Delays could force Hong Kongers to leave
Some applicants have lost jobs, health-care coverage during lengthy wait for permanent residency
Kenny Tong hatched a meticulous plan for his family’s escape from Hong Kong as soon as Beijing introduced a wide-ranging national security law to put a choke hold on dissidents.
The father of two took the language test, obtained police clearances, collected work reference letters, set aside savings and applied to various universities in Canada. He settled his family in Vancouver in 2022 and he finished an accelerated master’s degree in data science from the University of British Columbia last June.
Seemingly the only thing that hasn’t gone as planned is the Immigration Department’s processing time of his permanent residence application. Now, the 49year-old man must weigh his options as the expiry of his temporary status in Canada is fast approaching this summer.
“My family and I have made a lot of effort reaching this stage of the journey,” said Tong, who wasn’t an active participant in the Hong Kong democracy movement but gave up a 25-year career in IT to give his children breathing room from the communists’ tightening grip.
“We’ve done virtually everything to the best of our knowledge to be where we are, but the immigration processing time is beyond our expectation and control.”
In 2021, months after a new national security law took effect in Hong Kong to crack down on prodemocracy protests, Canada rolled out two immigration pathways to welcome Hong Kong people to Canada on work and study permits that facilitate their transition to become permanent residents.
To qualify for the work permit that also allows their spouses and children to join them here, applicants must have completed a postsecondary education in Canada or other countries within the past five years. While in Canada, those who have gained a minimum one year of work experience and meet other criteria such as minimum language and education levels are eligible for permanent residence.
Those who have been out of school for more than five years can enrol in a post-secondary program as an international student and apply directly for permanent residence upon graduation.
Since the inception of the initiatives, 15,592 people have applied for permanent status, including 7,585 who came as students and 8,007 who are here on a work permit. By the end of January, a total of 7,235 have been processed, with 7,017 approved, 148 refused and 70 withdrawn; 8,357 are still in process, including Tong’s.
A survey by Canada-Hong Kong Link, a non-profit NGO, of the applicants to the special pathways in February found only seven of the 528 respondents have had their applications approved with the rest pending, while 49 have either had their temporary permits expired or expiring this month.
“We believe the purpose of the temporary policy is for freedomloving Hong Kongers to start a new life in Canada,” said Sam Choi of the Toronto-based advocacy group for democracy, freedom and the rule of law in Hong Kong.
“However, with prolonged processing time, many applicants are at risk of losing their right to stay in Canada while waiting for their PR status to be confirmed.”
While some have had their work contracts terminated, he said others have lost public health-care coverage, with children being asked by school boards to provide updated student permits, said Choi, who has been told by officials that the program’s average processing time has now reached 19 months.
“They may be forced to return to Hong Kong, which is increasingly authoritarian and unsafe,” said Choi, referring to a new round of legislation currently considered by legislators to broaden the definition of treason, espionage and foreign interference. “Many respondents felt helpless and insecure.”
Canada-Hong Kong Link is urging Ottawa to fast-track the process and automatically extend these applicants’ work permits while their applications are in process.
Tong said he had to come to Canada on a study permit because his last master’s degree was obtained in Hong Kong in 2005 and the international student tuition cost him $50,000.
Many of the international students in his accelerated program were given a three-year post-graduation work permit while he and others received ones that would last for only 10 months, with no explanation.
Tong, the sole breadwinner of the family, also worries about his 17year-old daughter having to delay her university admission this fall because they can’t afford the hefty international tuition fee.
Having to start a new life from scratch was challenging and he has had many sleepless nights since he and his wife made the plan to leavet. They submitted their work permit and permanent residence applications in June, as soon as he graduated from UBC.
“Every time we call the immigration department, they keep telling us to wait for the final decision. That’s the most frustrating, not knowing what’s going on,” said Tong, who has been employed in IT full time since September.
“Is it going to take another six months, eight months, ten months or more? We don’t know how much longer we have to wait.”