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

9 big changes coming to Home Affairs in South Africa – including self-service and the ‘end of downtime’

Businesstech – 27  October 2021

 

The Department of Home Affairs is introducing a number of changes to its systems and at its branches to improve service delivery, says the department’s minister Aaron Motsoaledi.

Responding in a written parliamentary Q&A, Motsoaledi said that this will include a significant overhaul of its backend IT infrastructure, as well as improvements at a branch level.

The key changes include:

• Self-service: Implementing a Department of Home Affairs self-service kiosk system for collections, reprints of birth, marriage and death certificates, and re-issue applications for Smart ID’s and passports. This is expected to be completed by the 2024/25 financial year to reduce long queues and ease access to Home Affairs’ services.

• Banks: Increased rollout of Department of Home Affairs services such as ID and passports to more banks in all provinces.

• Internet speed: Upgrading most of the Department of Home Affairs branches across the country to a minimum of 2MB line or higher bandwidth.

• Connectivity: Closer cooperation with other state and private entities on improving access to the internet to the areas that do not have internet connectivity.

• Minimised downtime: Implementing LTE internet routers to most Department of Home Affairs branches in all provinces to minimise service interruptions due to cable theft.

• Mobile trucks: Introducing 100 trucks with VSAT connectivity and a live-capture system for use in rural areas.

• Power: Improved management of generators in terms of maintenance together with the Department of Public Works to minimise the issue of power outages that affect ICT infrastructure.

• Equipment: A partnership with connectivity equipment manufacturers will improve turnaround times to replace connectivity hardware infrastructure.

• Relaxed procurement: The implementation of a strategy wherein the Department of Home Affairs has access to a localised pool of pre-approved service providers wherein a procurement of a connectivity service can be expedited without the onerous procurement processes.

The Department of Home Affairs is also developing a new online system that will allow users to apply for their IDs and other essential documents without going into a physical branch, Motsoaledi said.

The minister said that citizens with access to the internet can apply for smart IDs and passports online under the current system.

South Africans can also use participating banks to provide applications of smart IDs and passports. These services are set to be further expanded to include a range of online options, he said.

“The same eHome Affairs digital channel will soon be used to allow clients to book appointments, not just with the participating bank branches, but with participating Home Affairs front offices as well.

“(This will apply to) various services, and not just smart IDs and passports,” he said.

Motsoaledi said that digitisation was critical to the department’s strategy in the future. “The Department of Home Affairs acknowledges the adoption of digital transformation and the implementation of ICT technologies that enhance service delivery channels. That’s why there are current e-modernisation projects in place and an e-home affairs digital channel.”

In August, the department said that there are currently 27 bank branches that offer E-Home Affairs services across six different provinces. It plans to roll out these services to a further 43 sites.

www.samigration.com

 

 

Refugees who arrived after lockdown have no way to apply for asylum

27 October 2021 – Groundup -

Asylum application backlog set to grow, with Refugee Reception Offices closed since the start of the Covid-19 pandemic

A Burundian asylum seeker shows his documentation which expired on paper a year ago. He has been in South Africa since 2009. He says he is struggling to renew his documents online.

Refugees who arrived in South Africa after March 2020 have had no way to apply for asylum status.

• Accumulating new applications will put further pressure on attempts to clear an already huge backlog of asylum claims.

• A UNHCR-funded joint project with Home Affairs to clear the backlog does not appear to be stopping the build-up of a new backlog.

• The immigration system is also taking strain trying to process online renewals for people whose refugee status expired during the lockdown.

The closure of Refugee Reception Offices (RRO) since the Covid-19 lockdown last year has left asylum seekers vulnerable to arrest and deportation. The offices remain closed for new asylum applications and in-person renewal of permits that expired prior to March 2020.

“Many newcomer asylum seekers are therefore at risk of arrest, detention, deportation and are struggling to access basic services due to their lack of documentation,” said Attorney Jessica Lawrence, of Lawyers for Human Rights (LHR).

Lawrence said that during a recent meeting, a Home Affairs official said that newcomer asylum seekers should all have been issued with an asylum transit visa at the border, which would normally be extended by an immigration officer later.

“Asylum transit visas are only valid for five days. Though he did not say this, it was clear that he therefore deemed this as appropriate documentation for newcomer asylum seekers pending the re-opening of the RROs,” she said.

GroundUp was unable to get clarification from Home Affairs on asylum transit visas, when its RROs will reopen, and when it will start assisting new asylum seekers.

According to a 30 September circular sent to refugee organisations by the UN Refugee Agency South Africa Multi-country Office (SAMCO), Home Affairs has resumed permanent residence permit appeal applications from 1 October, and it will start processing permanent residence permit applications only from 1 January 2022.

It is unclear where this leaves refugees who arrived after March 2020.

Victor Chikalogwe of People Against Suffering, Oppression and Poverty (PASSOP) said thousands of people have arrived in the country since March 2020.

He said PASSOP has assisted about 200 newcomers to date. The organisation has been issuing “newcomer letters” since the closure of the Cape Town reception office in 2012.

He said the letter could be presented to law enforcement and immigration officers and basic service providers while the newcomer was raising money to travel to Pretoria, Durban or Musina to apply for asylum papers when these offices opened. “We thought newcomer numbers would decrease because of the pandemic but people are still coming,” he said.

Documented asylum seekers and refugees also at risk

All refugee permits that expired on or after the national state of disaster was declared in March 2020 are considered valid under a blanket extension until 31 December 2021, according to SAMCO. But many institutions, from banks to schools, do not seem to accept this when presented with expired documents.

Home Affairs activated an Online Renewal System in April 2021. By 8 September, it had extended 24,333 Section 24 (refugee status) and 69,185 Section 22 (asylum seeker permits), the department said in a statement.

“The extension applies to people who applied for waivers and holders of asylum seeker visas/permits or refugee status. Holders of such visas are permitted to remain in the country under the conditions of their visas until the expiry of their applicable extension. Those wishing to be repatriated to their countries within this period can depart without being declared an undesirable person,” said Home Affairs.

The extension, however, does not apply to people who entered the country from 15 March 2021. The normal validity period of visas of people admitted into the country from 15 March 2021 applies,” said Home Affairs.

Chikalogwe said PASSOP has helped 75 people in September who never got responses after submitting their documents online for renewal. “The number of people seeking online renewal help is increasing. Last week, I served three people within a period of four hours.”

A volunteer at PASSOP, who asked not to be named, said he submitted his documents in June for online renewal and is still awaiting feedback. When he tried to resend his documents in July he received an email from the Port Elizabeth office saying, “Kindly refrain from sending multiple requests. The office will attend to your request immediately when it is open. It is currently closed due to Covid alert level 4.”

Huge backlog and growing

The non-processing of any new refugee applications since March 2020 could have serious implications for South Africa’s refugee response.

PASSOP and LHR are sceptical that Home Affairs will be able to clear the already massive backlog in South Africa’s asylum system from before the pandemic.

In March, Home Affairs, with US$9.6 million in assistance from the United Nations High Commissioner for Refugees (UNHCR) launched the asylum backlog project to clear in four years what was going to take 70 years (at the department’s pace) to process.

Sarah-Jane Savage, from UNHCR, said the backlog clearance project started on 1 April. The current phase, the first, involved recruiting and training 37 new members for the appeal authority to add to Home Affairs’ existing three officers. The appeals of 153,391 people need to be heard.

It is therefore too soon to tell if the goal of clearing the backlog by 2024 will be achieved. The project was also meant to prevent another backlog building up in the meantime. It appears this is not happening.

The quality of decision-making on asylum cases by Home Affairs “is resulting in more people actually joining the backlog”, says the manager for LHR’s Refugee and Migrant Rights Programme, Sharon Ekambaram.

The LHR says it has seen an increase in rejections of people from Ethiopia and the DRC. Individual assessments appear not to be done. LHR is seeing Refugee Reception Officers simply duplicating the reasons they give for rejecting one person’s asylum claim on different individuals’ applications.

Hlengiwe Mtshatsha, attorney at LHR, said the backlog is building up again because asylum seekers are referred back to be re-interviewed every time the High Court on judicial review overturns a decision on their status.

Mtshatsha said that they have noticed that people who applied for permanent residency will get a notice of intention to withdraw their refugee status or in some cases a withdrawal notice. They have 30 days to appeal. After that, they lose their refugee status and are classified as “illegal foreigners”, and will be notified to leave South Africa within 14 days.

Chikalogwe said appeals against the withdrawal of refugee status were also piling up.

GroundUp has tried numerous times since 16 September to get clarity from Home Affairs on a number of issues addressed in this article, but to date no clarification has been forthcoming from the department.

www.samigration.com