Question Period Note: HONG KONG

New immigration measures have recently been announced in response to the situation in Hong Kong following the passage of national security legislation on June 30, 2020, by the Standing Committee of the National People’s Congress of China.

• Canadians share the serious concerns of the international community over the national security legislation imposed on Hong Kong by the Peoples’ Republic of China, and as we have in the past, Canada stands shoulder to shoulder with the people of Hong Kong.

• As part of the government’s response, IRCC is implementing measures that will allow students and youth in Hong Kong to come to Canada on work and study permits with pathways to stay permanently.

• These new permanent resident pathways will also benefit Hong Kong residents in Canada under existing work and study permits.

• Other measures will help ensure that Canadians and Canadian permanent residents living in Hong Kong have the support they need to come home at any time.

If pressed:
• We are also waiving application processing fees for Hong Kong residents in Canada on a temporary basis who apply to renew their status to extend their stay, and promoting existing programs to support Hong Kong residents who want to come to Canada or extend their stay here—including pathways to stay permanently.

• Foreign nationals including Hong Kong residents in Canada continue to have access to the asylum system. Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada, an independent, quasi-judicial tribunal, which decides whether or not an individual is in need of protection, based on the merits of their case.

• Many people from Hong Kong may already travel to Canada under existing border-related exemptions, including immediate and extended family members of Canadian citizens and permanent residents, as well as eligible international students.

• While other Hong Kong residents may not be able to travel to Canada at this time, the Department is working to operationalize our new initiatives quickly and making efforts to expedite permanent residence applications from Hong Kong residents. We hope this will provide some assurance and time to plan for a move to Canada.

Current Situation in Hong Kong
• In Hong Kong, civil unrest began in June 2019 in opposition to a bill allowing criminal suspects to be extradited to mainland China.
• Protests evolved to encompass demands for broader democratic reforms and an independent investigation into police treatment of protestors. They impacted various sectors of society, including the financial district, universities, the airport, major roadways and subway system.
• The COVID-19 global pandemic and subsequent containment measures brought in by the Hong Kong Government saw a pause of the protests.
• On June 30, 2020, China passed a much-anticipated National Security Law for Hong Kong, which circumvented Hong Kong’s legislative channels and went into effect that night. [REDACTED]
• Since it was passed, arrests have taken place. For example, 370 people were reportedly arrested when thousands joined protests against the new legislation on July 1, 2020, including 10 people allegedly in breach of the National Security Law.
• To date, there has been no surge in departures from Hong Kong, but the situation continues to evolve

• Canada has seen an increase in applications for study permits and extensions to stay in Canada as a visitor (visitor record) from Hong Kong residents.

• The mission in Hong Kong has been fully operational amid the global pandemic and civil unrest. There has been no disruption to immigration operations in Hong Kong. All staff continued to report to work throughout the months of protests.

Canada’s response - New temporary and permanent pathways for Hong Kong youth

• In addition to existing work and study options for Hong Kong youth, a new work permit initiative specific to Hong Kong youth will provide open work permits of up to 3 years duration, with eligibility criteria centred on recently completed post-secondary education in Canada or abroad in the last 5 years. Eligible spouses or common-law partners, as well as dependent children, can also apply for a study or work permit, as appropriate. This new measure is expected to launch soon.

• Once here to either study or work, 2 new pathways to permanent residence are also being created and will be available in 2021:

o The first will target former Hong Kong residents who have gained a minimum of 1 year of work experience in Canada and meet other criteria such as minimum language and education levels.

o The second pathway will be for those who have graduated from a post-secondary institution in Canada. These individuals can then apply directly for permanent residence.

Additional measures being implemented for Hong Kong

• Providing passports or Travel Documents to Canadian citizens and permanent residents who wish to return home.

• Hong Kong residents in Canada on a temporary basis are able to extend their stay in Canada and IRCC will waive the cost of documents related to renewing their status.

• Increasing promotion and recruitment efforts to attract Hong Kong youth to study in Canada and in other program areas, including International Experience Canada. IRCC will resume processing International Experience Canada applications which has been paused due to COVID-19.

• Increasing promotion of super visas, which are multi-entry visas for parents and grandparents that allow for multiple entries to Canada of up to 2 years at a time for a period of up to 10 years.

• Allocating resources to speed up processing of Hong Kong permanent residence applications, including for family sponsorship. Spouses or common-law partners who have applied for permanent residence from within Canada can apply for an open work permit.

• Ensuring that qualifying permanent residents can access pre-arrival and in-country settlement information and services.

• Due to the worsening conditions in Hong Kong that could put some individuals at risk, IRCC has implemented an exemption to the 12-month bar on a pre-removal risk assessment (PRRA) for Hong Kong residents.

Travel Restrictions

• The measures being implemented by IRCC do not exempt Hong Kong residents from the existing travel restrictions that are in place due to COVID-19.

• However, Canadians and permanent residents living in Hong Kong can return to Canada at any time.

• Immediate family members of Canadian citizens and permanent residents, such as spouses, common-law partners, dependent children or parents or step-parents, are exempt from the travel restrictions, provided they are staying in Canada for at least 15 days and meet standard eligibility and admissibility, as well as public health and mandatory quarantine requirements. Extended family members, including grandparents, are also allowed to travel to Canada provided they receive authorization from IRCC.

• As of October 20, international students enrolled in an authorized educational institution are also allowed to travel to Canada.

Refugee Resettlement

• Refugee resettlement to Canada remains significantly limited by the border restriction measures implemented as a result of the COVID-19 pandemic.
• Hong Kong residents who fear persecution can register with the UNHCR or another designated referral organization and apply for resettlement on the basis of a well-founded fear of persecution based on political opinion and/or other applicable reasons. Hong Kong residents can be referred to Canada through the Refugee Resettlement Program if it is determined to be the best solution. Private sponsors in Canada may also submit applications to sponsor and resettle refugees to Canada who are outside of their country of origin.

• As part of Canada’s Refugee Resettlement Program, Canada reserves space for the resettlement of refugees facing immediate threats to their life, liberty or physical safety. The Urgent Protection Program ensures that Canada is able to respond to urgent requests from the UNHCR for the resettlement of refugees under threat of being killed, returned home, or of being subjected to violence, torture, sexual assault, or arbitrary imprisonment.

In-Canada Asylum System

• Foreign nationals in Canada who fear persecution or torture in their country of origin may seek refugee protection through the in-Canada asylum system. Eligible asylum claims are referred for a hearing to the Immigration Refugee Board (IRB), an independent administrative tribunal. Successful claimants will receive protected person status in Canada and will not be returned.

Canadians and Canadian Permanent Residents Residing in Hong Kong

• Global Affairs Canada estimates that there are nearly 300,000 Canadian citizens residing in Hong Kong.

• The number of Canadian Permanent Residents currently residing in Hong Kong is unknown, but could be quite high.

• The Canadian community in Hong Kong is well established and has remained in place during extended periods of protests. The differing COVID-19 curves, economic downturn and approaching winter make it unlikely that many will consider departing for Canada immediately. However, this is likely to continue to evolve based on further developments in Hong Kong. If needed, GAC and IRCC are well placed to manage any increase in applications.

• IRCC has not experienced a surge in requests from citizens applying for new passports or requests for Travel Documents from permanent residents in Hong Kong

Canadian Immigration and Passport Services in Hong Kong

• The IRCC migration office at the Canadian Consulate General in Hong Kong is well-staffed, with 8 Canadian decision-making officers supported by 51 locally-engaged staff.

• The IRCC migration office in Hong Kong continues to process temporary and permanent resident applications within the constraints of the Ministerial Instructions and Orders in Council.

• The Canadian Consulate General in Hong Kong also delivers one of the largest passport operations abroad, and has dedicated resources devoted solely to providing passport services to Canadians.

Current Situation in Hong Kong
• In Hong Kong, civil unrest began in June 2019 in opposition to a bill allowing criminal suspects to be extradited to mainland China.
• Protests evolved to encompass demands for broader democratic reforms and an independent investigation into police treatment of protestors. They impacted various sectors of society, including the financial district, universities, the airport, major roadways and subway system.
• The COVID-19 global pandemic and subsequent containment measures brought in by the Hong Kong Government saw a pause of the protests.
• On June 30, 2020, China passed a much-anticipated National Security Law for Hong Kong, which circumvented Hong Kong’s legislative channels and went into effect that night. The law criminalizes “secession, subversion, terrorism, and collusion with foreign forces” – broadly and vaguely defined – and gives Beijing broad powers to overstep Hong Kong's systems and have protesters and human rights defenders transferred to mainland China for prosecution with severe penalties including life imprisonment.
• Since it was passed, arrests have taken place. For example, 370 people were reportedly arrested when thousands joined protests against the new legislation on July 1, 2020, including 10 people allegedly in breach of the National Security Law.
• To date, there has been no surge in departures from Hong Kong, but the situation continues to evolve

• Canada has seen an increase in applications for study permits and extensions to stay in Canada as a visitor (visitor record) from Hong Kong residents.

• The mission in Hong Kong has been fully operational amid the global pandemic and civil unrest. There has been no disruption to immigration operations in Hong Kong. All staff continued to report to work throughout the months of protests.

Canada’s response - New temporary and permanent pathways for Hong Kong youth

• In addition to existing work and study options for Hong Kong youth, a new work permit initiative specific to Hong Kong youth will provide open work permits of up to 3 years duration, with eligibility criteria centred on recently completed post-secondary education in Canada or abroad in the last 5 years. Eligible spouses or common-law partners, as well as dependent children, can also apply for a study or work permit, as appropriate. This new measure is expected to launch soon.

• Once here to either study or work, 2 new pathways to permanent residence are also being created and will be available in 2021:

o The first will target former Hong Kong residents who have gained a minimum of 1 year of work experience in Canada and meet other criteria such as minimum language and education levels.

o The second pathway will be for those who have graduated from a post-secondary institution in Canada. These individuals can then apply directly for permanent residence.

Additional measures being implemented for Hong Kong

• Providing passports or Travel Documents to Canadian citizens and permanent residents who wish to return home.

• Hong Kong residents in Canada on a temporary basis are able to extend their stay in Canada and IRCC will waive the cost of documents related to renewing their status.

• Increasing promotion and recruitment efforts to attract Hong Kong youth to study in Canada and in other program areas, including International Experience Canada. IRCC will resume processing International Experience Canada applications which has been paused due to COVID-19.

• Increasing promotion of super visas, which are multi-entry visas for parents and grandparents that allow for multiple entries to Canada of up to 2 years at a time for a period of up to 10 years.

• Allocating resources to speed up processing of Hong Kong permanent residence applications, including for family sponsorship. Spouses or common-law partners who have applied for permanent residence from within Canada can apply for an open work permit.

• Ensuring that qualifying permanent residents can access pre-arrival and in-country settlement information and services.

• Due to the worsening conditions in Hong Kong that could put some individuals at risk, IRCC has implemented an exemption to the 12-month bar on a pre-removal risk assessment (PRRA) for Hong Kong residents.

Travel Restrictions

• The measures being implemented by IRCC do not exempt Hong Kong residents from the existing travel restrictions that are in place due to COVID-19.

• However, Canadians and permanent residents living in Hong Kong can return to Canada at any time.

• Immediate family members of Canadian citizens and permanent residents, such as spouses, common-law partners, dependent children or parents or step-parents, are exempt from the travel restrictions, provided they are staying in Canada for at least 15 days and meet standard eligibility and admissibility, as well as public health and mandatory quarantine requirements. Extended family members, including grandparents, are also allowed to travel to Canada provided they receive authorization from IRCC.

• As of October 20, international students enrolled in an authorized educational institution are also allowed to travel to Canada.

Refugee Resettlement

• Refugee resettlement to Canada remains significantly limited by the border restriction measures implemented as a result of the COVID-19 pandemic.
• Hong Kong residents who fear persecution can register with the UNHCR or another designated referral organization and apply for resettlement on the basis of a well-founded fear of persecution based on political opinion and/or other applicable reasons. Hong Kong residents can be referred to Canada through the Refugee Resettlement Program if it is determined to be the best solution. Private sponsors in Canada may also submit applications to sponsor and resettle refugees to Canada who are outside of their country of origin.

• As part of Canada’s Refugee Resettlement Program, Canada reserves space for the resettlement of refugees facing immediate threats to their life, liberty or physical safety. The Urgent Protection Program ensures that Canada is able to respond to urgent requests from the UNHCR for the resettlement of refugees under threat of being killed, returned home, or of being subjected to violence, torture, sexual assault, or arbitrary imprisonment.

In-Canada Asylum System

• Foreign nationals in Canada who fear persecution or torture in their country of origin may seek refugee protection through the in-Canada asylum system. Eligible asylum claims are referred for a hearing to the Immigration Refugee Board (IRB), an independent administrative tribunal. Successful claimants will receive protected person status in Canada and will not be returned.

Canadians and Canadian Permanent Residents Residing in Hong Kong

• Global Affairs Canada estimates that there are nearly 300,000 Canadian citizens residing in Hong Kong.

• The number of Canadian Permanent Residents currently residing in Hong Kong is unknown, but could be quite high.

• The Canadian community in Hong Kong is well established and has remained in place during extended periods of protests. The differing COVID-19 curves, economic downturn and approaching winter make it unlikely that many will consider departing for Canada immediately. However, this is likely to continue to evolve based on further developments in Hong Kong. If needed, GAC and IRCC are well placed to manage any increase in applications.

• IRCC has not experienced a surge in requests from citizens applying for new passports or requests for Travel Documents from permanent residents in Hong Kong

Canadian Immigration and Passport Services in Hong Kong

• The IRCC migration office at the Canadian Consulate General in Hong Kong is well-staffed, with 8 Canadian decision-making officers supported by 51 locally-engaged staff.

• The IRCC migration office in Hong Kong continues to process temporary and permanent resident applications within the constraints of the Ministerial Instructions and Orders in Council.

• The Canadian Consulate General in Hong Kong also delivers one of the largest passport operations abroad, and has dedicated resources devoted solely to providing passport services to Canadians.

None