Entry-Exit Data Collection Boosts Immigration Integrity

Immigration cheats need to watch their backs as a new data collection system comes into full effect, says Toronto immigration lawyer Robin Seligman. 

Since the summer, the Canadian Border Services Agency has been able to collect entry and exit data for travellers crossing the U.S-Canada border by land and share the results with Immigration, Refugees and Citizenship Canada under recent changes to the federal Customs Act.

The entry-exit program, enacted as part of a U.S.-Canada joint initiative known as Beyond the Border Action Plan, will be extended to cover air travel in June 2020.

Seligman, principal of immigration law boutique Seligman Law, says the extra information will improve the integrity of Canada’s entire immigration system.

“Anyone thinking about fraud needs to take note and beware, because the government is now tracking your travel,” she says. “it’s in everyone’s interest to have a fair immigration system, so anything that helps root out fraudsters and cheats should be welcomed.”

According to the federal government, IRCC may access CBSA’s entry-exit data to verify residency requirements as part of citizenship and permanent residence applications processing.

For example, PR applicants generally must be physically present in Canada for 730 days in every five-year period, and the government says entry-exit data will provide a “full picture of whether or not residence has been maintained.”  

The same system may also be used to check up on the residency of sponsors, to ensure that they are actually living in Canada.

Any misrepresentations highlighted by IRCC checks could cost people dearly, according to Seligman, who notes that applicants for permanent residence and citizenship may be denied and barred from Canada for five years as a result.  

In addition, foreign nationals seeking temporary residence could have their entry-exit data examined by IRCC to check if they have previously overstayed an allowable period of time in Canada as visitors, students, or other temporary admission.

The data set may also be used to verify whether refugee applicants entered Canada using their travel documents, as well as to assist IRCC investigations into a person’s entitlement to a Canadian travel document or into possible fraud.  

When it comes to privacy concerns, IRCC insists that it will only retain traveller passage information applicable to open applications, and notes that the federal Privacy Act allows individuals to request a copy of their personal travel history held by the CBSA, and to apply for a correction of any errors.