Madam Chair, honourable committee members, fellow witnesses, ladies and gentlemen, good morning.
Thank you for the invitation to participate in this study of Bill C-242.
The Canadian Immigration Lawyers Association was founded under the Canada Not-for-profit Corporations Act on January 1, 2021, with the purpose of promoting the rule of law, access to justice and the development of Canadian immigration law and policy through legal research, education and related activities. CILA currently has over 400 members, including lawyers, students, academics and non-governmental organizations across Canada. A top priority for CILA is addressing the exclusion of legal counsel in Canada's immigration system. More information can be found at cila.co.
Regarding the amendments proposed by Bill C-242, there are diverse views among CILA members. We absolutely support programs that will streamline procedures and facilitate family reunification while maintaining the integrity of our immigration system and social systems, including health care. We strongly oppose abuse by agents and members of the public that would take advantage of our fair and generous immigration system.
Regarding the authorization of foreign health insurance, CILA acknowledges that additional competition in the insurance industry may benefit Canadian citizens, permanent residents and their parents and grandparents who apply for super visas. I did a bit of research and found that there are at least 30 companies in Canada selling private health insurance for super visas, so it may be that competition is alive and well. Nevertheless, costs are very high, ranging from about $1,800 to over $5,000 per year for a 70-year-old with no pre-existing medical conditions.
There is significant risk associated with authorizing foreign insurance companies. To maintain program integrity, we would not object to a limited number of foreign insurance brokers and underwriters being subject to equivalent standards to brokers and underwriters in Canada. We also recommend that any authorization of foreign health insurance involve robust information programs to make it clear that only authorized insurance brokers and underwriters are eligible, to avoid the victimization of Canadians and their parents and grandparents.
Regarding the proposed extension of the period to enter and remain in Canada under a super visa from two to five years, CILA is not convinced that the increase is necessary or advisable. I read the transcripts from the May 17 meeting of this committee. It appears there was a misunderstanding where it was stated that, “The original super visa allows the family to stay for two years over 10 years.” As well, if extended to five years, “They could come for five months a year [over] 10 years.” In fact, the super visa authorizes entry for up to two years at a time, not two years over 10 years. It authorizes multiple entries during its 10-year validity. A person could actually be in Canada for nine years or more as long as they left every two years. Further, a super visa holder can apply to extend their temporary resident status from within Canada and, if approved, remain for longer than two years at a time.
CILA foresees that if super visa holders are allowed to remain in Canada for up to five years at a time during its 10-year validity, they will have little incentive to maintain ties to their country of origin and residence there. On the contrary; more super visa holders may apply for permanent residence in Canada on humanitarian and compassionate grounds, flooding what is already a limited category. H and C is an exceptional measure. It is not simply another means of applying for permanent residence in Canada.
There has been, and likely will continue to be, more demand than supply for parent and grandparent immigrant visas, but it may not be prudent economically to expand this category. Therefore, the importance of the super visa to facilitate family reunification, albeit on a temporary basis, is critical, especially if Canada is going to continue to attract strong economic immigrants. Potential immigrants need to know that super visas facilitate parents and grandparents visiting and the process is not too onerous.
In summary, CILA recommends maintenance of the super visa, valid for up to 10 years, with admission for up to two years at a time, and the implementation of a stable, transparent, user-friendly parents and grandparents sponsorship program.
Regarding the proposal to require the minister to prepare a report on reducing the minimum income requirement, CILA fully supports this element of Bill C-242 in further research and reporting. If the research indicates that reducing the income requirement enables Canadian citizens and permanent residents to leverage the benefits of parents and grandparents to work more hours, access education and increase household income, then we would support a reasonable reduction in the minimum income requirement.
The Canadian Immigration Lawyers Association thanks the committee for consulting with us. I am available to answer your questions.