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e-5143 (Citizenship and immigration)

E-petition
Initiated by Andre Yves Cloutier from Windsor, Quebec

Original language of petition: French

Petition to the House of Commons

Whereas:
  • The motion of November 27, 2006, declares that the House of Commons recognizes that the Québécois form a nation;
  • The family reunification thresholds imposed by Quebec and implemented by Immigration Canada cause unfair delays for Quebec sponsors and Canadian citizens;
  • Section 15 of the Canadian Charter of Rights and Freedoms prohibits discrimination based on national origin; and
  • Sponsors are unfairly deprived of being reunited with their spouse within a reasonable time frame due to their Quebec nationality.
We the undersigned, sponsors and citizens of Canada and Quebec, call upon the House of Commons in Parliament assembled to rule on the constitutionality of the thresholds for family reunification in Quebec and of all statutes and/or administrative measures causing delays of 38 months for the sponsorship of a spouse or partner in Quebec; to declare that obtaining a CSQ (Certificat de sélection du Québec) is a discriminatory measure based on Quebec nationality when CSQs are limited by thresholds; and to establish a comparable and equal procedure for processing applications in relation to other Canadian provinces, given the nature of the sponsorship and the Canadian citizenship of the sponsors.

Response by the Minister of Immigration, Refugees and Citizenship

Signed by (Minister or Parliamentary Secretary): Paul Chiang, M.P.

The Government of Canada has made progress on its commitment to reunite families by modernizing processing, increasing transparency and implementing policies to bring families together sooner. Immigration, Refugees and Citizenship Canada (IRCC) has taken several steps to accelerate and streamline processing, including file digitization, remote processing of applications, online portals and an increase of decision-makers. 

In addition, in May 2024, IRCC implemented improvements to processing for spousal permanent resident applications by expanding its use of advanced analytics and other automated technology to overseas spousal and partner applications. This expands on existing automated tools to process in-Canada spousal permanent resident applications.

As of September 2024, processing times for spouse, partner and children permanent resident applications (excluding Quebec) are approximately 12 months (overseas stream) and 8 months (in-Canada stream). Processing times for spousal permanent resident applications destined to Quebec are approximately 26 months (overseas stream) and 22 months (in-Canada stream).

Alongside measures to speed up the processing of spouse and partner permanent resident applications, in May 2023, new measures were announced to strengthen family reunification. This included faster temporary resident visa (TRV) processing times for eligible spousal and partner permanent resident applicants; new and dedicated processing tools for spousal and partner TRV applicants; an open work permit for in-Canada spousal and partner applicants; and open work permit extensions for open work permit holders expiring between August 1 and December 31, 2023. These new measures apply to all eligible applicants, regardless of their province of destination. IRCC endeavours to process spousal and partner TRV applications as quickly as possible. However, some applications may take longer to process to maintain the integrity of the immigration system.

Applications destined to Quebec

Processing times for family class applications destined to Quebec are different than those destined for the rest of Canada. This is because, under the Canada-Quebec Accord relating to Immigration and Temporary Admission of Aliens (the Accord), Quebec provides the number of immigrants it wishes to be admitted to Quebec each year, including those coming under the family class, and the Government of Canada takes this number into account in our Immigration Levels Plan. In recent years, the number of family class applications from citizens or permanent residents residing in Quebec has exceeded the number of family class admissions planned by Quebec, leading to longer processing times than in the rest of Canada.  

Under the Accord, the province of Quebec has the exclusive authority to determine the financial criteria and assess the financial capacity of sponsors in the family class. Therefore, the application process requires an assessment by both IRCC and the Quebec Government’s Ministère de l’Immigration, de la Francisation et de l’Intégration (MIFI). Family class sponsors must submit an application to MIFI to obtain a sponsorship undertaking. If MIFI grants the undertaking, it issues a Certificat de sélection du Québec (CSQ, Quebec Selection Certificate) to the person(s) being sponsored. In addition to providing the number of immigrants it wishes to be admitted to Quebec each year, Quebec determines how many applications for undertaking it will accept in a given period. Without a MIFI approved sponsorship undertaking, in which the CSQ is issued to the sponsored foreign national, IRCC is unable to finalize the application.

Through the Accord, the Government of Canada and the province of Quebec have a long history of collaborating to advance shared and respective immigration priorities and will continue to do so. In order to harmonize processing times and reunite families faster, the Minister of Immigration, Refugees and Citizenship Canada informed MIFI in March 2024 that IRCC would process family class applications with a CSQ in accordance with levels space with the potential to exceed Quebec’s immigration targets. In response, the Minister of Economy, Innovation and Energy announced that Quebec will restrict the number of CSQs issued to family class applicants to a maximum of 13,000 until mid-2026.

IRCC is dedicated to bringing families together in Quebec more quickly and will continue to work with the Government of Quebec to align demand and their allotted levels space to help reunite these families faster.

Open for signature
September 20, 2024, at 2:33 p.m. (EDT)
Closed for signature
October 20, 2024, at 2:33 p.m. (EDT)
Presented to the House of Commons
Alexandre Boulerice (Rosemont—La Petite-Patrie)
October 23, 2024 (Petition No. 441-02727)
Government response tabled
December 6, 2024
Photo - Alexandre Boulerice
Rosemont—La Petite-Patrie
New Democratic Party Caucus
Quebec