Quebec family reunification delays refer to Quebec immigration policies that have resulted in a delay between the demand for family reunification and the fulfilment of such requests. Marked by quantitative restrictions and wait times that have more than tripled, families face a prolonged process to reunite with their family members. By 2024, this increase in wait times of more than three years contrasts with other Canadian provinces, where the process usually takes 13 months. The family reunification policy adopted by the Coalition Avenir Québec (CAQ) government was described by the Canadian Broadcasting Corporation as causing "enormous distress among the families affected".
The lengthy wait period for family reunification has exposed many couples to intense emotional stress, amplifying concerns related to fertility, parenthood, and testing the stability of their marital unions. Being in the midst of administrative delays while processing their applications, these couples face the difficult situation of living apart for years. This circumstance has put so much pressure on some relationships that some have contemplated separation as a solution to the emotional wear and tear experienced. Moreover, it has contributed to difficult decisions such as unwanted abortion.
A study conducted by the Institut Universitaire Jeunes en Difficulté (IUJD), involving 146 families who experienced reunification in Quebec, showed how repeated relational disruptions can have significant psychosocial consequences for children both in the short and long term. The traumatic effects of family separation on children are well-documented, including higher rates of PTSD and depressive disorders that can persist into adulthood, negatively impacting academic performance, relationship formation, and mental health. The family separation policy has been actively opposed by health professionals and medical organizations, being described by the American Academy of Pediatrics as "government-sanctioned child abuse" and by Physicians for Human Rights as consistent with the legal definition of torture and temporary enforced disappearance under international human rights law.
The website of Québec Réunifié has published a report showing how Quebec is the only government that imposes quotas. Wait times for family reunification are the longest in the world, noting that even far-right European governments do not implement measures comparable to the quotas mentioned. Multiple authoritative sources have classified the situation as a critical humanitarian crisis.
Context Family reunification in Canada is one of the main immigration categories, allowing Canadian citizens or permanent residents to sponsor their close relatives to join them in Canada and obtain permanent residency. Sponsorship is generally limited to spouses, common-law partners, conjugal partners, and their dependent children, although under exceptional circumstances, other family members may be eligible under specific conditions. To be a valid sponsor, one must meet certain financial requirements set by Immigration, Refugees and Citizenship Canada (IRCC), including the commitment to provide for the basic needs of the sponsored without resorting to government assistance, the duration of which varies depending on the age of the sponsored.
There are various myths surrounding immigration through family reunification, such as the misconception that it contributes to housing shortages, economic recession, or overburdens the Canadian healthcare system. Sponsored individuals must be financially supported by their sponsors and pass health and background checks. Additionally, the importance of verifying the authenticity of relationships to prevent marriage fraud is emphasized.
The notion of family reunification as an immigration category has held a "strong and enduring" position in the context of Canadian immigration. The variety of individuals who could be included in the family reunification category has varied from only spouses and direct relatives to any relative regardless of degree. For most of the 20th century, the range of relatives who could be sponsored remained quite stable, except for brief periods of change.
Historical background Canadian immigration policy, from the Immigration Act of 1910 to 1978, demonstrated explicit and implicit discriminatory and racist practices against various ethnic groups. This legislation granted Cabinet the power to prohibit entry to Canada for immigrants from any race it deemed undesirable, based on their customs, habits, modes of living, methods of owning property, and their supposed inability to assimilate easily. A notable example of the exercise of this power was the Council Order of March 14, 1919, which prohibited the entry of immigrants of German, Austrian, Hungarian, Bulgarian, or Turkish races, except with the permission of the Minister of Immigration. Additionally, in 1919, this power was invoked to ban the landing in Canada of Dukhobors, Hutterites, and Mennonites.
The Asian race was subjected to an entry ban in 1923, with certain exceptions that were removed in 1930, leaving only the possibility of entry for immediate family, until this ban was lifted in 1956. The immigration regulations of 1954 and 1956 limited admissions to citizens of specifically listed countries, maintaining implicit discrimination until 1962, when a general entry requirement was applied to all, giving preference to those with extended family in Canada. The Immigration Act also included powers to impose financial requirements based on race, as evidenced in 1908 and 1914, when Asian immigrants were required to possess a significantly larger minimum amount of money than other immigrants. Additionally, a continuous journey regulation was imposed which, in practice, excluded immigrants from certain regions, such as India, due to the impossibility of making a direct journey to Canada.
Discrimination also specifically extended to individuals of Chinese and Japanese origin, with acts and regulations that severely restricted their entry and residence in Canada, including elevated entry fees and, in the case of Canadian citizens of Japanese descent, deportation during and after World War II. Discrimination against Jews, although not codified in specific laws, was executed through the abuse of discretion by immigration authorities, effectively denying entry to Canada to Jews fleeing Nazi persecution and the Holocaust. A period in which laws and regulations were used explicitly and implicitly to exclude individuals and groups based on their race, nationality, or ethnicity, until legislative changes began to remove these discriminatory practices in the 1960s and 1970s, seeking to establish admission criteria that did not discriminate on the basis of race, national or ethnic origin, color, religion, or sex.
Two-tier immigration system The "two-tier immigration system" refers to how immigration policy proposals in the province of Quebec result in preferential treatment for economic immigrants (those selected based on their ability to contribute to the economy, such as skilled workers) at the expense of other categories, such as those seeking family reunification. Under such a system: First tier: Economic immigrants who would be admitted more quickly due to the perception that they fill an immediate labor gap or meet economic needs. These immigrants might have access to more resources, a faster application process, or more flexible rules. Second tier: Other immigrants, such as those coming through family reunification programs or as refugees. These immigrants might face longer waiting times, fewer resources, or stricter criteria.
The use of the term "two-tier immigration system" carries a negative connotation, suggesting it is unfair or discriminatory by granting preferential treatment to one group over another. The creation of such systems can generate political and social tensions and is a subject of debate in many nations struggling to balance economic needs with humanitarian and familial considerations.
While this new approach would benefit businesses by providing them with the necessary talent, it is anticipated to prolong waiting times for those seeking family reunification. Currently, the waiting time in Quebec to process a family reunification application is about 34 months. The proportion of economic immigrants rises to 65%, this time increases to three years, according to federal sources. This has an unintended side effect, as skilled immigrants whom Quebec opts for may move to other provinces or territories of Canada, instead of facing long periods of separation from their families.
Immigration policies and quotas Unlike other Canadian provinces, Quebec has the autonomy to decide the number of permanent residents it accepts annually, including those selected for family reunification. This implies obtaining the Quebec Selection Certificate (CSQ) in addition to federal approval by Immigration, Refugees and Citizenship Canada (IRCC). This dual-layered processing has resulted in significant delays, particularly evidenced in the processing times for family reunification, which currently triple the average deadlines compared to the rest of Canada, exceeding 34 months.
In Quebec, there is a tensioned system due to the discrepancy between the number of applications and the available spaces for family reunification. The province of Quebec has set admission caps for family reunification, which have practically been reached for the current year.
These delays are largely attributed to the annual quotas imposed by the government of the Coalition Avenir Québec (CAQ), establishing a limit of 10,400 family reunification cases that can be processed annually, a figure that falls short of the demand, evidenced by the 38,600 files waiting.
The Quebec government has decided to halve the capacity for processing family reunification applications over the next two years. According to the Gazette Officielle du Québec published on June 26, 2024, up to June 2026, a maximum of 13,000 applications will be processed, compared to the 26,416 applications processed between 2021 and 2023. This measure has raised concerns among Quebec residents who wish to reunite with their foreign family members, now facing an average waiting time of 34 months, in contrast to the 10 months in the rest of Canada. Premier François Legault justified the decision, arguing that it is necessary to limit the number of immigrants to ensure the government's ability to provide services and protect the French language. Immigration Minister Christine Fréchette indicated that priority will be given to pending files before accepting new applications, except in specific cases such as the sponsorship of minors under 18. The Quebec government explained that instead of processing new applications, it will focus on files that have been pending for months or even years. This measure has been criticized for its significant impact on families, who will now have to wait even longer to reunite. The Quebec Association of Immigration Lawyers has requested that the federal Immigration Minister ensure family reunification applicants in Quebec receive the same processing times as the rest of the country.
Sponsorship of parents and grandparents