Speedy Immigration

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Come As A Tourist

Canada is a great place to visit! Every year, approximately 37 million people visit the “great white north”. A great majority are tourists, some are business travelers, and others are visiting family or friends. It borders on three oceans, has towering mountains, scenic forests, countless lakes and a friendly, diverse culture. Urban centers are home to a dynamic and exciting night life. In 2007, over 1,040,000 persons seeking Temporary Resident visas were processed by CIC Under the Tourist Visitor visa, foreigners can apply to come and visit Canada for a short duration of time. This visa allows applicants to apply to come and visit Canada along with their dependent children. Applicants must intend to come to Canada to visit and refrain from engaging in work or study and respect the terms of their entry to Canada. Join more than 5 million people who visit Canada each year and explore the many touristic opportunities this great country has to offer.

Although this visa does not entitle applicants to work in Canada, it does offer them the chance to experience Canada’s diverse geographic and cultural landscape for themselves.

A Super Visa is a type of visa given only to parents or grandparents of Canadian citizens or permanent residents of Canada who wish to visit family in Canada. Once the visa is obtained, the parents or grandparents can stay in Canada for up to two (2) years without the need to renew the status.

The Super Visa is a multi-entry visa that will provide multiple entries for a period up to ten years. The key difference is that the Super Visa will have status periods for each entry that last up to two years.

Eligibilty Criteria

The applicant must:
1. Be a parent or grandparent of a Canadian citizen or a permanent resident of Canada
2. Be found admissible to Canada
3. Meet certain other conditions

To be found admissible, the visa officer takes into consideration the following:

The applicant’s ties to the home country
The purpose of the visit
The applicant’s family and financial situation
The overall economic and political stability of the home country
An invitation from a Canadian host (children or grandchildren in Canada)that includes arrangements for care and support and indicates the number of people residing in their household in Canada (mandatory).
Proof of relationship to Child or grandchild in Canada (birth certificate, or any official document naming the applicant as parent or grandparent)

It is well documented that Canada has a shortage of organ donors. Demand for vital organs around the world far exceeds the supply chain of available organs. This has led to a worldwide phenomenon-a growing black market trade of illegal, unethical and often times, lethally harvested organs.

The need for vital organs around the world has created some horrific stories in the organ harvesting black market. South America is frequently associated with instances of harvesting that occurs in its mental asylums and from its cognitively disabled citizens. And China, while vehemently denying such activity takes place is repeatedly accused of being a hotbed for organ harvesting.

This past summer, David Kilgour, a long-time Canadian MP and noted Canadian human rights lawyer David Matas, released a report affirming the noted Chinese religious group Falun Gong’s claims about their members being arrested and sent to prison to become lethal victims of the rampant organ harvesting trade in China. These demonstrations of extreme behavior surrounding the organ harvesting black market, globally, raise valid concerns about whether current Canadian policy adequately addresses the problem faced with the admission to Canada of living organ donors.

In Canada, a country of immigrants with an aggressive immigration policy, it is highly plausible that a suitable medical match who is willing to become a living donor to an infirmed Canadian may not be necessarily living in Canada or be a Canadian. It may arise therefore that a foreign living donor will be required to travel to Canada as a temporary resident to have the life-giving surgery. And speed of process is sometimes a matter of life and death. So it follows that Canadian immigration authorities responded with a policy modification to its temporary residents guidebook permitting foreigners to enter Canada as intending organ donors.

Under the new rules for streamlining the admission to Canada of living donors, policy makers highlight three explicit criteria for an applicant to address in order to be admitted as a temporary donor. In summary, the applicant must provide, medical support regarding the match, financial proof that the surgery will be appropriately paid for and, “Evidence that a sale of human organ is not being transacted.”

This third criterion directly acknowledges the plausibility that applicants may be involved in the sale of organs in Canada. And, it suggests that immigration officers, many of whom are subcontracted, non Canadians employed at missions abroad, and who in their own right could be subjected to the pressures placed by third parties, should carefully examine related factors such as, “The circumstances under which the applicant was identified as a potential organ donor,” and the “Local social context” as well as, “Whether the donor has received or expects to receive a benefit, (financial or otherwise) as a direct result of the organ donation”.

But the guidelines do not make it illegal to engage in the illicit organ transplantation trade which leads to more questions about the effectiveness of Canadian immigration policy permitting the admission of foreign donors to Canada. For instance, is it possible that the donors could use their vital organs as a doorway to illegally take up residence in Canada? Or is it possible that this type of temporary residence allowance could lead to the exploitation of poor, who have no other means of coming to Canada and could be convinced by an agency to donate their organs to unknown Canadians? Or worse yet, could such conditions lead to living donors from humble situations being forcefully made to come to Canada, to serve as matches for sick Canadians?

Immigration policy is a tool which can only mirror the legislative provisions from which it emanates and as such, violating immigration policy alone is not an offence in Canada. In the absence of legislative prohibitions that effectively govern this activity, Immigration Minister Monte Solberg must now consider implementing the appropriate legal initiatives that will endorse current policy and monitor the trafficking in human organ transplantations along the same lines that currently exist in our immigration laws which expressly prohibit human smuggling and related illicit activities. To rely on mere guidelines alone, without adequate legislation, will not sufficiently deter this growing phenomenon and furthermore, will only encourage organized criminal elements to capitalize on the obvious weaknesses that persist in our current policy.

Clearly, Canada must do far more to thwart the prospects of inhibiting the black market trade of vital organs in Canada and to help protect the human rights of potential organ harvesting victims around the world. We must ensure that we do not become an open door in the illicit global market organ trade. Our current immigration policies in this area are less than reassuring.