Catherine Sas, K.C.Today, June 14, 2023, Minister of Immigration, Refugees and Citizenship Canada (IRCC), the Honorable Sean Fraser, did something truly honorable for international students in Canada who have been victims of immigration fraud by unscrupulous representatives – he introduced a policy directing immigration officers and Canada Border Services Agency (CBSA) officers to grant a temporary resident permit to students who have actually studied in Canada and were clearly unaware of the improper actions of their representatives.
Many news stories over the past months have reported about approximately 700 international students who learned, only after they have completed their studies and applied for permanent residence (PR) in Canada, that their initial study permits were issued based upon fraudulent acceptance letters from an educational institution provided to them by their immigration consultant. Several stories also highlighted that many students were being issued removal orders and being deported from Canada for misrepresentation. (For our other blogs about misrepresentation in the Canadian immigration process please see this link: https://canadian-visa-lawyer.com/?s=misrepresentation )
Make no mistake, misrepresentation is a serious problem in Canada’s immigration program and the penalties for either direct or indirect misrepresentation are harsh – a person must depart Canada and face a five-year ban from applying to return to Canada. Please note the distinction – it is a ban from applying to return to Canada – and not just returning to Canada. For persons from countries who require visas to come to Canada, the misrepresentation penalty can extend for much longer than five years as immigration officers take dishonesty in our immigration program extremely seriously and often won’t grant visas to those persons who seek to return to Canada after five years.
The life of an international student is not an easy one. In addition to being separated from their families and adapting to a new country and culture and sometimes a new language, the cost of their studies in Canada is generally three times that of which Canadian students pay. This puts considerable pressure on themselves and their families to afford them the opportunity to gain a Canadian education and ultimately Canadian permanent residence.
The relief that Minister Fraser is providing to these students who have genuinely pursued their post secondary education in Canada is to confirm that they will not be deported from Canada and will be able to obtain a temporary resident permit(TRP) allowing them to remain lawfully in Canada and also obtain work permits
while their status is reviewed. What is a TRP? A TRP is a discretionary permit that an officer can grant that overcomes an inadmissibility, such as coming to Canada on a fraudulent document to allow them remain in Canada with valid status. It is a powerful tool in an IRCC or CBSA officer’s arsenal to overcome situations of injustice or hardship adversely affecting a foreign national in Canada.
International students contribute much to Canada both in the cultural fabric of our communities and their contribution to the economy both during and after completing their studies. They have the opportunity to become familiar with the Canadian way of life while at the same time obtaining their education which enhances their ability to better integrate into the workforce upon graduation. Minister Fraser’s announcement today recognizes the value that international students bring to Canada and addresses the injustice that these students are facing through no fault of their own. Thank you Minister Fraser for doing the right thing for our international students! For the full announcement see: https://www.canada.ca/en/immigration-refugees-citizenship/news/2023/06/statement-from-minister-fraser-concerning-reports-of-international-student-fraud.html
