Quebec accuses many immigrants of lying about their language skills and fails them in an oral interview, despite proof that they have already passed the required level in French, has learned The duty. Several of them can even be “banned for five years” from the Quebec selection process, denounce lawyers.
The latter – and their clients – deplore what they describe as relentlessness on the part of the Ministry of Immigration, Francisation and Integration (MIFI). “Quebec is looking for innovative ways to torture people, people who have the misfortune to be called in for an interview to have their level of French assessed,” drops David Chalk, an immigration lawyer, some of whom customers were turned down.
The duty spoke in French, both orally and in writing, with several candidates for immigration who do not have French as their mother tongue and who were called for an interview. He preserves their anonymity so as not to harm their efforts.
Of Chinese origin, Chang deplores the way he was treated by the MIFI, which he describes as “arrogant” and “irresponsible”.
The young man did a master’s degree at an English-speaking university here and says he “fell in love” with Quebec. The Quebec Experience Program (PEQ) allowed him to realize his dream of immigrating, but he had to learn French and obtain the equivalent of the famous “level 7” on the Quebec Scale of French Proficiency Levels.
In the spring of 2022, after having passed all the oral and written French tests approved by the MIFI, he applied for the Quebec Selection Certificate (CSQ), the precious key allowing him to apply for permanent residence from the federal government. However, his dream collapsed when he was called a few months later for a review interview by the Quebec Department of Immigration. The latter told him that he had reason to believe that he had submitted “false or misleading documents” to attest to his level of French, which the principal concerned denies.
At the end of the interview, which “went very badly”, Chang was granted a level 4. In the letter from the MIFI, he is also informed that under the pretext that he lied about his skills in French, any new request that he would like to submit could not be evaluated, and this, for the next five years. “I was devastated,” he said.
The duty was able to view the rejection letter, which ironically contained several typos. It details, by means of examples, certain French problems of the candidate, in particular by commenting on his pronunciation. “My accent was ridiculed,” Chang laments in French that is still understandable to The duty.
This young man is especially indignant at the fact that the MIFI accuses him of having lied, of not having “demonstrated the veracity of [sa] statement on [sa] knowledge of oral French. According to him, having already obtained the equivalent of a level 7 in a French exam recognized by the MIFI, it was normal for him to claim to have this level. “In no way did I intend to deceive anyone in the process! »
An illegal practice?
For mee David Chalk, the ministry wants to “trap” people. “There is no reason to ask this question except to accuse someone of misrepresentation. »
Ningsi Mei, a lawyer who says she has more and more refused clients, believes that the interview, which involves a MIFI agent and a teacher, is subjective. “It’s a personal judgment. »
After failing the MIFI interview, several of his clients left Quebec, either for another province or for their country of origin. “They tell me they don’t feel welcome here. They believe that the [gouvernement] just wants to limit the number of immigrants and that he doesn’t want those who don’t speak French perfectly,” the lawyer reported.
Me David Chalk says he is especially annoyed by the presumptions of deception which serve to justify a call for an interview. “Why allege from the outset that the candidate is a fraudster? »
In 2016, suspicions of fraud and the production of false documents led the Permanent Anti-Corruption Unit to open an investigation, court documents revealed. This is what prompted the Quebec Department of Immigration to more proactively check the oral French level of PEQ candidates by calling them for an interview.
However, this practice was challenged in court in 2017. Lawyers had argued that the evidence submitted by their clients to certify their level of French under the PEQ was in accordance with the law, unlike the additional oral French tests conducted by MIFI.
A judgment of the Superior Court rendered in December 2018, confirmed by the Court of Appeal, had given them reason and had forced the MIFI to cancel its decisions of refusal of CSQ for about fifty immigrants, especially from Asia.
In August 2018, the Immigration Regulations were changed, and the minister can now require that “a person demonstrate knowledge of oral French at level 7,” said Émilie Vézina, spokesperson for the ministry. As for the presumptions of fraud used to summon people to an interview, we are content to explain that it is “depending on the facts specific to each request”.
According to MIFI data, more than 2,000 people have undergone this interview since the fall of 2016. Invitations have increased and are on track to catch up with the pre-pandemic level. As for the failure rate, it varies a lot, ranging from 16% to 84% depending on the year.
Summoned even after obtaining a CSQ
The duty exchanged with several immigrants who were invited to an interview even after obtaining their Quebec Selection Certificate.
This is the case of Emily Zhao, a teacher and dancer of Chinese origin who arrived in Canada eight years ago. She obtained her CSQ in July 2018 and has been waiting for permanent residency for her and her family ever since. However, last January, to her great surprise, she received a letter from the MIFI calling her for an interview and informing her of its intentions to cancel her CSQ.
“It’s as if you had obtained your driver’s license and that, five years later, you are called to retake the exam and cancel your license”, said this mother, who agreed to testify openly .
Citing the court ruling, Emily Zhao refused to appear for an interview, claiming it was not legal to re-check her level of French. Last week, she finally received a letter of withdrawal from the MIFI: her CSQ will remain valid.
Mme Zhao fears she has been placed on a ‘blacklist’ of people who have obtained their CSQ amid suspicions of corruption looming over the program. She also fears that the questioning of her certificate has suspended the processing of her application for permanent residence at the federal level, which would explain the long wait.
According to the MIFI, since September 2021, 70 people who have already obtained a CSQ have been called to an interview to check their oral French, and nearly 60% have failed.
After being denied his CSQ, Chang returned to China last week. For him, it was like “throw everything in and go”. He believes his experience discouraged some of his friends. “They are afraid to try. Because they know how hard I tried to learn French. »