Hong Kong Immigration to Canada

On June 30, 2020, a national security law for Hong Kong was passed by China, sparking a wave of arrests of Hong Kong residents such as democracy activists, former lawmakers, district councilors, and pro-democracy journalists and publishers.

In a recent report by the BBC, the UK’s new Prime Minister, Liz Truss asserted that the authorities have cracked down on free speech, free association, and free press since the national security law was passed.

For this reason, the government of Canada launched a range of programs specifically for Hong Kongers. These special programs go beyond Canada’s existing immigration programs that are available to all foreign nationals including Hong Kong residents.

A designated learning institution (DLI) is a school that is approved to accept international students for study programs by a provincial or territorial government in Canada.

Prospective international students may apply for study permits only after they have gotten offers of acceptance from such institutions.

All primary and secondary schools in Canada are approved as designated learning institutions (DLI) but not all post-secondary institutions. Applicants must make sure they only attend a post-secondary institution that is on the list of DLIs.

Post-Secondary Education

Stream A (In-Canada graduates) applicants must provide a copy of their diploma or degree and final transcripts. These must prove that they graduated from a DLI in Canada in the last three years.

If they hold a diploma or certificate from a graduate or post-graduate program, they must include both of the following:

• Proof that the program required them to have a post-secondary diploma or degree as a prerequisite, such as a copy of the school’s website showing all the prerequisites or a letter from the school listing the prerequisites required.
• A copy of their post-secondary diploma or degree and final transcripts showing that they graduated no more than 5 years before the start of their graduate or post-graduate program.

Stream B (Canadian work experience) applicants must provide a copy of their diploma or degree and final transcripts. These documents must show that they graduated in the last five years

Applicants who hold a diploma or certificate from a graduate or post-graduate program must include:

• Proof that the program required that they have a post-secondary diploma or degree as a prerequisite, such as a copy of the school’s website showing all the prerequisites or a letter from the school.
• a copy of their post-secondary diploma or degree and final transcripts showing that they graduated no more than five years before the start of their graduate or post-graduate program

Applicants who graduated from a non-Canadian school must obtain an educational credential assessment (ECA) as substantial proof that their post-secondary studies are equivalent to a Canadian post-secondary diploma or degree.

Intent to live outside Quebec

Applicants must prove their intent to live outside Quebec by providing either a detailed statutory declaration showing where they intend to live and why or documents revealing the ties they have to the province or territory they intend to live.

Canadian work experience (for stream B applicants only)

Applicants must show proof for each job they listed in their application. This could be a valid letter from their employer showing substantial information about the job.

Fee Payment

Applicants are advised to pay the right of permanent residence fee together with their application fees to avoid delays in their application. The fees apply to them and anyone else they include on their application.

They should also check the application guide to know which fees they must pay. Payments are to be made online.

Applicants may use personal debit, credit, or prepaid cards or otherwise. If applicants pay before they apply and cannot submit the application because the stream reached its limit, they can request a refund.

If an application is successfully submitted and it is refused for any reason, only the fee for the right of permanent residence will be refunded. Applicants should remember to include all their receipts in the application.

Application Submission

Applicants must upload or scan all forms and documents, preferably in the order they appeared on the checklist, to their ePost account.

If applicants completed their application, submitted all required documents, meet all requirements, and paid all fees, they will then be asked to provide their biometrics along with those they included in their application.

They will also be asked to complete a medical exam, along with everyone they include on their application. Applicants and family members included in their application will be sent medical forms and instructions on finding doctors who are approved to carry out immigration medical exams.

Applications may be delayed if:

• There are any criminal or security problems or need for more background checks.
• The application was not clear regarding their family situation for issues such as divorce, an incomplete adoption, or unresolved child custody issues).
• The processing office has to contact other IRCC offices in or outside Canada to confirm the information given.

The possible outcomes of applications for permanent residency are:

• Approval of application– As evidence that they have been approved to become Canadian permanent residents, successful applicants would be issued a confirmation of permanent residence document.
• They would also be mailed their permanent resident (PR) card through the mailing address they specify.
• Refusal of application– If the application is refused, applicants will be sent a letter that explains the reasons behind the refusal.

The following are further measures implemented by the Canadian government to support Hong Kongers:

• IRCC has been providing passports or travel documents to Canadian citizens and permanent residents who wish to return home.
• Application processing fees have been waived temporarily for Hong Kong residents in Canada who choose to apply to renew their status and extend their stay.
• Promotion and recruitment efforts have been increased to attract Hong Kong youth to study in Canada and to other program areas, including International Experience Canada.
• Information sessions on pathways to Canada, including special measures, are provided by the Consulate-General in Hong Kong on a bi-weekly basis.
• Promotion of super visas, which are multi-entry visas for parents and grandparents that allow for multiple entries to Canada, up to 2 years at a time for a validity period of up to 10 years.
• Resources have been directed to speed up the 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.
• We have been 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 implemented an exemption to the 12-month bar on a pre-removal risk assessment (PRRA) for Hong Kong residents who received a final negative decision from the Immigration and Refugee Board of Canada or the Federal Court, or a final PRRA decision from Immigration, Refugees and Citizenship Canada (IRCC) on or between November 13, 2019, and November 12, 2020.