Published: August 1, 2021
Thanks to COVID-19, Linda Shaji and Canada have had what you might call a bad romance.
After a lengthy vetting process, the 29-year-old from India was approved for permanent residence here on March 20, 2020 — two days after this country’s border was closed.
Now, 16 months later, her Canadian immigration visa has expired and Shaji is still home at her parents’ house, waiting to be admitted into this country.
The worst part is, after all this time, she’s still in the dark — met with automated email responses and told by Canada on its immigration website: “To wait for us to tell you what happens next. You don’t need to contact us again.”
“Ghosting us when we ask questions. Denying anything is wrong. Saying we are too needy when we question the long silence,” Shaji paused, “if this is a relationship, these are some serious red flags.”
The pandemic has wrecked havoc on the entire immigration system, with backlogs for every program — from family reunification to different economic immigration streams — that are only growing.
Now, as the border begins to reopen, the federal government is faced with long lines of disgruntled applicants, all looking to be the first to come in and start new lives in this country, while the bureaucracy struggles to digitalize an outdated case management and processing system.
Since March 18, 2020, when Canada closed its border in the face of the emerging pandemic, the immigration system has ground to a halt. The federal immigration department found itself scrambling to secure laptops for stay-at-home staff and to transition its processing online.
As of July 6, the backlog of permanent residence applications had skyrocketed by 70 per cent to 375,137 since February 2020, with the number of applications for temporary residence currently sitting at 702,660 cases.
The backlog of citizenship applications has also ballooned: it’s reached 369,677 people from 208,069 over the same period. These numbers do not include the applications that have been received at the mailroom of immigration offices but which have yet to be entered into the system.
Amid border lockdowns here and around the world, Canadian officials prioritized foreign nationals whose travels were deemed essential, such as migrant farm workers and health workers. They also responded to the plight of international students, who had paid a fortune to study in Canada and were in immigration limbo.
Wanting to keep the country’s immigration pipeline flowing, but not knowing how long travel restrictions would be in place, officials turned to the huge pool of migrant workers already in Canada to offer some of them permanent residency.
Immigration Minister Marco Mendicino has, meanwhile, been criticized by applicants left, right and centre who have had their lives, careers and dreams put on hold, some facing prolonged separation from spouses and parents or grandparents who are being kept out of the country.
“The growth of the inventory or what is described as backlogs is very much a function of the pandemic. There (was), quite literally, in the case of new permanent residents, no place for them to come to as a result of the travel restrictions,” Mendicino said.
“We hear you. We see you. Each and every one of your cases matters to me and to our department and to our government.”
While Mendicino has boasted about the quick adaptation of the immigration system to the pandemic, often citing the virtual citizenship test and oath-taking ceremony as examples, he has yet to make public a detailed plan or priorities for when the border reopens.
Recently, Canada’s reopening effort reached a new milestone, with the federal government set to welcome fully vaccinated U.S. citizens and green card holders at the land border for non-essential travel beginning on Aug. 9 without having to quarantine, and from other countries beginning Sept. 7.
What Mendicino needs to do immediately, experts and advocates say, is bring in the migrants who have already been vetted and approved for permanent residence but kept outside of Canada.
“All of the backlogs have now been exacerbated. The government has to provide some clear pathways and criteria for prioritization,” said independent Sen. Ratna Omidvar, a strong voice on migration, diversity and inclusion in the Senate.
“It should do everything it can to process those people who’ve already been processed. They should be a priority. They’ve put their lives on hold because we’ve selected them. They need to come to Canada. They need to put roots down.”
Shaji quit her job at an artificial intelligence development firm last July, when she got her visa after the visa office in India reopened. But Canada’s door was closed to immigrants even if they had valid visas because it was deemed non-essential travel.
“There is still no set timeline for anyone. It means further agony of waiting,” said Shaji, who has yet to hear from the federal government on what she needs to do regarding her expired documents in order to get here.
“Immigration surely matters to Canada, but do immigrants matter?”
In late June, Ottawa started opening the border to immigrants who have valid permanent residence visas to enter Canada, but the ones with expired documents were told more information would be forthcoming and not to contact officials.
For travellers like Shaji from India, Canada’s top immigrant-source country, getting here is another logistical challenge.
Ottawa has just extended its ban on all flights from India to Aug. 21, meaning even Canadian citizens can’t travel back. The ban was introduced in April due to the unruly surge of COVID-19 cases and deaths in the country.
The pandemic has exposed many shortcomings of the immigration process, said MP Jenny Kwan, the NDP’s immigration critic, and officials must cut unnecessary red tape and bureaucracy in these unprecedented times.
One of the things they could do, she said, is to automatically renew immigration applicants’ expired documents.
Requiring people to scramble to update outdated documents during a pandemic may buy Ottawa time, she noted, but it won’t solve the crisis and is going to further agonize immigration applicants.
“To this day, it is a mystery to me why the government has insisted on contacting each individual with an expired or expiring permanent resident visa to see if they still wanted to come to Canada, instead of just automatically renewing it,” Kwan said.
“Why did they do that? Why did they spend all those resources doing that instead of putting it into processing applications? They need to adopt an approach that’s not so rigid.”
Taraneh Gojgini sponsored her parents, Kaykavoos and Sima Gojgini, both American citizens, to join her in Vancouver from Long Island, N.Y., in 2018. The couple were issued their confirmation of permanent residence in September 2019 and had booked a flight to move here in April 2020. Due to COVID-19, the border was closed and their flight cancelled.
They didn’t hear anything from immigration officials for 10 months until this February, when they were asked if they were still interested in moving to Canada. The couple confirmed their desire to come here but wanted to delay the trip until the summer after most Canadians were expected to have been vaccinated.
Last April, after their visas expired, they were asked again if they were ready to come and told to send in their passports and photos for a new visa. In June, another email came asking them a third time if they planned to come to Canada. This time, they were also told to do a new medical exam.
“My parents are past the point of worry. They are so upset and anxious that there is no calming down their concern at this point,” said Gojgini, who moved to Vancouver in 2011 after marrying her husband, Behzad Pourkarimi. “They have become disillusioned with Canada.”
Kwan said reuniting families, whether spouses or parents, should be a priority for the immigration department, even if it means letting applicants abroad come here first on temporary visas and have their permanent residence applications processed within Canada so families won’t be kept apart even longer.
Suhani Chandrashekar, an engineer, came to Canada from India on a work permit in 2018 and went back to marry Naveen Nagarajappa, a close family friend, in December 2019. She returned to Canada and entered her profile into the skilled immigration pool for permanent residence.
In March 2020, just before COVID was declared a global pandemic, she received an invitation to submit her application under the Canadian Experience Class. Her case has since been stalled.
“Staying away from each other for so long is putting unnecessary strain on our marriage. We are also planning to start a family. But the uncertainty is not helping our cause here,” said the 29-year-old Toronto woman, who also has a pending application to have her husband join her here on a temporary work permit.
“Even after more than a year and a half of marriage, we are not able to see each other.”
Vancouver immigration lawyer Steven Meurrens said many of the permanent residence applications in the backlogs are actually near “finalization,” just pending approvals and admission.
Application backlogs in economic immigration, such as Canadian Experience Class or federal skilled workers, should be quick to clear, he contends, because they are processed online based on points allotted to applicants’ age, education, language test result and related work experience — and only require straightforward document reviews.
The paper-based family class applications, however, will be a problem because these are harder to process remotely and involve more discretionary decision-making by individual officers, and will take longer to finalize.
“The government has shown that where they’re willing to allocate resources and put the effort toward processing files, they can achieve it,” Meurrens said. “If they want, they can clear out this backlog easily.”
To him, the biggest question for Ottawa is whether it has the will to greatly exceed the annual immigration targets that they’d set — 401,000 in 2021; 411,000 in 2022; and 421,000 in 2023 — while simultaneously clearing backlogs and processing new applications that keep coming in.
“Are they prepared to explain to Canadians why immigration levels are going to go up because we’re processing this backlog while maintaining existing plans?” Meurrens asked. “If they don’t do that, they will have more application backlog delays.”
One of the blessings of the pandemic, he said, is that it gave Ottawa the opportunity to transition a large number of migrants on temporary status in Canada, such as precarious low-skilled workers who otherwise wouldn’t qualify for immigration, to become permanent residents.
“COVID has reduced that gap between the number of people who work here and the number of people who can immigrate,” said Meurrens. “Otherwise, we risk developing this permanent foreign worker class in Canada.”
Earlier this year, Ottawa introduced a one-time special program to grant permanent residence to 90,000 international graduates and essential migrant workers already in Canada in part to meet its 2021 immigration targets and in part to recognize migrant workers’ contributions to Canada during the pandemic.
Sen. Omidvar said the pandemic has shown Canadians that our economy not only needs highly educated STEM scientists and engineers but also immigrants who deliver essential services such as in agriculture and health care during the crisis.
A 21st-century immigration system needs to recognize those “essential skills” in the labour market that go beyond minimum language requirements and how many university degrees an immigration applicant has, she said.
“Let’s get away from this dichotomy and this unfortunate language of low skills and high skills. It doesn’t suit us anymore in this new era,” Omidvar said. “We need to view the labour market a little bit more broadly than we have done in the past. Coming out of this crisis, that’s the new horizon we need to grasp.”
For front-line immigration officers, many of whom are still working from home, having the proper digitizing infrastructure is key post-COVID-19, said Crystal Warner, national executive vice-president of the 27,000-member Canada Employment and Immigration Union.
During the pandemic, immigration staff were not equipped to work from home and some had to take turns going into the office, which only allowed a 20 per cent capacity at one point. Programs were de-prioritized and then reprioritized, and her members — 78 per cent women — weren’t given proper training and support, she said.
“There is a lack of a centralized digitization process. Staff are scanning mailed applications on desktop scanners at their desks in the office. It’s not an effective strategy. Progress is being made, but it is slow,” she said.
Warner said some of the systems are still not upgraded appropriately and crash all the time. Just recently, after a meeting where staff were told that significant investments were being made into the bandwidth and server space, the whole system crashed for the day, nationwide.
“This is ongoing,” she said. “On the one hand, they are digitizing like crazy and on the other hand, the hardware and system upgrades are not keeping pace.”
It’s an issue the federal government is hoping to address with an $800-million investment to modernize the immigration system in its 2021 budget, said the immigration minister.
“That’s the really exciting work that lies ahead of us, which is going to, I think, catapult us into an entirely transformed immigration system,” Mendicino said. “Our system needs to be transformed, needs to be modernized, so that it can accommodate the great demands that are placed on it.”
While the current immigration case management system certainly needs an upgrade, critics said Mendicino must first figure out the vaccination requirement for travellers — both permanent and temporary residents — who don’t meet current border exemptions.
Whether to let someone into the country should be based on vaccination status rather than just about which immigrant group Ottawa wants to prioritize, said Ravi Jain, past president of the Canadian Bar Association’s immigration division.
“If people are fully vaccinated, I think we’ve got to start opening up,” he said, adding that processing immigration applications abroad depends very much on how well other countries manage the pandemic and their lockdown conditions, which hinders Ottawa’s priorities.
Ottawa, Jain noted, needs to figure out a vaccine passport that’s easy to enforce and can complement ArriveCan, the government app for travellers to provide travel info before and after entry to Canada, as well as which vaccines should be recognized based on science.
For fairness, he said, officials do need to allow prospective immigrants who have been waiting the longest to come first and start a new life here, as well as fast-tracking investors and businesspeople who can create employment in Canada for its economic recovery.
“I don’t want to say that you prioritize this and that particular group, and everyone else is waiting,” said Jain.
“There’s nothing preventing the government from moving forward on all fronts and on all these issues. What’s been preventing them, frankly, has been the border. That’s been the real sticking point.”
For overseas immigration applicant Maninderjit Singh, it’s simply heartbreaking to see those applying for permanent residence from abroad being shut out from the process.
The lawyer from Punjab, India, entered the federal skilled worker pool in January with 467 points, but the government has not had one single draw for the program.
And time is running out because a candidate loses points with increased age, five points per year as the system targets those in prime working age. Singh’s score has already come down by five points to 462 after he turned 32 recently.
“Thousands of federal skilled worker applicants are getting prejudiced with each passing day. Our life is now at a stand still,” he said. “With reduced score and thousands of new applications adding into the pool, the chances are getting bleak for me to get invited to Canada.”