US: Chinese graduate visa ban has “overly broad criteria”

Pie News – 27 October 2021

A Trump presidential proclamation that bans thousands of Chinese graduate students from entering the country contains “overly broad criteria” and does not assess students based on the individual risk they pose, according to a report from The National Foundation for American Policy. 

NFAP's report said the proclamation has resulted in the State Department revoking many existing visas and denying other visas. 

Every 1,000 PhD students blocked in a year costs an estimated $210 billion in the value of patents produced over 10 years

Under the presidential proclamation, which has been continued by the Biden administration, graduates and researchers with links to China’s ‘military-civil fusion strategy’ are banned from entering the US. 

“The policy might deal a significant blow to innovation and scientific research in America”

According to the report, the proclamation has resulted in the US state department revoking many existing visas and denying others. After the resumption of consular activities in China, US universities have reported denials of J-1 visas for Chinese scholars and new F-1 visas for graduate students in science and engineering.

Research by the Center for Security and Emerging Technology at Georgetown University has found that at least 3,000-5,000 Chinese graduate students a year could be prevented from entering US graduate programs each year.

Analysis by the NFAP found that every 1,000 PhD students blocked in a year from US universities costs an estimated $210 billion in the expected value of patents produced at universities over 10 years and nearly $1bn in lost tuition over a decade. 

“International students play an essential role preserving America’s position as a centre of scientific and technological innovation,” the report said. 

“For international students to continue playing that role, it is necessary for the US to maintain reasonable visa policies for international students and to make it easier for students to work after graduation, including preserving STEM OPT and improved policies on H-1B visas, per-country limits and employment-based green cards. 

“In the long term, continuing a US visa policy that blocks many Chinese graduate students from attending US universities might deal a significant blow to innovation and scientific research in America.”

NFAP’s report explored how international students account for large numbers of enrolments in science and engineering programs. 

It found that the number of full-time international students enrolled in graduate-level electrical engineering at US universities dropped 19.5% between 2015 and 2019. 

“The number of full-time international students enrolled in graduate-level computer and information sciences at US universities declined 9.5% between 2016 and 2019,” the report said.  

“This decline in international graduate students was before the new restrictions imposed on Chinese students and the impact of Covid-19. A continuation of this trend would present serious issues for US employers and universities.”

The NFAP’s report said that the proclamation contains overly broad criteria and is blocking visas for Chinese graduate students based on the universities they attended in China, not based on the individual risk of the students.

However, Sarah Spreitzer, director, government relations at the American Council on Education, told The PIE News that the US state department has been trying to implement the policy as narrowly as possible. 

“When the presidential proclamation was first introduced, it really only impacted existing visas because there weren’t new visas being issued during the Covid-19 crisis,” she said.  

“So we had a briefing with the state department when the presidential proclamation first came out about how they were going to be implementing it. 

“The state department, I think, has been taking it very seriously and they are trying to implement it as narrowly as possible, so at that time, we had heard around 1,000 visas were actually revoked.” 

“I worry that the bigger issue is the messaging that it sends”

Spreitzer said that there have been issues around communication where some students saw their visa being revoked and immediately thought it was because of the presidential proclamation. 

“But in the state department’s view, it’s been very narrowly applied. We had another briefing recently from the state department in response to the letter that we had sent earlier this year that asked how it was going to be implemented for visa applications,” she added.  

According to Spreitzer, the state department believes less than 2% of applications have been refused under this presidential proclamation.

“So they are trying to take very targeted action on a national security concern. We are very closely monitoring it to make sure that it’s not being broadly applied. I worry that the bigger issue is the messaging that it sends,” she said. 

The importance of positive messaging to students was stressed by Dawn Whitehead, vice president, Office of Global Citizenship for Campus, Community and Careers, at AAC&U.

Her organisation collaborated on a white paper on how to advance global stability and US national security through peaceful exchange. 

“There were a number of us who thought it was really important to make sure that as we entered a new administration that we re-engage with the world and regardless of political affiliation, people-to-people exchanges are absolutely critical. 

“This paper is an argument about how we’re in a time of tremendous global challenge and we must have global cooperation, including individual exchange. 

“So we’re looking at continuing opportunities where students are able to interact with each other – international students coming to the US, US students leaving the US and interacting with others and finding ways to make sure that students have global experiences in the US,” she said

www.samigration.com

Migration is the storm after the climate disaster, but it can be reined in 

27 October 2021 – Sunday Times 

Swift action could curtail the current projection of internal displacement by 80% 

Climate change effects such as drought and sea-level rise could result in more than 216-million people migrating within their own countries by mid-century, according to a World Bank report released this week.

As much as 80% of that could be prevented with swift action to cut emissions, the report found. Countries have to “close development gaps, restore vital ecosystems and help people adapt”, World Bank vice-president for sustainable development Juergen Voegele wrote. If they don’t, “hotspots of climate migration will emerge as soon as within the next decade and intensify by 2050”..

www.samigration.com

Canada: students worry about unaffordable course withdrawal

Pie News – 27 October 2021

International students enrolled at Canadian institutions have said they are unable to withdraw from their courses and get refunds due to college policies and visa processing delays. 

International students enrolled at Canadian institutions have said they are unable to withdraw from their courses.

"If the students withdraw without this, their colleges hold back large sums of money"

As part of applications for study visas, students using the fast-track study permit Student Direct Stream were required to pay for a full year of study up front, as well as a Guaranteed Investment Certificate of CAN$10,000.

“If I tried to withdraw, I would not get refunded for my two semesters which is $16,000”

However, some of these students have been waiting for long periods of time to have their applications processed – including one who has been waiting since March 2020. 

A number of students told The PIE News that they are unable to withdraw their applications, to either re-apply or apply to other countries, as their institutions require that they receive a student visa refusal from IRCC.

If the students withdraw without this, their colleges hold back large sums of money – something the students say they can’t afford. They told The PIE that they feel trapped as their applications are not being either refused or accepted and so affordable refunds are not possible. 

“I have completed my two semesters, and if I tried to withdraw, I would not get refunded for my two semesters which is $16,000,” one student who is studying online at Hanson College in Ontario told The PIE. 

“If my visa application is refused I will be given a refund minus $500 which is the offer letter fee and labour fees. But I put in my application in October 2020 and still have had no response from IRCC,” they said.

The student said they believe IRCC is processing more recent applications and that their application has got stuck in a backlog. 

“So if I tried to drop my application and reapply for the same college, to get out of the backlog, I would not get my refund,” the student added. 

Hanson College was contacted by The PIE but did not respond by the time of publication. 

Other students told The PIE that they had been waiting for extended periods of time for IRCC to answer queries around their visa applications. 

“I applied for a Canada study visa in March 2020. I and many other students have been waiting for a long time. But IRCC is not taking us seriously. They are giving results to new files instead of old files,” one told The PIE. 

The PIE contacted IRCC for comment but has not yet received a response. 

Another student told The PIE that the visa delays would prevent him from transferring to a college in another country. 

“If I get a visa rejection I will get a refund but my college will deduct $250,” the student, who is enrolled at Mohawk College in Hamilton, Ontario, said. 

“But if I get sick of waiting and I want to apply in the UK, US or any other country in the world they will deliberately deduct $2,200 and the remaining amount will be given to me in more than 60 days.”

Asked whether he could afford such a deduction, the student said he could not and that it would put his family in a precarious financial situation. 

“My father is a farmer and he sold his land. He also took out a loan on our house where we live. So now my house is mortgaged by the bank and my father has been paying interest since the April 30,” he said. 

A spokesperson for the college told The PIE that since the beginning of the pandemic, Mohawk College has supported international students who begin their studies virtually while their visa is being processed. 

“If I get sick of waiting and I want to apply in the UK, US or any other country in the world they will deliberately deduct $2,200”

They provided information that showed that if a student withdraws before October 10, they will only have to pay a $250 fee. 

However, if a student withdraws between October 10 and December 11 they will have $2,200 deducted from their refund. After December 11 they will not be eligible for a refund of any fees. 

“Students studying under this pending visa approval status are provided with a unique refund procedure which they receive as an attestation during the Admissions process,” the spokesperson said. 

“This refund procedure gives students the opportunity to receive a refund of their fees (less mandatory non-refundable fees) for the majority of the semester if their visa application is denied. 

“When students receive a decision on their application, they must advise our services team so that they can begin the process to withdraw the student. The student is required to complete additional documentation confirming their intent to withdraw before any refunds can be processed,” they added. 

IRCC sent the following response to The PIE on Thursday, 16 September: 

The pandemic has had a significant impact on Canada’s immigration system, and we understand the frustrations of applicants at this difficult moment.From March to October 2020, travel restrictions prevented most international students from travelling to Canada, even if their study permit application was finalised and approved.

With reduced processing capacity during the pandemic, IRCC prioritised finalising applications for those who were exempt from the travel restrictions at the time, such as family members of Canadians and agricultural and health-care workers.After travel restrictions for students changed in October 2020, IRCC has prioritised study permit applications from prospective students whose designated learning institution (DLI) had a COVID-19 readiness plan approved by their province or territory.

When the list was introduced, fewer than half of the DLIs in Canada had a COVID-19 readiness plan. Since then, the list has been updated every 2 weeks and the number of DLIs on it has grown, with about 75% of active DLIs now on the list of DLIs with approved COVID-19 plans. IRCC has continued to accept and process study permit applications throughout the pandemic to the extent possible.

During the pandemic, IRCC has generally not refused incomplete applications. While we have announced that this measure is changing, many of the applications in IRCC’s processing inventory are incomplete. We can’t finalise these applications until applicants are able to provide biometrics, immigration medical examinations, police certificates or other missing documents.

Earlier this year, IRCC committed to processing, by August 6, complete study permit applications that were received by May 15. Nearly 29,000 study permit applications were identified as part of this commitment. Of those, only 80 were not yet processed as of August 6. Applications that were incomplete or that required additional information were not part of IRCC’s processing commitment.

We’re processing complete applications submitted after May 15, 2021, as quickly as possible. Some applications take longer to process, such as those that are incomplete or require the officer to request more information from the applicant.Students may also begin or continue their studies from abroad, if their designated learning institution offers online learning.

As a facilitative measure, those who were approved for, or applied for, a study permit for a program starting between March 2020 and fall 2021 could study online from abroad, up to December 31, 2021, with that time recognised for an applicant’s eligibility for a post-graduation work permit in the future.As of August 2021, IRCC had processed close to 370,000 study permit applications, a significant increase when compared to the same period last year when about 100,000 study permits applications where processed.

www.samigration.com

Process of renunciation of Indian citizenship simplified

The Hindu – 27 October, 2021

Provision made for uploading documents online, completion of process within 60 days: MHA

The Ministry of Home Affairs (MHA) has simplified the process for Indians who want to renounce their citizenship. Provisions have been made for applicants to upload documents online, with an upper limit of 60 days for the renunciation process to be completed.

Over 6.7 lakh Indians renounced their citizenship between 2015-19, the Lok Sabha was informed in February.

In 2018, the MHA revised the Form XXII under the Citizenship Rules for declaration of renunciation of citizenship, which for the first time included a column on “circumstances/reasons due to which applicant intends to acquire foreign citizenship and renounce Indian citizenship”.

An official familiar with the subject said there was no sudden surge in the number of applications to renounce citizenship but the online process has been initiated to check fraudulent documents and “reduce the compliance burden”.

As many as 1,41,656 Indians renounced their citizenship in the year 2015, while in the years 2016, 2017, 2018 and 2019, the numbers stood at 1,44,942, 1,27,905, 1,25,130 and 1,36,441, respectively.

The Ministry issued new guidelines on September 16 stating that the form, after being filled online, has to be downloaded, signed and submitted at the District Magistrate’s office, if the applicant is in India, or at the nearest Indian mission, if she or he is in a foreign country. The applicant will also be interviewed by the DM before the certificate is issued, the Ministry said.

Other than the passport, the applicant also needs to submit proof of address and proof of payment of fee.

The Ministry stated that once a copy of the form had been received, the entire process for issuance of renunciation certificate would take 60 days after “verification of documents”.

According to the 2009 Citizenship Rules, the fee to renounce citizenship for an applicant in India is ₹5,000, and for someone applying through an Indian mission in a foreign country is ₹7,000.

The guidelines said that when a person ceases to be a citizen of India under Section 8(1) of Citizenship Act, 1955, “every minor child of that person shall thereupon ceases to be a citizen of India”. The minor child may, however, within one year of attaining full age apply to resume Indian citizenship. The guidelines are not clear if minors would also lose citizenship if only one of the parents gives up her/his Indian citizenship.

www.samigration.com

 

Zimbabweans ask Gauteng High Court to declare them permanent residents 

27 Oct 2021 – Groundup -

Not an unexpected move as their exemption permits granted by Home Affairs expire in December. 

Zimbabweans say they have a legitimate expectation of being granted permanent residence once their exemption permits expire next month. 

The Zimbabwean Exemption Permit Holders Association, representing roughly 250 000 Zimbabweans in SA, has asked the Gauteng High Court to declare them permanent residents, as their Zimbabwe Exemption Permits expire in December 2021.*

They are also asking the court to direct the Minister of Home Affairs to issue them with SA ID documents on the grounds that they are permanent residents of SA in terms of the Immigration Act read together with the Identification Act. 

They are also asking the court to review and set aside the decision by Home Affairs not to renew residency permits “knowing that the holders of the permit have known no other home besides South Africa for more than 10 years”. 

This decision was unconscionable, irrational, unreasonable and unconstitutional, according to the court papers. 

Zimbabwean Exemption Permit holders have a constitutional right to an equal path to citizenship in SA, and that right is being withheld, the association says. 

Permit evolution 

In April 2009, cabinet approved what was known as the Dispensation of Zimbabweans Project (DZP), allowing permit holders to work, conduct business and study in SA. 

According to Home Affairs, 295 000 Zimbabweans applied for the permit and just over 245 000 were issued. 

This was an attempt to regularise the residence status of those Zimbabweans residing illegally in SA due to political and economic instability at home. 

Those permits started expiring in December 2014, prompting Home Affairs to introduce a new permit scheme called the Zimbabwean Special Dispensation Permits (ZSPs), which were valid for three years. 

Nearly 198 000 ZSPs were issued, according to the Department of Home Affairs. When the ZSPs expired in 2017 they were replaced by Zimbabwean Exemption Permits, or ZEPs. 

These permits, like their predecessor, allowed Zimbabweans to work, study and conduct business in SA, but were not renewable and did not entitle the holder to apply for permanent residence in SA. 

According to papers before the court, these permits were issued in terms of Section 31 of the Immigration Act which allows the Minister of Home Affairs to grant foreigners the rights of permanent residence for a “specified or unspecified period when special circumstances exist” that justify the decision. 

The applicants in the case say the ZEP is a permanent residence permit valid for a specific period of time as allowed by the Immigration Act, and that they are therefore entitled to ID documents. 

‘Legitimate expectation’ 

“It is further submitted that the holders of Zimbabwean Exemption Permits have a legitimate expectation for the renewal of their current permit, and for permanent residence, without any further conditions, and the right to apply for citizenship in the Republic of South Africa.” 

According to Advocate Simba Chitando, who is representing the applicants in the case: “The problem faced by many hundreds of thousands of Zimbabweans in SA is that they have been here for 10 years or longer under a variety of different permits, and it is generally conceded that they make a huge contribution to the SA economy, yet these permits do not allow them to enjoy the benefits that come with permanent residence, such as full access to banking facilities, or the right to accumulate pension savings. 

“We argue that it is past time to grant permanent residence to those Zimbabweans who have been living and working in SA in a kind of no-man’s land. We believe it is reasonable to expect to be granted permanent residence when the ZEPs expire, which they do in December 2021.

www.samigration.com