It has been eight months since Anu Segal gave birth to her baby boy – but she has been waiting for Canada to allow her to take him home.
The 39-year-old permanent resident of Toronto gave birth to her little boy in India last year, but despite following all the right processes, she has not yet been able to bring him home.
Now, after numerous inquiries to the federal government with a little return, Segal wonders if moving to Canada is the right choice for her and her family.
“That was my main motive: to move here for a brighter future [my] children, “she told CBC News.” I never thought this would be such a problem. “
Segal received his permanent residence in 2019. He originally planned to immigrate to Canada in 2020, but then the pandemic struck.
Another problem occurred last year: Sehgal contracted COVID-19 in India. Her doctors advised her to avoid traveling, so she gave birth to a baby there, which further delayed her relocation.
She finally arrived in Canada last March, leaving the baby and her husband, who has not yet applied for residency in Canada. The hope was that until she arrived, her son’s application for temporary residence would be approved.
Was not. Last month, she decided to apply for permanent residence for her baby, hoping to increase her chances of getting an answer.
The case had to be expedited, some lawyers say
Immigration attorneys say Segal’s pleas should have been easy to expedite for compassionate reasons, but they could fall through the cracks of a backward and inefficient immigration system that is being exacerbated by COVID-19.
As of May, the IRCC said there were approximately 2.2 million applications for citizenship, temporary and permanent residence waiting to be processed – about one million more than before the pandemic, according to the Canadian Association of Immigration Lawyers (CILA).
Immigration lawyers Ravi Jane, left, and Adrien Smith, right, say COVID-19 has worsened immigration deadlines and the system is still trying to catch up. (Jain Immigration Law and Battista Smith Migration Law Group)
“Why don’t you issue a business card temporarily so the family can reunite?” Said immigration attorney Adrien Smith, who works with the Toronto-based Battista Smith Migration Law Group.
According to Canada’s website on immigration, refugees and citizenship, the average time to process an application for a temporary visa for an Indian is just over four months.
In an email to CBC News, IRCC spokesman Nancy Karen said the ministry processed 80% of permanent residence applications for family sponsorship within 12 months and welcomed more than 405,000 new residents last year alone. This is the largest annual number of newcomers in Canada’s history, according to the IRCC.
But Smith says cases like Sehgal can create a vicious circle: the more candidates follow and ask for their applications, the longer it can take to process them, because immigration officials have to deal with these follow-ups, splitting their time between answering inquiries and processing applications.
She also says lawyers will turn to federal court to intervene in particularly serious cases that could strain resources even more.
Processing applications in a timely manner would “remove the pressure on everyone,” she said.
“People are losing faith in our immigration system”
Ravi Jane, a member of CILA, says immigration lawyers formed the group last year to find ways to improve the way Canada treats immigrants. He believes that if the system is allowed to remain as it is, it will continue to disappoint both newcomers and Canadians.
“I’m not just worried about the reputation of foreigners. It also leads to a loss of faith in our immigration system.”
In an IRCC statement, Caron said that during the pandemic, the department had “prioritized the processing of temporary residence visas for key workers” and family reunification, but has since returned to standard processing times.
Karen says the IRCC is using $ 85 million in additional federal funding to reduce the backlog of applications by hiring new staff to process and digitize applications, among other measures. That’s in addition to the $ 2.1 billion the federal government has pledged to help process and resettle permanent residents over the next five years.
But Jane says there needs to be more transparency in the timing of IRCC processing, applications and reasons for refusals, and better planning for emergencies that may affect processes such as COVID-19.
“It’s not good enough to say …” We spend all that money. We hire all these people, “he said.
“You guys didn’t turn around, and you’re responsible.
I’m looking for answers
Segal, meanwhile, says separating from her son has led to a diagnosis of depression. She says she is taking medication and seeking counseling.
She is also considering legal advice and assistance from immigration counselors to find the best way forward.
Segal wonders what would have happened if she had been able to give birth in Canada, or if she had made the same choice, knowing that bringing her family to their new home would be such a struggle.
“I don’t think I would have the courage … if I knew my baby wouldn’t be able to come.”
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