Gao Yao

New rules to maroon immigrant investors


By ROBERT MATAS
From Tuesday's Globe and Mail


POSTED AT 4:37 AM EST


New federal rules have riled thousands of well-to-do Asian immigrants,
who will be stripped of their status as permanent residents of Canada
on Jan. 1.

These so-called "astronauts," who commuted regularly between Asia and
Canada, had been recognized as permanent residents after investing
hundreds of thousands of dollars in immigration funds and settling
their families in the country.

But as of Jan. 1, they will no longer be allowed to fly freely between
their jobs in Asia and homes in Canada. Under new regulations,
permanent resident cards will only be given to immigrants who have
lived in Canada for two of the past five years.

"It's too late for many of them," said lawyer Lawrence Wong, who has
sought an injunction in the Federal Court of Canada on behalf of a
group of mostly Taiwanese businessmen to stop the government from
enforcing the new rules.

"They have no chance of meeting [the requirement]. They cannot relive
their lives for the past five years."

For many who are overseas currently, that means they cannot come home,
Mr. Wong said.

For those planning to travel overseas, the new rules also mean they
cannot return once they leave Canada, Mr. Wong said.

Many have applied for permanent residency cards based on humanitarian
and compassionate grounds.

However, the government has not allocated enough staff to process the
applications and almost all of the people in the humanitarian and
compassionate category have been stranded, Mr. Wong said.

The new rules require them to have a permanent resident card before
boarding a plane for Canada. Without the card, they cannot return,
even as a tourist.

Many families are especially concerned about whether loved ones who
work in countries such as Taiwan and China will be allowed back into
Canada for Chinese New Year celebrations on Jan. 22. Similarly, those
now making plans to visit family in Asia for the New Year are
concerned about whether they will be allowed to return to their homes
in Canada.

Many received permanent residency status in Canada after investing in
immigrant investment funds costing up to $350,000, Mr. Wong said.
Their spouses and families moved to Canada and became Canadian
citizens.

However, they remain in Asia to work or to care for sick or elderly
family members.

"They still have very strong ties with Canada," he said. "But after
Dec. 31, their visas will be no good."

Samuel Yang, 19, said he came to Canada eight years ago with his older
brother Jack and mother Janet. They are now Canadian citizens.

His father, Cheng Kang Yang, who brought his family to Canada under
the immigration investor program, lives in Taiwan.

Samuel Yang said in an interview that his grandparents, in their 80s,
are ill. His father did not want to leave them alone in Taiwan. "He
has to take care of them. They are in and out of the hospital all the
time," Samuel Yang said.

His father works part time in Taiwan and comes to Canada four times a
year, staying two weeks each visit. He would not meet the residency
requirements to qualify for the new permanent resident card. "He only
wants the permanent resident card to come to visit us," his son said.

Immigration Minister Judy Sgro did not respond yesterday to a request
for an interview.

Maria Iadinardi, a department spokeswoman for Citizenship and
Immigration Canada, said the new rules were intended to protect the
safety and security of Canadians, improve protection of privacy and
discourage identity fraud.

The new rules have a residency requirement that must be met to become
a permanent resident, she confirmed. The circumstances of those who
lose their status as permanent residents can be considered on a
case-by-case basis, she added.

She said she could not comment on a lawsuit launched by Mr. Wong on
behalf of the group of immigrants.

Mr. Wong said he has asked the court, on behalf of 46 permanent
residents, to impose an injunction to stop Ottawa from implementing
the new restrictions.

The group has also asked the court to "restrain" the federal
government from refusing to allow the permanent residents to return to
Canada on commercial airlines, or from imposing fines on airlines
bringing them into Canada without the necessary permanent residency
cards.

The court case is expected to begin early in the new year. The federal
government has not yet responded to the lawsuit, which alleges that
Ottawa imposed the new rules retroactively, creating requirements that
were impossible to meet. It also claims the federal government denied
the litigants a right they had without a fair hearing and breached its
duty to process their new applications before the Jan. 1 deadline.

Robert \

This should be good.
The rules for residency have been in effect quite some time.
If people don't want to follow the rules they must expect to pay the price.


"Gao Yao" <> wrote in message
news:...
    > New rules to maroon immigrant investors
    > By ROBERT MATAS
    > From Tuesday's Globe and Mail
    > POSTED AT 4:37 AM EST
    > New federal rules have riled thousands of well-to-do Asian immigrants,
    > who will be stripped of their status as permanent residents of Canada
    > on Jan. 1.
    > These so-called "astronauts," who commuted regularly between Asia and
    > Canada, had been recognized as permanent residents after investing
    > hundreds of thousands of dollars in immigration funds and settling
    > their families in the country.
    > But as of Jan. 1, they will no longer be allowed to fly freely between
    > their jobs in Asia and homes in Canada. Under new regulations,
    > permanent resident cards will only be given to immigrants who have
    > lived in Canada for two of the past five years.
    > "It's too late for many of them," said lawyer Lawrence Wong, who has
    > sought an injunction in the Federal Court of Canada on behalf of a
    > group of mostly Taiwanese businessmen to stop the government from
    > enforcing the new rules.
    > "They have no chance of meeting [the requirement]. They cannot relive
    > their lives for the past five years."
    > For many who are overseas currently, that means they cannot come home,
    > Mr. Wong said.
    > For those planning to travel overseas, the new rules also mean they
    > cannot return once they leave Canada, Mr. Wong said.
    > Many have applied for permanent residency cards based on humanitarian
    > and compassionate grounds.
    > However, the government has not allocated enough staff to process the
    > applications and almost all of the people in the humanitarian and
    > compassionate category have been stranded, Mr. Wong said.
    > The new rules require them to have a permanent resident card before
    > boarding a plane for Canada. Without the card, they cannot return,
    > even as a tourist.
    > Many families are especially concerned about whether loved ones who
    > work in countries such as Taiwan and China will be allowed back into
    > Canada for Chinese New Year celebrations on Jan. 22. Similarly, those
    > now making plans to visit family in Asia for the New Year are
    > concerned about whether they will be allowed to return to their homes
    > in Canada.
    > Many received permanent residency status in Canada after investing in
    > immigrant investment funds costing up to $350,000, Mr. Wong said.
    > Their spouses and families moved to Canada and became Canadian
    > citizens.
    > However, they remain in Asia to work or to care for sick or elderly
    > family members.
    > "They still have very strong ties with Canada," he said. "But after
    > Dec. 31, their visas will be no good."
    > Samuel Yang, 19, said he came to Canada eight years ago with his older
    > brother Jack and mother Janet. They are now Canadian citizens.
    > His father, Cheng Kang Yang, who brought his family to Canada under
    > the immigration investor program, lives in Taiwan.
    > Samuel Yang said in an interview that his grandparents, in their 80s,
    > are ill. His father did not want to leave them alone in Taiwan. "He
    > has to take care of them. They are in and out of the hospital all the
    > time," Samuel Yang said.
    > His father works part time in Taiwan and comes to Canada four times a
    > year, staying two weeks each visit. He would not meet the residency
    > requirements to qualify for the new permanent resident card. "He only
    > wants the permanent resident card to come to visit us," his son said.
    > Immigration Minister Judy Sgro did not respond yesterday to a request
    > for an interview.
    > Maria Iadinardi, a department spokeswoman for Citizenship and
    > Immigration Canada, said the new rules were intended to protect the
    > safety and security of Canadians, improve protection of privacy and
    > discourage identity fraud.
    > The new rules have a residency requirement that must be met to become
    > a permanent resident, she confirmed. The circumstances of those who
    > lose their status as permanent residents can be considered on a
    > case-by-case basis, she added.
    > She said she could not comment on a lawsuit launched by Mr. Wong on
    > behalf of the group of immigrants.
    > Mr. Wong said he has asked the court, on behalf of 46 permanent
    > residents, to impose an injunction to stop Ottawa from implementing
    > the new restrictions.
    > The group has also asked the court to "restrain" the federal
    > government from refusing to allow the permanent residents to return to
    > Canada on commercial airlines, or from imposing fines on airlines
    > bringing them into Canada without the necessary permanent residency
    > cards.
    > The court case is expected to begin early in the new year. The federal
    > government has not yet responded to the lawsuit, which alleges that
    > Ottawa imposed the new rules retroactively, creating requirements that
    > were impossible to meet. It also claims the federal government denied
    > the litigants a right they had without a fair hearing and breached its
    > duty to process their new applications before the Jan. 1 deadline.