Toronto mayoral candidate Rob Ford allegedly said this week that Toronto is “full’”. With a population of 2.5 million already, Ford said that, “We’re the largest city in Canada and we don’t have the infrastructure to deal with more people. The city is congested as is. Where are we going to fit another million people?” he said.

Ford is denying that his comments had anything to do with immigrants, saying that he meant Toronto is too full to handle anyone moving in from anywhere, regardless of their country of origin. However, in the past Ford has also said that Toronto should be a “refugee-free zone”. He cited Toronto’s debt and infrastructure problems, but seems to fail to recognize the economic benefits from having more immigrants living and working in Toronto.

His opponents considered his comments considerably offensive, demanding an apology and even withdrawal from the mayoral race. His opponent Rocco Rossi said “this is hard economic common sense – without newcomers we simply have no growing future in the city of Toronto,” and went on to call Ford unfit to be mayor. While his other opponent, George Smitherman, said that if, “you don’t look like Rob Ford – you don’t talk like Rob Ford – then you don’t fit in his Toronto.” One of Ford’s other opponents, Joe Pantalone, is a newcomer himself, having moved to Canada from Italy at the age of 13.

Ford’s opponent Sarah Thomson allegedly said, “Rob Ford continues to play to people’s fears without providing viable solutions to the challenges facing our society. If any mayor in Toronto’s past had shown such disregard towards an immigrant group, the city would not have the strength in diversity we are so proud of today.”

Ford seems particularly out of touch, and previously mentioned the church should have a larger role in city hall, ignoring the important fundamental barrier that remains between the separation of religion and politics in order for government to function fairly for all – no matter what their beliefs are. There are many different religious communities in Toronto, and even Ford himself said it would be difficult to include them all.

The future mayor of the city, whoever it will be, will be the mayor of all of Toronto, which means eight per cent of Canada’s population and more than 25 per cent of Canada’s immigrants, more than half of which have lived in Canada for less than 15 years.

Given Canada’s aging demographics and Toronto’s in particular, Ford’s protectionist stance does not bode well for our economy. He may be the most “fiscally responsible” candidate but without immigration flow, our cities would grind to a halt. This fact  is really not up for debate.

I am a fan of ‘old school economics” that makes the government accountable but not old school thinking which unfortunately many conservatives come with, namely, an anti-immigration bias. Let’s hope that whoever wins, understands that immigration is and has always been a win-win for everyone.

Social Planning Toronto, an organization dedicated to improving quality of life through social planning in the city, recently went undercover to see if Toronto-area Catholic schools will accept children of non-status immigrant parents.

Researchers pretended to be family members of non-status children living in Canada and looking for new schools, and began calling all of the board’s high schools and elementary schools between January and June.

Only 14 per cent of Toronto-area Catholic schools will accept children with no immigration status, or children of non-status immigrants. However, Ontario Law says that it is illegal to refuse a child based on their immigration status under the Ontario Education Act.

Even still, some of the answers from the school board according to the report included, “No school in Ontario will be able to accept him”, “He should require the necessary documents…it’s the law” and “He has to have [status], no school will admit him. That’s the policy of the country, he has to go back,” when asked if an imaginary non-status student could enroll.

Toronto has over 200 Catholic schools in the immediate area, only 31 of which said during the study that they would accept students without status. More than half of these schools that would accept non-status students still require certain immigration documents to register children at their schools, including passports, visas or landing papers.

A smaller portion outright denied access to education for these students, just under 30 per cent. More interestingly, over half of the schools said they had no idea whether or not students with no status could enroll in their schools.

At our office we are approached by many parents without immigration status in Canada who have children facing challenges in enrolling at school. If appropriate we suggest that the family apply for Canadian permanent residence under the Humanitarian and Compassionate category. While this application is pending, we often will write a letter to the school advising that the family’s application is in process. This sometimes goes a long with the school administrators.

However, we always advise that students without legal status in Canada are not permitted to study in Canada without a study permit. So the best solution is to apply for a study permit for these children. Easier said than done especially in cases where they have living in Canada many years without status.

Toronto is a great place live. Many native Torontonians sadly take our fair city for granted.  Sometimes it take recent immigrants to remind us about how good we have it. Many immigrants have come from places which are lacking in basic infrastructure, culture and general standard of living. They cherish their new found home and remind us vets of why Toronto is a major immigration destination worldwide.

True, Toronto, while like many large cities has its share of problems: high taxes, pollution, congestion etc. However, unlike many of its counter-parts, Toronto has some unique benefits not found in other North American cities. So let’s highlight our “Toronto Top Ten:”

1. Residential Neighborhoods in the heart of the city. What city boasts residential real estate next to city living? Unlike places like New York you can have it both ways in Toronto. Big cities, good schools and parks rolled into one.

2. Low Crime Rate: Toronto is known for its low crime. When a violent crime occurs it makes the news–usually the front page.

3. Harmonious multicultural population. So many people from different backgrounds all living and working together. If only the rest of the world was like that.

4. Economic hub. Here’s where the merger and acquisitions, head offices, and big law firms reside. (too many lawyers: mmm, maybe that’s not a good thing)

5.  Great cuisine and entertainment. Next to New York, Los Angeles, and London, Toronto is the largest centre for the Arts in the world. The Toronto Film Festival attracts the “IT crowd” from Hollywood every year.

6. Cheap Residential Real Estate. Ok I am going to get a lot of flack for this one. But when compared to other cosmopolitan cities, Toronto housing prices are indeed more affordable. Believe it or not.

7. Government stability. Again a controversial one. But compared to other places especially outside the US and Canada, Toronto is virtually corrupt-free.

8.  A true cosmopolitan city. Toronto’s multiculturalism combined with its economic clout translates into a world class affair on the scale of New York, Paris and London.

9. Stable Climate. Yes its cold in the winter and humid in the summer here. But hurricanes, tsunamis  and earthquakes are things virtually foreign to Torontonians. Let’s keep it that way.

10.  People. After all a city is it’s people. Torontonians are busy; they are rushed and sometimes reserved. But they are nice to the core, tolerant and accepting. Smile and they will smile back

Our immigration law firm has a YouTube Video channel that features our lawyers discussing the various aspects of Canadian and US Immigration Visas and applications.  You can also access some of our immigration videos directly on our website here

Online videos are becoming an increasingly popular medium for disseminating information. Enjoy the videos!

Sometimes it is important it take a step back and gain some perspective about why we do what we do. As immigration lawyers, we handle thousands of immigration and visa applications. There are a lot of technical issues to think about on a daily basis in order to properly process these applications. To do our job we have to consult the immigration regulations and manuals to make sure things go smoothly. Often I think about what is behind all these rules and regulations etc. The answer is more “big picture stuff” like demographics, policy and politics. Below is some perspective on the “big picture” that may help answer some questions about the why things are the way they are in the context of Canadian immigration.  

The population shortage in Canada has led to a very positive attitude towards enticing immigrants to live and do business in the Great White North. After World War II,  Canada accepted large numbers of refugees, known then as “Displaced Persons,” from destroyed European countries. They were Italians, Poles, Czechs, and others who wanted to be accepted in a country without war, where they could build a new life.

Life was and is comparatively good in their new home: Canada is a top-ranked country, often reaching the number one place to live in the world based on key measures. Universal health care is a major benefit, with basic access for all. The environment is cleaner than other places, the education system is excellent, neighborhoods are generally safe, and there’s overall racial harmony and equality in the workplace. It goes without saying that nobody is considered a target because of where he or she from.

That tradition has brought a wide diversity of ethnic communities; thirty-six separate ethnicities have populations of over 100,000 in Canada. Almost every country in the world is represented within the population.

Decades later, the population is still shrinking at a rate of 1.5% so hard-working new citizens are needed to make the economy work. The economic class of immigrants is desirable to bring money and skills into the country. Someone moving here to work is expected to have money to survive for six months. Entry to Canada usually starts with a temporary residence in Canada such as work permit or visa applications, which later can lead to Canadian permanent resident status. There are thirty-eight skilled job classificationspursued by Immigration Canada as worthy of fast-track processing under the Skilled Worker Category.

There is a liberal policy to allow Family Class immigration to Canada. This is generally the easiest way to qualify for an immigrant visa. And once a person is a Canadian permanent resident it can be a fairly straightforward matter to bring certain relatives into the country. There may of course be complications which have to be assessed and managed by an immigration lawyer.

Another category for Canada Immigration is for Business Immigrants or for the Business Class, where an applicant typically immigrant owns at least a third of a business and has $300,000 in business assets. This is category is called Entrepreneur. The intent is to create new jobs for Canadians, thus stimulating the economy. The government needs taxpayers so this plan looks good on paper. In practice this can lead to abuse and it results in financial loss without the government realizing it.

There is also the Immigrant Investor Category where the applicant is required to have a net worth of at least $800.000Cnd and make an investment of $400,000Cnd for a 5 year period. This amount can be financed under certain conditions.  

In terms of statistics regarding the various immigration categories, here is a breakdown for a four-year period (2004-2008) of new residents to Canada: Family Class 65,567; Economic Immigrants 149,072; Refugees 21,860; other immigrants 10,742 – for a total of 247,243 people who have gone through the process in the last four years. Almost ten percent of those granted entry were refugees. Many who show up to claim refugee status remain in the country even if their claim is rejected. This is caused by a poorly-defined screening process that has resulted in tens of thousands of warrants and deportation orders (which are not usually enforced).

When dealing with governments it is always best to use the services of an immigration lawyer who deals in Canadian Immigration matters so that the correct procedure is followed the first time. Any mistake can force the applicant to begin all over again or worse, get a refusal from Canada Immigration. Therefore it is often  hiring a professional avoid lengthy delays in reprocessing or appealing. The immigration lawyer will know the most appropriate form to expedite the application. The odds are definitely in favor of the immigrant who knows where he or she going in terms of paperwork or procedure.

Q.  My family intends to apply for Permanent Residence and we are deciding whether or not we should hire an immigration lawyer to represent us. What are the pros and cons?

_____________________

A.  The question as to whether to retain the services of an immigration lawyer to help you with your immigration or visa application is of course a personal one. However, having being involved with thousands of immigration and visa applications over the years, I can tell you that all to many applications are refused, delayed and mishandled by just about everyone involved in the process from the government authorities to the applicants themselves.

The role of an immigration lawyer as I see it is to facilitate the immigration application process to its conclusion, making the procedure as “painless” as possible. Further where an immigration or visa application is refused, the lawyer should vigorously fight for his or her client’s rights where there is a chance to overturn the decision on appeal.

Moving to or working in another country is a major and sometimes life changing decision. Getting it right is obviously important. In a perfect world, it would be nice to just fill out a form, submit it and wait for your Visa. The immigration system is, unfortunately, far from perfect–despite what you may be lead to believe.

Even Citizenship and Immigration Canada (CIC) itself sadly contributes to the “myth” of easy access. The first page of their website discusses the need to hire legal counsel for the immigration process. Their message is beware of fraud and that special treatment will not be given to you just because you hired a lawyer.

While it is true that applicants should be careful about who they hire to represent them and to always check their representative’s credentials, hiring a competent immigration lawyer certainly helps more than hurts! I think CIC is doing a disservice to applicants and their families by skewing the message here. In fairness, CIC should also publish their immigration refusal rates on their home page which would reveal the real picture.  Many of our cases deal with immigration application refusals from people who decided to go it alone thinking that the government is on their side; that all they have to do is follow the instructions on the website or application kit and pay a filing fee. Again we do not live in a perfect world. Application decisions are made by real people not computers.

The message here is hiring an immigration lawyer is up to you. But all told, the pros in doing so certainly outweigh the cons.