. It's hard to say whether eight years will be the timeline, but it will be longer than had been originally predicted because the numbers have gone down.

[Jenny Kwan, NDP, Vancouver East, BC]

What's the projection of the officials for the timeline in which these applications would be processed based on what has been tabled by way of the immigration levels plan?

[James McNamee]

Overall, because we don't break down the specific targets for specific subgroups within the H and C and public policy categories, our estimates would be that it would take four years for those applications to be processed. That was our base estimate, but you're correct that, depending on where those numbers go, it could be longer or it could be less. I'm saying that only the first year of the plan is a fixed year, and plans can change and adjustments can be made.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much.

The government decided to table a rolling three-year immigration levels plan, so those are the numbers we're using, assuming that those are the numbers. Of course, in subsequent times, perhaps even a changing government may well adjust all of those things; we don't know. What we do know are the numbers that are before us, and based on my calculation, with the number of people who have applied, it's going to be at least eight years to get through the backlog. By the officials' calculation, it's at least four years.

For people who are desperate to actually get resources, is it reasonable that they won't be able to apply for their pension funds for at least four years?

[James McNamee]

We acknowledge that is a challenge, so we're looking at what we can do to help facilitate and expedite that process. The H and C category is oversubscribed. We have a lot of competing priorities, which include high priorities like other categories of people who we must process under the same space.

[The Chair, Liberal, Sukh Dhaliwal]

You have 30 seconds, Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much.

Yes, there is a desperate need in the global context of people who are displaced and who are fleeing persecution, and Canada wants to claim that it's doing its part, but it's not doing it in an effective way for people. Is it feasible for people to be in limbo for years on end without knowing what their status is? Meanwhile, they run into problems with respect to applications for jobs. For students who are under student visas, their fees are at least five or six times those of a domestic student. People who are trying to get their pensions will not be able to do so for years on end.

Is that a feasible way, and is it a reasonable thing for the Canadian government to say that they stand with the people of Hong Kong?

[The Chair, Liberal, Sukh Dhaliwal]

Thank you. Your time is up, but I will give Mr. McNamee the opportunity to speak.

[James McNamee]

To that, I would say that the primary job of that public policy was to enable people to leave Hong Kong and find the safety of Canada, and I think, by and large, that has been achieved. People have been able to come here, obtain temporary status and benefit from the protection of Canada, so from that score, I think it's been successful in doing so.

Yes, there are challenges with the transition to permanent residence, but in light of what the purpose was originally, which was to take them away from a situation of risk, that has been delivered, for the most part.

[The Chair, Liberal, Sukh Dhaliwal]

Thank you very much.

We will go now to Mr. Kmiec for five minutes.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Thank you, Chair.

Mr. McNamee, first of all, on this PR card change, I've never heard of this. When did this policy change?

[James McNamee]

From the outset, people have had the opportunity to modify their PR cards with the submission of a new document, be that a new passport—

[Tom Kmiec, Conservative, Calgary Shepard, AB]

I'm going to interrupt you. I'm going to ask a lot of rapid-fire questions.

Where did they submit that request?

[James McNamee]

We have information on our website to do that. It's a $50-process today, which we're looking to facilitate because of the situation.