resident applications based on H&C grounds and citizenship applications. This is the most
effective way that Canada can guarantee that stateless people will have quality legal
representation in a fair and consistent way and that they will have an effective remedy without
discrimination. A further barrier to obtaining a durable solution is the cost of making an H&C
application given the precarious social and economic situation many stateless persons find
themselves.
The above challenges could be resolved through making legal aid accessible to all stateless persons
applying under the H&C category irrespective of their geographic location and if their application
will be successful by eliminating or reducing the administrative fees associated with each
application, reducing processing times and lowering residency requirements for stateless people.
To facilitate access to citizenship applications, measures should be considered to waive or reduce
fees, ensure that applicants benefit from free legal aid, reduce processing times and lower residency
requirements.
Permanent resident status is extremely important for stateless persons. Without it, they face
many barriers in their daily lives, such as accessible post-secondary education and employment
opportunities. It also limits family reunification opportunities for stateless people due to the
requirements to sponsor their families, including being a Canadian citizen or permanent resident
and proving financial independence.
The financial instability caused by insufficient and slow access to work permits is a major cause
of concern. Many stateless persons are confined to the social assistance they receive as they wait
for work permits or are subject to removal orders. When work permits are delayed or not
forthcoming, stateless persons can be pushed into informal work. Work in the informal economy
is not subject to taxation, does not guarantee a person’s labour rights and often results in stateless
persons not being remunerated for their services as well as at risk of exploitation. Failure to
mitigate this situation is harmful to the physical and mental wellbeing of stateless persons, many
of whom want to work to supplement or replace welfare income. Accordingly, Canadian and
provincial governments should work together to provide for a work permit system which
accomplishes greater worker mobility and more predictable, timely procedures for attaining work
permits.
Stateless persons often face barriers to post-secondary education and child care services,
which can be prohibitively expensive for people whom are not Canadian citizens or permanent
residents. Doubly so when legal avenues of employment are unavailable. Stateless persons are
also unable to travel outside of Canada without identity papers. As a result, stateless persons are
disconnected from their family support network abroad while at the same time being unable to
access social services in the same way as Canadian citizens and permanent residents. Given the
vulnerable economic and social situation which most stateless persons find themselves in,
Canadian and provincial governments should implement programs which support stateless
persons’ access to post-secondary education and childcare services which would strengthen the
employability and outcomes of stateless persons in Canada. For the same reason, government
action is required to support stateless persons without a permanent residency who are unable to
access Canada’s domestic health care system.
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