Canada remains concerned about the situation in Hong Kong following the implementation of the National Security Law.
With many Hong Kong residents casting their eyes abroad, Canada should be a top destination of choice for them to study, work and settle. We recognize their skills and education, and they would be assets to Canada’s economy.
Supplementary Messages
Measures For Hong Kong Residents
On November 12, 2020, new measures were announced to support Hong Kong residents, Canadians and permanent residents in Hong Kong, including a new 3-year open work permit and two new pathways to permanent residence. These new measures are in addition to existing work and study options, and existing permanent resident pathways.
New open work permit:
The new work permit initiative specific to Hong Kong young adults provides open work permits of up to 3 years to those with recently completed post-secondary, graduate and post-graduate studies in the last 5 years and eligible accompanying family members. This new measure was launched on February 8, 2021.
From its launch to September 30, 2022, approximately 17,560 work permit applications have been approved under this public policy.
Two new permanent resident pathways:
Canada created two new pathways to permanent residence, which were put in place on June 1, 2021.
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, graduate or post-graduate credential.
The second pathway targets former Hong Kong residents who have gained a minimum of 1 year of full-time authorized work experience in Canada and graduated in or outside Canada in the past 5 years with a degree, diploma, graduate or post-graduate credential.
From its launch to September 30th, 2022, 1,638 applications have been approved for these pathways.
Taken together, these measures represent a significant expansion of the opportunities for Hong Kong residents to come to Canada.
Responsive – if asked about extending the open work permit public policy
IRCC is reviewing the potential extension and expansion of the open work permit initiative, which is currently in place until February 7, 2023. IRCC will undertake a fulsome analysis of stakeholder perspectives and the ongoing situation in Hong Kong before making a final determination on this matter.
Responsive – if asked about the 5 year post-secondary graduation work back requirement for the open work permit and stream B of the permanent residence pathways
With many Hong Kongers casting their eyes abroad, Canada should be a top destination of choice for them to study, work and settle. We recognize their skills and education, and they would be assets to Canada’s economy. The two new pathways to permanent residence are intended to attract recent Hong Kong graduates and those with essential work experience who can help drive our economy forward.
While we understand that this will not capture all those who would like to leave Hong Kong due to their current challenging situation, the objective of this pathway is to focus on facilitating permanent residence for skilled Hong Kong young adults.
In addition to these special pathways, it is possible for all Hong Kong residents to apply to immigrate using an existing immigration program, including under one of the economic immigration programs or by applying to reunite with a family member.
Protection Measures for Hong Kong Residents
Individuals who have fled their home country and have no other durable solution may be referred to Canada for resettlement by the UN Refugee Agency or Canadian private sponsors.
The 1951 Refugee Convention and Canadian regulations require that foreign nationals be outside their home country in order to be eligible for resettlement. Canada does not, therefore, accept resettlement applications at the mission in the country of alleged persecution.
Like all foreign nationals who are in Canada, Hong Kong residents have access to the asylum system. Individuals who are eligible to make a claim are referred to the Immigration and Refugee Board of Canada (IRB). This is an independent, quasi-judicial tribunal that decides whether or not an individual is in need of protection, based on the merits of their case.
The IRB has identified claims from Hong Kong for triage as part of its Task Force on Less Complex Claims. This means that the IRB is 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. No claim is denied without a hearing. If there are more complicated questions of credibility or identity, then such cases will not be addressed as a less complex claim.
In most cases, an individual can appeal a negative decision on their asylum claim to the Refugee Appeal Division within the IRB. They may also be able to ask the Federal Court to review a negative decision.
Should these recourse options be exhausted, individuals from Hong Kong are eligible to apply for a pre-removal risk assessment.
Human rights defenders at risk
Canada is concerned by the risks that human rights defenders face all around the world. 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.
On June 16, 2021, the Government of Canada launched a dedicated refugee stream to provide safe haven to human rights defenders at risk, for a total of up to 250 persons annually, including family members. This commitment is over and above existing refugee resettlement targets.
Security Screening and Criminal Inadmissibility
All visitors (including temporary foreign workers and international students), permanent residents and refugees are carefully screened before coming into Canada. This screening ensures that these persons do not pose a threat to the safety, security, or health of Canadians.
IRCC’s highly trained migration officers conduct screening of all permanent and temporary resident applications against departmental databases and risk indices before issuing immigration documents. IRCC works closely with our Public Safety partners to carry out the screening process.
Should issues arise while foreign nationals are in Canada, investigation of criminal offences conducted on Canadian soil by foreign nationals is a matter for law enforcement. However, if a foreign national is charged, arrested or convicted of serious offences in Canada, or is found to have engaged in acts of espionage against Canada or its interests, they may be found to be inadmissible to Canada. They may face legal punishment or jail time in Canada; have their visa canceled; or be issued a deportation order or removed from Canada.
The Minister of Public Safety has responsibility over the provisions for inadmissibility on national security grounds, including espionage, and for immigration enforcement, including removing foreign nationals. Further questions on these matters should be referred to the Minister of Public Safety or to CBSA officials.
[If pressed on assessment of politically-motivated charges – in particular linked to Hong Kong]
Foreign nationals who are charged or convicted of an offence outside Canada are not automatically barred from entering or remaining in Canada. Inadmissibility decisions are made on a case-by-case basis. Foreign convictions are examined to see whether the act committed would have been an offence under Canadian laws if they had occurred in Canada. For example, peaceful protesting does not constitute a crime in Canada.
A foreign national who was charged or convicted under the new National Security Law in Hong Kong would be examined for possible inadmissibility on both criminality grounds as well as security grounds. However, no one will be disqualified from coming to Canada by virtue alone of having been charged under the National Security Law, although it would be taken into consideration.
Background
National Security Law for Hong Kong and Canada’s immigration related response
On June 30, 2020, the Standing Committee of the National People’s Congress passed the controversial “Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative region”, generally referred to as the National Security Law. The law criminalizes secession, subversion, terrorism and colluding with foreign forces. The law also grants jurisdiction over some cases to mainland authorities, meaning some cases may be tried and served in the mainland.
Since it was passed, several waves of arrests have taken place. Notably, on January 5, 2021, 53 former lawmakers, district councilors and democracy activists were arrested under the national security law on charges of subversion in relation to organizing and/or participating in the pan-democrat primaries ahead of the postponed September 2020 Legislative Council election.
On November 12, 2020, previous IRCC 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.
IRCC launched the Hong Kong Open Work Permit scheme on February 8, 2021. The measure is available to Hong Kong residents who are both in-Canada and abroad, and allows Hong Kong residents who have completed post-secondary studies in the last five years to access an open work permit to live and work anywhere in Canada. On June 8, 2021, this measure was expanded to include those with graduate or post-graduate studies, where the program length is a minimum of one year and a post-secondary degree or diploma is a prerequisite.
In addition to existing permanent residence streams that are available to Hong Kong residents, a public policy creating two new pathways to permanent residence was put in place on June 1, 2021, and is in effect until August 31, 2026.
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, 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).
The second pathway targets former Hong Kong residents who have gained a minimum of 1 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 3 years and graduated in or outside Canada in the past 5 years with a degree, diploma, 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.
Since the Hong Kong Special Measures (HKSM) were announced in 2021, the IRCC office in Hong Kong has ensured timely visa application processing for both temporary and permanent resident applicants who meet the HKSM.
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 is unknown, but could 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 continues to work with our likeminded partners to ensure the rights and safety of dual nationals in Hong Kong are protected.
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. If needed, Global Affairs Canada and IRCC are well placed to manage any increase in applications.
Security Screening and Criminal Inadmissibility
All persons seeking to enter or remain in Canada must be admissible to Canada and must meet the temporary and/or permanent residency requirements, as set out in the Immigration and Refugee Protection Act and Regulations.
An important part of the admissibility assessment is the security screening process, which checks that the applicant:
has not committed crimes that would bar their entry to Canada;
does not pose a risk to Canada’s security;
is in good healthFootnote 1 and does not pose a public health risk (a medical examination may be required);
has not violated human or international rights;
is not involved in or a member of organized crime;
has a valid passport or travel document; and
has not violated the Immigration and Refugee Protection Act.
Foreign nationals may be found criminally inadmissible to Canada if:
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
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].
Immigration officers determine if there is an equivalent offence in Canada for the act committed. If there is no equivalent offence the individual would not be inadmissible for having committed or being convicted for that offence.
IRCC relies on key security partners to provide their security screening analysis to inform the IRCC decision maker.
Criminal Offenses and Inadmissibility Inside Canada
The Royal Canadian Mounted Police, or local police forces, are responsible for investigating allegations of criminal activity in Canada.
The Canada Border Services Agency is responsible for immigration enforcement, including the removal of inadmissible foreign nationals.
A foreign national loses temporary resident status when an officer or the Immigration and Refugee Board has determined they failed to comply with the Immigration and Refugee Protection Act and issues a removal order. Once a removal order comes into force (and is not stayed by a judicial decision), the foreign national must leave Canada immediately.
For example, if a foreign national is convicted of a certain offences in Canada or is found to have engaged in acts of espionage against Canada or its interests, they would be inadmissible. They may be issued a deportation order, removed from Canada and have their visa or electronic travel authorization cancelled.