It was supposed to be a simple formality: renewing a study permit. It’s become another Kafkaesque story, courtesy of the Canadian Immigration bureaucracy.
This is the story of Céline Fiuza, a 26-year-old French student who fell in love with Quebec as soon as she set foot there for the first time at 18. “After two weeks, it was very clear that my life was going to be here. »
Back in France after this first stay, with a dream in her luggage, Céline hastens to do everything to make it come true. She obtained a study permit for Quebec. She moved there in the fall of 2017 to pursue studies, first in social work, then in public affairs, at Laval University. She obtained a bachelor’s degree, then enrolled in a master’s degree.
Over the years, she made a nest in Quebec. She studied, worked, volunteered, made friendships, met a lover, adopted a cat and took many walks on the Champlain Promenade – the place that soothes her the most in the world.
Quebec, how can I put it to you… it’s my home. You have no idea how much. My life is here… I’ve always felt it.
Celine Fiuza
His voice cracks.
She always felt it until she read the email sent to her by Immigration Canada on November 12: her study permit renewal application, submitted on August 2, had been refused. In the middle of her university session, she was informed that she no longer had legal status in the country. He had to put his life on hold, pack his bags and leave the country.
Céline’s heart sank. She felt tears coming.
“I got the motton. I could not believe my eyes ! »
Official reason for refusal? Céline would be criticized for not having provided a receipt for the collection of her biometric data, which is mandatory in order to finalize her request. However, in his file, it is written: “You do not need to provide your biometric data. We will send you a message if this changes. »
I write “would reproach” because the letter sent from an Edmonton office of Immigration Canada is written in such terrible French that it is not so easy to decipher.
“The request for the biometric fee receipt to finalize the application has not yet been received (sic). I am dissatisfied (sic) that you meet the criteria (sic) for the extension of your study permit (sic) according to R315.1 (1) and A 16 (1) – did not provide the fees for biometrics (sic). »
If Immigration Canada’s instructions were stated in an intelligible language, it might already be easier to enforce them. But I digress…
Céline would have happily provided her biometric data (i.e. a photo and fingerprints) if Immigration Canada had asked her to do so. But as she read in her online file that this was not necessary, she complied with this instruction, which had not been updated.
Suspended during the pandemic, the collection of this data by the federal government became mandatory again on February 23 for students who extend their stay. Perhaps the situation of Céline, who was in Quebec well before this date, fell between two boxes. Perhaps the online form was not entirely clear, like the correspondence from Immigration Canada…
Whatever the reason, the consequences are very serious for the panicking student ordered to leave the country. His university session is in the water.
All this for what ? We understand that we are talking here about a rather trivial administrative error which could have been corrected with a simple phone call. If the immigration officer, who has discretionary power, had called Céline to tell her: “Everything is beautiful, but it’s just missing this biometric thing. There was confusion. The instructions have just changed. Please send it to us. » Or if Céline had been able to speak in person to someone at Immigration Canada to point out the error and correct it immediately…
It’s not for lack of trying. Unable to reach an official by telephone, the student sent emails which went unanswered. She also tried to find an Immigration Canada office where it was possible to speak to a human being. “I was ready to go to Edmonton if necessary…” In vain.
The student also approached MPs, both federal and provincial, hoping that someone, somewhere, could help her.
Finally, 24 hours after I asked questions to Immigration Canada, like magic, his immigration file was updated. The refusal decision was replaced by “being processed” and a box was added for payment of biometric fees. But since the initial error resulted in a deregistration at the university, it is not clear whether the student will be able to save her session.
If I rejoice at a possible happy outcome for Céline, I continue to think, as I wrote recently, that the problem remains unsolved and that it is not normal to wait for the media to be interested in a immigration case to settle it1.
There are obviously stories of shameless bureaucracy much worse than this at Immigration Canada. Temporary residents in more precarious situations whose stories are much less publicized and who are less well equipped than Céline to defend their cause.
The injustices that French immigration candidates may experience are incommensurate with those which affect, for example, refugees wishing to obtain permanent residence, as recently noted in a devastating report from the Auditor General of Canada.2. Even when they are the first to arrive, refugees are the last served. They wait longer than all other immigrants, which has significant consequences on their lives.
But while listening to Céline, I still said to myself: if it’s this complicated for such a simple case, just imagine what it can be for complex cases.
Welcome to Canada ? No. Welcome to Kafka.