Question Period Note: Hong Kong

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

• The ties that bind Canada and Hong Kong run deep, and the people of Hong Kong have made invaluable contributions to our country. With many Hong Kong residents casting their eyes abroad, we want them to choose Canada to study, work and settle.

• In addition to existing permanent resident streams that are available to Hong Kong residents, we have launched two new pathways to permanent residence, providing eligible Hong Kong residents in Canada with the opportunity to build their life here if they so choose.

• The new permanent residence pathways complement the open work permit measure that was launched in February, allowing eligible Hong Kong residents in or outside Canada with recently completed post-secondary studies to apply for an open work permit, which may be valid for up to 3 years.

• Other measures have been put in place to 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 on refugees or asylum:
• 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 IRB, an independent tribunal, which decides whether or not an individual is in need of protection, based on the merits of their case.
• Individuals who are located outside their country and have no other durable solution may be referred to Canada for resettlement by the UNHCR or may be privately sponsored.
• Arrests or convictions outside Canada for acts that are not considered to be equivalent to an offence in Canada would generally not make someone inadmissible to Canada for asylum or immigration purposes.

If pressed on BN(O) passports
• From the Canadian perspective, BN(O) and Hong Kong SAR passports continue to be recognized travel documents for the purpose of entering Canada.
• It is unclear what impact China and Hong Kong’s recent decisions to no longer recognize the British National Overseas (BN[O]) passport will have on Canada’s programs.
• Since late 2019 the Consulate General of Canada in Hong Kong has been undertaking contingency planning to ensure that emergency passport services can be provided if needed. During the past year, Canada’s mission also completed a robust outreach campaign encouraging Canadian citizens working, studying and living in Hong Kong to ensure that they have valid Canadian travel documents.

If pressed about the potential for exit bans from Hong Kong
• The Government of Canada is very concerned by the broad powers Hong Kong’s new immigration law seems to confer.
• The right to leave Hong Kong is guaranteed under the Basic Law and should be upheld.
• Canada is monitoring the situation and will continue to work with its partners to ensure fundamental rights and freedoms are respected.

If pressed on travel to Canada
• Some people from Hong Kong may travel to Canada under existing border-related exemptions, including immediate and extended family members of Canadian citizens, people registered under Canada’s Indian Act and permanent residents, as well as eligible international students.
• Current travel restrictions mean some Hong Kong residents applying for the new open work permit may not be able to travel to Canada at this time, unless they have an active and current job offer or meet a travel exemption and comply with all public health requirements.
• However, prioritizing the processing of their open work permit application will give them assurance to plan for a move to Canada once they can travel here.

Current situation in Hong Kong

• On June 30, 2020, China passed a much-anticipated National Security Law for Hong Kong, which went into effect that night. The law was not made public until implemented and was drafted without inclusive consultation and through a process that circumvented Hong Kong’s Legislative Council.

• Since it was passed, several waves of arrests have taken place. Notably, on January 5, 2021, 53 former lawmakers, district councillors and democracy activists were arrested under the national security law on charges of subversion in relation to organizing and/or participating in the pan-democratic primaries ahead of the postponed September 2020 Legislative Council election.

• Most recently, on April 1, 2021, several prominent pro-democracy figures, including media tycoon Jimmy Lai, former lawmaker Margaret Ng and veteran democracy campaigner Martin Lee, were convicted of a range of charges, including some under the National Security Law. Lai is serving 14 months in jail, while Ng and Lee received deferred sentences.

• On January 29, 2021, China and Hong Kong both announced they would no longer recognize the BN(O) passport as a valid travel document or proof of identity. Nor can the BN(O) passport be used for immigration clearance in Hong Kong. It is unclear what these declarations mean in practical terms, as Hong Kong residents may continue to use their Hong Kong Special Administrative Region (SAR) passport or Hong Kong Permanent Identity Card to enter and leave the territory.

• From the Canadian perspective, BN(O) and Hong Kong SAR passports continue to be recognized travel documents for the purpose of entering Canada.

• As part of its response to the developments in Hong Kong, the UK launched the Hong Kong British Nationals Overseas (BN[O]) Visa Program on January 31, 2021. The visa will be valid for up to 5 years, and holders may apply for permanent residence after that period. BN(O) citizens will not need to hold a BN(O) passport to apply.

• On April 28, 2021, Hong Kong’s “Immigration (Amendment) Bill 2020” passed the Legislative Council. The Bill provides the Hong Kong government with the power to bar people from boarding planes to and from the city without a court order and with no recourse for appeal.
The Hong Kong government has said that the new law will apply only to flights heading to Hong Kong, and the provisions were needed to address a backlog of refugee claims and to “screen illegal immigrants before they depart for the city.”

• However, the wording of the Bill does not limit the power to arriving flights, and commentators have raised concerns that this law could be used to impose an “exit ban” against pro-democracy activists or other individuals who challenge authorities in Hong Kong or mainland China. Critics of the immigration Bill also say it will make it easier to detain and deport refugee claimants. The full details of the new Bill will be available only when it takes effect on August 1, 2021.

• 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. For example, 2,867 study permit applications were received from Hong Kong in 2020, over 3 times what could be expected based on the trends from other regions in greater China (Taiwan, Macau, Inner Mongolia), which conversely fell by over 40%.

• The IRCC office 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, but there have been periodic reductions to in-office staff levels during the pandemic.

Canada’s response – New temporary and permanent pathways for eligible Hong Kong residents

• On November 12, 2020, Minister Mendicino announced new immigration measures to support Hong Kong residents and Canadians in Hong Kong, including the open work permit and two new pathways to permanent residence.

• In addition to existing work and study options for Hong Kong youth, the new work permit initiative specific to Hong Kong youth provides open work permits of up to 3 years to those with recently completed post-secondary studies in the last 5 years. This new measure was launched February 8, 2021.

• Between the program opening on February 8 and May 27, 2021, a total of 3,286 open work permit applications were received by the department. Approval rates are currently at 94%, and 80% of completed applications were processed within 55 days.

• On June 8, 2021, the Minister announced that eligibility for the open work permit had been expanded to Hong Kong residents with graduate or post-graduate studies, where the program length is a minimum of 1 year and where a post-secondary degree or diploma is a prerequisite. This change took effect on May 17, 2021.

• Equally, in addition to the existing permanent residence streams that are available to Hong Kong residents, a public policy creating two new pathways to permanent residence was announced on June 8, 2021.

o The first pathway is for those who have graduated from a post-secondary designated learning institution in Canada in the past 3 years with a degree, diploma, or graduate or post-graduate credential. These individuals can apply directly for permanent residence.

o The second pathway targets former Hong Kong residents who have gained a minimum of 1 year of full-time authorized work experience in Canada at any skill level in the last 3 years and graduated in or outside Canada in the past 5 years with a degree, diploma, or graduate or post-graduate credential.

• 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.

• Applicants must intend to live in any Canadian province or territory other than Quebec. Hong Kong residents who are living in Quebec can consult the Ministère de l’Immigration, de la Francisation et de l’Intégration to learn more about immigration pathways available to them in that province.

Additional measures being implemented for Hong Kong

• Providing passports or travel documents to Canadian citizens and permanent residents who wish to return home.

• We have waived application processing fees on a temporary basis for Hong Kong residents in Canada who choose to apply to renew their status and extend their stay.

• Increasing promotion and recruitment efforts to attract Hong Kong youth to study in Canada and to other program areas, including International Experience Canada. IRCC resumed processing International Experience Canada applications on November 12, 2020, which had 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.

• Certain exemptions to the current travel restrictions have been established to allow for non-discretionary travel of foreign nationals to Canada. This includes an exemption for permanent residence applicants who had their applications approved prior to March 18, 2020; are located overseas; and wish to travel to Canada to become landed as Canadian permanent residents. Immediate family members of Canadian citizens, people registered under Canada’s Indian Act 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 2020, international students with a valid study permit or who received a letter of introduction from IRCC may be authorized to enter Canada, provided they are enrolled to study at a designated learning institution with a COVID-19 readiness plan that has been approved by their province or territory. In addition, individuals wishing to enter Canada for compassionate reasons, such as to attend the death or funeral of a loved one, are now eligible to apply for authorization from the Public Health Agency of Canada (PHAC) to travel to Canada on compassionate grounds.

• As of January 6, 2021, all individuals over the age of 5 years who are travelling to Canada via air are required to provide the airline with a negative molecular PCR test for COVID-19 conducted within 72 hours prior to the flight’s scheduled departure in order to be granted boarding. This applies to both Canadians and foreign nationals, with very limited exceptions. Testing is readily available in Hong Kong, where a network of Community Testing Centres provides self-paid testing services with results available within 24 hours.

• All travellers arriving by air are also required to take a PCR test for COVID-19 at the airport upon arrival and to quarantine at an approved hotel for up to 3 days while awaiting these results, all at the traveller’s own expense. If a traveller’s test result is positive, they will be transferred to a PHAC quarantine facility. If a traveller’s test result is negative, they may be released to finish the remainder of their 14-day quarantine at a suitable location of their choice.

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 are located outside their country and fear persecution can register with the UNHCR or another designated referral organization and be referred for resettlement on the basis of a well-founded fear of persecution due to political opinion and/or other applicable reasons. Hong Kong residents located outside their country can be referred to Canada through the Refugee Resettlement Program if a referral organization determines this to be the best solution for them. Private sponsors in Canada may also submit applications to sponsor and resettle refugees to Canada who meet program criteria.

• The 1951 Refugee Convention and Canadian regulations require that foreign nationals be outside their home country in order to be eligible for resettlement. Canada cannot, therefore, accept resettlement applications at the IRCC office in the country of alleged persecution.

• Refugees who face immediate risks may be resettled under Canada’s Urgent Protection Program. This program provides expedited resettlement to refugees whose life, liberty or safety is immediately threatened.

Asylum

• All asylum claims from Hong Kong before the IRB are currently being actively examined.

• The IRB has identified asylum claims from Hong Kong for triage as part of its Task Force on Less Complex Claims. This means that they are examining these claims, based on country conditions, to see if they can be resolved without a hearing or through a shorter hearing if there are only one or two key determinative issues to be resolved. If there are more complicated questions of credibility or identity, then such cases will not be addressed as a less complex claim.

Measures for Hong Kong human rights defenders at risk

• Human rights defenders at risk may already be eligible under Canada’s resettlement program if they are outside their home country and referred to us by the UN Refugee Agency.

• The Government of Canada has also committed to introducing a dedicated refugee stream for human rights defenders at risk, in addition to our existing refugee resettlement program.

• 250 government-assisted refugee spaces have been added to the Immigration Levels Plan from 2021 to 2023 for human rights defenders who are in need of protection. The new stream is on track to be implemented soon.

• Canada is one of the first countries to establish a dedicated refugee resettlement stream to protect human rights defenders at risk.

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 equally be quite high.

• Under the Nationality Law of the People's Republic of China, dual nationality is not legally recognized in Hong Kong, and local authorities may refuse to grant consular access to detained dual nationals who declare themselves as Chinese nationals.

• Global Affairs Canada received a first indication of a Canada dual-national prisoner in Hong Kong being required to make such a declaration on January 18, 2021. We are aware of other similar incidents involving dual nationals of other countries.

• Canada has expressed its concern to the Hong Kong Government and continues to seek additional information from local authorities on any changes to the treatment of dual nationals. Canada continues to work with our likeminded partners to ensure the rights and safety of dual nationals in Hong Kong are protected.

• The Canadian community in Hong Kong is well established and has remained in place during extended periods of protests. 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. [REDACTED].

Canadian immigration and passport services in Hong Kong

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

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

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