Studying the shifting sands of immigration laws

Covid-19,” according to the New Zealand Immigration website.

Furthermore, the selection of expressions of interest applicants for the skilled migrant category resident visa and the parent resident visa has been postponed; so with the working holiday visas until further notice.

For those already in the country, specifically those on the uncapped working holiday visas, those applying under United Kingdom, Germany and the United States schemes, remain open.

In all these five Desti-nations, tourists, working and immigrant visa applicants should not expect a welcome sign as opposed to the red-carpet treatment for international students.

Working visa applicants are seen as competitors for whatever jobs are available during the recovery period. Immigrants are likewise frowned upon because, as legal permanent residents, they do not need work permits. Employment authorization comes with the permanent resident card. Immigrants, therefore, actively compete or employment in a tight job market.

In-country presence awarded to 90,000 plus

The scant number of working holiday visa holders in New Zealand, who stand to benefit from being in the country when the pandemic struck, is dwarfed in comparison to the 90,000 permanent residency visas offered by Canada to international students and temporary workers who are already in the country.

Last week, Canadian Immigration Minister Marco Mendecino announced, “an innovative pathway to permanent residence for over 90,000 essential workers and international graduates who are actively contributing to Canada’s economy.”

The public policies issued with the announcement confirms Canada “will grant permanent status to temporary workers and international graduates who are already in Canada and who possess the skills and experience we need to fight the pandemic and accelerate our economic recovery.”

International students per se do not stand to benefit, particularly the overseas study permit applicants.

To be eligible, “workers must have at least one year of Canadian work experience in a health-care profession or another preapproved essential occupation. International graduates must have completed an eligible Canadian postsecondary program within the last 4 years, and no earlier than January 2017.”

The program is effective on May 6, 2021 and will remain open until Nov. 5, 2021 for applications under the following three streams:

— 20,000 applications for temporary workers in health care

— 30,000 applications for temporary workers in other selected essential occupations

— 40,000 applications for international students who graduated from a Canadian institution

Dreamers get new lease in life

Across the border to the South, Dreamers in the United States get a new lease in life, too.

On Jan. 24, 2021, President Joe Biden issued an executive order calling on the Secretary of Homeland Security to “take all appropriate actions to preserve and fortify” DACA.

To fortify the executive order, Biden threw his support behind a bill — the “American Dream and Promise Act of 2021” as a critical first step in reforming the US immigration system while bringing “much-needed relief as well to those in temporary protective status and undocumented agricultural workers.

The bill imposes various qualifying requirements, such as the alien being continuously physically present in the United States since Jan. 1, 2021, passing a background check, and being enrolled in or having completed . . . at least a high school diploma or an equivalent in the United States, or are currently in the process of earning a high school diploma or an equivalent.”

In America’s case, the Dreamers compete for academic programs with international students. Deemed as residents in the state where they are, Dreamers would be paying less than what international student shell out.

The Migration Policy Institute estimates there are about 10,977,000 undocumented in the United States. Of this number, approximately 3,753,000 have been in the US for a minimum period of 10 years or more.

As such, a significant number of them may qualify for adjustment of status as spouses of US citizens or lawful permanent residents (green card holders), or be granted relief through the cancellation of removal route.

An undocumented alien under a deportation or removal order may be asked to have such removal order canceled if he or she can establish in a hearing before an immigration judge that prior to the deportation process, the alien (now called lawful prospective immigrant, or LPI) has “maintained continuous physical presence in the United States for 10 years or more, has been a person of good moral character and most importantly, the removal would result in exceptional and extremely unusual hardship to the LPI’s United States citizen or lawful permanent resident spouse, parent, or child, therefore, a favorable exercise of discretion on the application is sought.”

The moral of the story: it is better to be in country even given the shifting sands of immigration laws.

And international students are first in line.