New rules to maroon immigrant investors
By ROBERT MATASFrom Tuesday's Globe and Mail


New federal rules have riled thousands of well-to-do Asian immigrants, who will be stripped of their status as permanent residents of Canada on Jan. 1.These so-called \"astronauts,\" who commuted regularly between Asia and Canada, had been recognized as permanent residents after investing hundreds of thousands of dollars in immigration funds and settling their families in the country.But as of Jan. 1, they will no longer be allowed to fly freely between their jobs in Asia and homes in Canada. Under new regulations, permanent resident cards will only be given to immigrants who have lived in Canada for two of the past five years.\"It's too late for many of them,\" said lawyer Lawrence Wong, who has sought an injunction in the Federal Court of Canada on behalf of a group of mostly Taiwanese businessmen to stop the government from enforcing the new rules.\"They have no chance of meeting [the requirement]. They cannot relive their lives for the past five years.\"For many who are overseas currently, that means they cannot come home, Mr. Wong said.For those planning to travel overseas, the new rules also mean they cannot return once they leave Canada, Mr. Wong said.Many have applied for permanent residency cards based on humanitarian and compassionate grounds.However, the government has not allocated enough staff to process the applications and almost all of the people in the humanitarian and compassionate category have been stranded, Mr. Wong said.The new rules require them to have a permanent resident card before boarding a plane for Canada. Without the card, they cannot return, even as a tourist.Many families are especially concerned about whether loved ones who work in countries such as Taiwan and China will be allowed back into Canada for Chinese New Year celebrations on Jan. 22. Similarly, those now making plans to visit family in Asia for the New Year are concerned about whether they will be allowed to return to their homes in Canada.Many received permanent residency status in Canada after investing in immigrant investment funds costing up to $350,000, Mr. Wong said. Their spouses and families moved to Canada and became Canadian citizens.However, they remain in Asia to work or to care for sick or elderly family members.\"They still have very strong ties with Canada,\" he said. \"But after Dec. 31, their visas will be no good.\"Samuel Yang, 19, said he came to Canada eight years ago with his older brother Jack and mother Janet. They are now Canadian citizens.His father, Cheng Kang Yang, who brought his family to Canada under the immigration investor program, lives in Taiwan.Samuel Yang said in an interview that his grandparents, in their 80s, are ill. His father did not want to leave them alone in Taiwan. \"He has to take care of them. They are in and out of the hospital all the time,\" Samuel Yang said.His father works part time in Taiwan and comes to Canada four times a year, staying two weeks each visit. He would not meet the residency requirements to qualify for the new permanent resident card. \"He only wants the permanent resident card to come to visit us,\" his son said.Immigration Minister Judy Sgro did not respond yesterday to a request for an interview.Maria Iadinardi, a department spokeswoman for Citizenship and Immigration Canada, said the new rules were intended to protect the safety and security of Canadians, improve protection of privacy and discourage identity fraud.The new rules have a residency requirement that must be met to become a permanent resident, she confirmed. The circumstances of those who lose their status as permanent residents can be considered on a case-by-case basis, she added.She said she could not comment on a lawsuit launched by Mr. Wong on behalf of the group of immigrants.Mr. Wong said he has asked the court, on behalf of 46 permanent residents, to impose an injunction to stop Ottawa from implementing the new restrictions.The group has also asked the court to \"restrain\" the federal government from refusing to allow the permanent residents to return to Canada on commercial airlines, or from imposing fines on airlines bringing them into Canada without the necessary permanent residency cards.The court case is expected to begin early in the new year. The federal government has not yet responded to the lawsuit, which alleges that Ottawa imposed the new rules retroactively, creating requirements that were impossible to meet. It also claims the federal government denied the litigants a right they had without a fair hearing and breached its duty to process their new applications before the Jan. 1 deadline