Human migration has long shaped nations, economies, and cultures, and today, immigration policies remain central to global debates. Governments are faced with the challenge of balancing national security and economic priorities with humanitarian obligations to protect and integrate vulnerable populations. Although states have sovereign control over their borders, their decisions are increasingly evaluated against international human rights standards. This tension results in complex policy choices that deeply impact migrants and the socio-political environment of host countries.

This article explores how state policies affect the lived experiences of immigrants, emphasizing the often-overlooked perspectives of migrants themselves and calls for inclusive, rights-based frameworks that align national interests with humanitarian principles, ultimately promoting a more just and cohesive global society.

Factors Attracting Immigrants to Canada:

Canada's popularity as a destination for immigrants stems from a rich combination of economic prospects, a high standard of living, and inclusive, supportive policies. Let's explore the key factors in more detail:

• Abundant Economic Opportunities: Canada boasts a thriving economy with strong job markets across diverse sectors like technology, healthcare, and skilled trades, drawing individuals seeking career advancement and financial stability.
• Exceptional Quality of Life: Canada consistently ranks highly on global quality of life indices, thanks to its universal healthcare, robust education system, and comprehensive social support programs, which contribute to a comfortable and secure lifestyle.
• Safe and Stable Environment: Low crime rates and political stability make Canada attractive to individuals and families prioritizing safety and security, especially for raising children.
• Multiculturalism and Inclusion: Canada's official multiculturalism policy celebrates diversity and welcomes people from all backgrounds, fostering a sense of belonging and simplifying the integration process for newcomers.
• World-Class Education System: Significant investment in education provides access to high-quality public education, from primary schools to universities, appealing to families who value educational opportunities.
• Universal Healthcare Access: Free or heavily subsidized healthcare is a major draw. The Canadian healthcare system ensures residents receive necessary medical treatment without facing insurmountable costs.
• Clear Path to Permanent Residency and Citizenship: Various immigration programs offer clear pathways to permanent residency and, eventually, citizenship, providing long-term security and the chance to build a future in Canada.
• Prioritization of Family Reunification: Canadian immigration policies emphasize family reunification, enabling citizens and permanent residents to sponsor close relatives, helping immigrants establish support networks and maintain family ties.
• Comprehensive Settlement Services: The government and various organizations offer extensive services to assist newcomers in adjusting to their new lives, including language training, job assistance, and housing support.
• Commitment to Equality and Social Justice: Canada's dedication to equality, human rights, and social justice resonates with many immigrants. Its inclusive policies and emphasis on fairness foster a sense of security and opportunity for all residents.
   

Key Findings:

• India has consistently been a primary source of immigration to Canada.
• The COVID-19 pandemic significantly reduced the number of Indian immigrants admitted in 2020, mirroring a decline in overall immigration.
• Since 2020, Indian immigration has rebounded strongly, showing a notable increase in the number of individuals obtaining permanent residency.
• 2023 saw the highest number of Indian immigrants granted permanent resident status in the last five years.
• Data from the first four months of 2024 suggests another year of high numbers for Indian permanent residents.
• In 2022, Indian immigrants comprised 27% of all new permanent residents in Canada, solidifying India as the leading source country. This trend continued in 2023, with Indians representing nearly 30% of new permanent residents.
• For the first four months of 2024, India remained the top source country, contributing over 64,730 new permanent residents. Projections indicate that the total for 2024 could reach almost 149,000.
  
  

Contributing Factors:

• Canadian immigration policies prioritize skilled workers, with many Indian immigrants entering through economic streams such as Express Entry and Provincial Nominee Programs.
• International students from India represent a significant pathway to permanent residency, often transitioning after graduation via programs like the Post-Graduation Work Permit.
• Family sponsorship also contributes to Indian immigration to Canada.
• Diplomatic relations between Canada and India can affect immigration processing and numbers. For instance, the reduction of IRCC presence in India in late 2023 resulted in some processing delays.

These figures pertain solely to permanent residents and do not encompass the substantial number of Indian citizens entering Canada as temporary residents (students, workers, and visitors).

Assessment of Canada's Immigration Laws and Policy Landscape:

• Economic Focus: Canada's immigration prioritizes skilled workers and entrepreneurs to boost the economy through programs like Express Entry and PNPs, adapting to target sectors like healthcare and tech.
• Family Reunification: Reuniting families is a core principle, allowing citizens and permanent residents to sponsor relatives for social and economic benefits.
• Refugee Protection: Canada is committed to protecting refugees and asylum seekers through government-assisted and privately sponsored programs, despite challenges in processing times.
• Humanitarian Grounds: Immigration law allows for exceptions based on humanitarian and compassionate grounds for compelling cases.
• Growing Complexity: Immigration laws are increasingly complex, requiring professional help and increasing administrative burdens.
• Temporary Residents: The number of temporary residents has risen, prompting debates about permanent pathways and potential exploitation, leading to policy adjustments.
• Provincial Involvement: PNPs allow provinces to nominate immigrants based on their specific needs, enabling tailored distribution.
• Recent Policy Changes: Recent policy changes include capping international student intake and reducing immigration targets to address strains on housing and infrastructure.
• Integration Support: Settlement services like language training and employment assistance support newcomer integration.
• Balancing Act: Canadian immigration laws balance economic needs with social values, continuously evolving to meet new challenges and societal needs.
  
  

Barriers to Integration for Indian Immigrants in Canada:

Indian immigrants in Canada encounter significant challenges that affect their integration and well-being:

• Discrimination: Racism and prejudice diminish their sense of belonging.
• Housing: Affordability and exploitation issues are prevalent, especially for students.
• Financial Strain: High costs of living and tuition create financial burdens.
• Cultural Adjustment: Adapting to Canadian culture can lead to shock and loneliness.
• Immigration Policies: Complex rules and policy changes cause stress and uncertainty.
• Language Barriers: Communication difficulties hinder social and professional integration.
• Mental Health: Migration and related stressors can negatively impact mental health, with limited access to support.
• Exploitation: Scams and unfair treatment in housing and employment are common.
• Educational Differences: Adjusting to the Canadian education system poses academic challenges.
• Anti-Immigrant Sentiment: Rising negativity and policy changes threaten opportunities and social acceptance.

Public Perceptions and Policy Impacts in Canada:

Canadians hold complex and evolving attitudes toward immigration, varying due to the diverse backgrounds and beliefs of "native-born Canadians." Historically, immigration policies fluctuated between welcoming immigrants, especially for labor needs, and excluding groups based on ethnicity and race. Indigenous communities often aided early immigrants, demonstrating early cooperation. However, increased immigration brought concerns about economic competition and social integration, sometimes leading to discrimination.

Canada's multiculturalism policy aimed to promote acceptance and value diverse cultures, contributing to generally positive views on immigration. Despite this, anti-immigrant sentiment persists, fuelled by misinformation and economic anxieties. Regional and socio-economic factors influence attitudes, with local conditions and education playing a role. Recent policy changes and public discourse impact public opinion, highlighting the need for continued dialogue, education, and addressing inequalities to foster an inclusive society.

Case Study I: Trapped in Limbo - Devi Acharya's Story:

Devi Acharya's experience as a temporary foreign worker in Canada highlights the harsh realities faced by immigrants caught in bureaucratic delays. After moving from India to Prince Rupert, BC, in 2022, Devi lost her legal work status due to prolonged delays in Labour Market Impact Assessment (LMIA) processing, which caused her work permit to expire. This not only stripped her of her job but also denied her access to essential services like healthcare and public education for her five-year-old son.

The consequences were devastating - Devi suffered a miscarriage but avoided medical care due to cost concerns, and her child remained out of school. The emotional trauma, financial instability, and systemic neglect exposed the vulnerabilities faced by many like her. Devi's case underscores the urgent need for immigration reform, including faster permit processing and decoupling healthcare and education access from immigration status, to protect the dignity and well-being of temporary foreign workers and their families.

Case Study II: Balancing Immigration Control and Human Rights - The Case of M:

The case of M, an unaccompanied 16-year-old asylum seeker in the UK, exemplifies the tension between immigration enforcement and fundamental human rights. After arriving in 2012, M secured a five-year limited leave to remain following an appeal but sought reunification with his mother and brother, invoking Article 8 of the European Convention on Human Rights, which guarantees respect for family life.

Although UK immigration rules did not support entry for parents and siblings, the tribunal emphasized proportionality and ruled that denying M's request was a disproportionate interference with his rights, especially given the lack of any credible threat to immigration control or child protection.

The ruling reaffirmed that national policies must yield to fundamental rights when they impose undue hardship, particularly on vulnerable individuals. M's successful appeal serves as a powerful reminder that immigration systems must integrate humane principles and prioritize the welfare of children, aligning with both UK and international legal obligations.

Conclusion and Policy Recommendations:
A comparative study of immigration policies in the US, EU, and South Asia exposes a complex situation shaped by varying historical, political, and socio-economic factors, where national interests like security and economic growth often overshadow humanitarian concerns. This imbalance results in discrimination, exclusion, and distrust among immigrant communities, further exacerbated by poor communication regarding legal rights and immigration processes.

To rectify this, immigrants and advocates suggest a more ethical approach by broadening the definition of national interest to encompass humanitarian duties, enhancing transparency, fighting discrimination, and creating more legal pathways for migrants, alongside comprehensive integration programs tailored to regional needs, such as improved refugee protection in South Asia.

Ultimately, governments should institutionalize immigrant participation in policy creation and review, ensuring border management adheres to human rights standards and that immigration frameworks are regularly evaluated for real-world impacts, reflecting the need for humane and inclusive policymaking that balances national sovereignty with global humanitarian responsibilities.

Reference:

• The True Crime File, Kim Daly

Written By:

• Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
  Email: imranwahab216@gmail.com, Ph no: 9836576565
• Farzana Olakkodu Ismail, Senior Lecturer at British University College, Ajman, UAE.