Canada: Enhanced Access to Entry/Exit Data for IRCC Officers
February 7, 2022
At a Glance
- Immigration Refugees and Citizenship Canada (IRCC) officers can now obtain entry and exit information within minutes to verify foreign nationals’ residency in Canada, entry documentation used and overstays. The data will also support investigations into overstays of status and misrepresentations of stay, among others.
- Previously, IRCC officers generally did not have access to this information and relied on their own database and foreign national representations.
- This comes as a result of IRCC being granted access to the Canada Border Services Agency’s (CBSA) Exit/Entry Information System under a memorandum of understanding between the two agencies. The CBSA began collecting this entry/exit information in June 2020.
The situation
Immigration Refugees and Citizenship Canada (IRCC) officers can now obtain entry and exit information within minutes to verify foreign nationals’ residency in Canada, entry documentation used and overstays, as a result of being granted access to the Canada Border Services Agency’s (CBSA) Exit/Entry Information system.
A closer look
- Use of linked system. If an IRCC officer determines that exit and entry information is relevant to their adjudication of an immigration application, the officer can submit an Exit/Entry request to the CBSA. The information can be used in the following ways, but is not limited to:
- Identifying overstays of status for foreign nationals;
- Tracking whether residency requirements have been met for permanent residents;
- Verifying whether information provided in subsequent applications are consistent for refugee claimants;
- Verifying physical presence requirements and assisting in verifying information submitted in an application for citizenship; and
- Determining whether misrepresentations or overstays of status have occurred during investigations.
- Type of information. IRCC officers will be able to see data including individuals’ names, aliases, passport details, gender, date of entry/exit, among others.
- Types of entries and exits. The above information is available for entries and exits by land and air; it is not yet available for marine (including cruise ships) or rail entries.
- Previous system. Previously, IRCC officers did not have access to the exit/entry system and relied on the IRCC database and foreign nationals’ representations only to determine status and track requirements.
Impact
This information-sharing initiative may lead to increased scrutiny of immigration applications and increased compliance with immigration laws. Foreign nationals entering and exiting Canada should ensure they carry proper documentation based on their immigration status in Canada, and foreign nationals and employers should ensure they abide by the terms of the employee’s immigration status.
Background
- History. The CBSA has a coordinated Entry/Exit Information System with the United States that facilitates the exchange of travelers’ biographic information collected upon entry. Additionally, the CBSA also began collecting pre-departure exit information and exit records directly from commercial air carriers in June 2020. Under a memorandum of understanding signed between the CBSA and IRCC, IRCC officers can now access this information.
- Purpose. The purpose of the data-sharing agreement between IRCC and the CBSA is to enable IRCC decision-makers to access relevant information to carry out the administration and enforcement of Canada’s Immigration and Refugee Protection Act.
Looking ahead
IRCC will likely continue to partner with other governmental agencies to share data to streamline their decision-making process and support the administration of Canada’s immigration laws.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
