Question Period Note: HONG KONG

Several immigration measures were put in place following the imposition of the National Security Law in Hong Kong by the Standing Committee of the National People’s Congress of China on June 30, 2020.

• Canada will continue to stand shoulder-to-shoulder with the people of Hong Kong.

• We continue to monitor the situation in Hong Kong to ensure our immigration programs remain responsive to the needs of Hong Kong residents wishing to come to Canada.

• In early 2021, IRCC launched a special measure that allows eligible Hong Kong residents with recently completed post-secondary studies to apply for an open work permit valid for up to 3 years.

• In June 2021, a public policy was put in place creating two new pathways to permanent residence for Hong Kong residents.

• In 2023, IRCC extended the open work permit measure for two more years and expanded its eligibility. This means that more Hong Kong residents can pursue their career goals and gain valuable work experience in Canada.

• IRCC also removed the education requirement for Stream B of the permanent residence pathways on August 15, 2023. This will make it easier for Hong Kongers with Canadian work experience to remain in Canada long-term.

If pressed: Human Rights Defenders
• Individuals who are at risk of persecution and have fled to another country may be eligible under Canada’s existing resettlement programs.
• Canada also has a robust asylum system and, like all foreign nationals who are in Canada, Hong Kong residents have access to this protection.

If pressed: Police Certificates
• Police certificates may be required to satisfy officers that the foreign national is not inadmissible and meets the requirements of the Act.
• Foreign convictions are carefully examined to see whether the act committed would have been an offence under Canadian laws if they had occurred in Canada.
If an officer requests a police certificate and the applicant declares that they are unable to obtain one as required, officers can use their discretion to determine if the case can be processed without the police certificate.

• On June 30, 2020, China passed a much-anticipated National Security Law for Hong Kong. The law was drafted without inclusive consultation and through a process that circumvented Hong Kong’s Legislative Council. The National Security Law prohibits and penalizes vaguely defined offences relating to secession, subversion, terrorist activities and collusion with a foreign country.

• Human rights, namely civil and political rights, including freedom of expression and assembly, have significantly and steadily declined in Hong Kong since the imposition of the National Security Law.

• As part of the Indo-Pacific Strategy, the Government of Canada states its support for the people of Hong Kong who are subjected to China’s imposition of the National Security Law.

Canada’s response – New temporary and permanent residence pathways

• In addition to existing work and study options, an initiative launched for Hong Kong youth on February 8, 2021, provides open work permits of up to 3 years to those with post-secondary studies completed in the last 5 years and their eligible accompanying family members.

• On February 8, 2023, IRCC expanded eligibility to Hong Kong residents who have graduated within the past 10 years. The deadline for applications was also extended to February 7, 2025 (originally February 7, 2023).

• As of June 30, 2023, the Department had received a total of 27,919 applications for the open work permit since the beginning of the public policy (February 8, 2021). Out of the 27,375 open work permit applications processed, 24,264 were issued.

• In addition, a public policy creating two pathways to permanent residence was put in place on June 1, 2021.

o The first pathway (Stream A) is for those who have graduated from a post-secondary designated learning institution in Canada in the past 3 years with a degree, diploma, graduate or post-graduate credential. At least 50% of the program of study must have been completed while physically present in Canada (either in person or online). These individuals can apply directly for permanent residence.

o The second pathway (Stream B) targets former Hong Kong residents who have gained a minimum of one year of full-time authorized work experience in Canada (or the equivalent in part-time work experience in Canada) at any skill level in the last three years.

• On August 15, 2023, IRCC expanded Stream B of the PR pathway by removing the education requirement. Prior to this date, applicants for Stream B had to demonstrate that they had graduated in or outside Canada in the past five years with a degree, diploma, graduate or post-graduate credential. This change more closely aligns the program with the open work permit for eligible Hong Kong residents and further simplifies their transition from temporary to permanent residence, while streamlining the processing of permanent residence applications. The requirements of Stream A remain unchanged.

• Under both streams, eligible Hong Kong residents must have valid temporary resident status and be in Canada when they submit their application and when they are granted permanent residence. They must also meet the specified language requirements.

• As of June 30, 2023, 8,019 individuals have applied under Canada's permanent resident pathways for Hong Kong residents. There have been 4,030 admissions (individuals granted permanent residence).

Asylum & Resettlement

• With regard to those fleeing persecution, Canada has a robust asylum system and, like all foreign nationals who are in Canada, Hong Kong residents have access to this protection.

• Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada (IRB). To provide fair and efficient adjudicative justice, the IRB regularly monitors and updates country conditions in refugee-producing countries or regions. Refugee claims from Hong Kong before the IRB are actively examined and case management strategies applied to ensure the efficient and timely determination of these claims.

• From June 1, 2020 to June 30, 2023, there have been 110 asylum claims made by people from Hong Kong.

• In addition to the in-Canada asylum system, Canada offers protection through the Refugee Resettlement Program to persecuted people outside Canada who have fled their country of origin. Refugees who have fled persecution in Hong Kong and lack options to permanently settle elsewhere can potentially be sponsored by Canadian citizens or permanent residents or be referred by designated referral partners, such as the United Nations Refugee Agency.

Police certificates

• Canadian immigration officers consider applications on a case-by-case basis, carefully considering the unique circumstances presented by each applicant.

• Foreign nationals must disclose all past charges and convictions when applying for temporary status such as work or study permits or permanent residence status in Canada.

• Inadmissibility decisions are grounded in evidence, which may consist of police or intelligence reports, statutory declarations, as well as other relevant documents such as media articles and publicly-available information.

• Foreign nationals are inadmissible to Canada if:
o they were convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, or convicted of two offences from separate occurrences, that, if committed in Canada would constitute offences under an Act of Parliament; or
o they commit an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament [pursuant to section 36 of the Immigration and Refugee Protection Act]

• More generally, visitors holding Hong Kong Special Administrative Region or British National Overseas passports are visa-exempt and need only an electronic travel authorization (eTA) before travelling to Canada. While police certificates are not required to apply for an eTA, an officer may ask for it in some exceptional cases.

None