Canada to Begin Collecting Biometric Data From Certain Foreign Nationals
On
December 8, 2012, Citizenship and Immigration Canada ("CIC") published proposed
regulations that will authorize the
collection and use of biometric data from certain foreign nationals who
make an application for a temporary resident visa ("TRV"), study
permit, or work permit. Biometrics is the measurement of an
individual’s unique physical characteristics, such as fingerprints and
facial image; an applicant’s identity can be established through
biometrics because of the uniqueness of these identifiers.
Starting
in 2013, TRV, study permit, and work permit applicants from certain
visa-required countries and territories who seek to enter Canada will
be required to have their biometric information (fingerprints and
photograph) collected overseas before arriving in Canada. Canadian
citizens and permanent residents would not be subject to the proposed
regulation.
The
fingerprints collected abroad would be sent to the Royal Canadian
Mounted Police for storage and would be checked against the fingerprint
records of refugee claimants, previous deportees, persons with Canadian
criminal records, and previous temporary resident applicants before a
visa decision is made. The biometric identity established abroad would
then be checked by a Canada Border Services Agency ("CBSA") officer at
a Canadian port of entry, when the temporary resident applied for
admission to Canada.
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Canada and the United States Sign Visa and Immigration Information-Sharing Agreement
On
December 13, 2012, Citizenship, Immigration and Multiculturalism
Minister Jason Kenney and United States Ambassador to Canada David
Jacobson signed the U.S.-Canada Visa and Immigration Information-Sharing Agreement
(the "Agreement") in furtherance of the Perimeter Security and Economic
Competitiveness Action Plan (the "Action Plan"), which was signed in
2011 by Prime Minister Stephen Harper and President Barack Obama. As
part of the Action Plan, Canada and the United States committed to
share immigration information to improve border efficiency and
security, by establishing and verifying the identities of foreign
nationals, and identifying those who were inadmissible, at the earliest
opportunity.
The
Agreement authorizes development of arrangements under which Canada may
send an automated request for data to the United States, such as when a
third country national applies to Canada for a visa or claims asylum.
Such a request would contain limited information, such as name and date
of birth in the case of biographic sharing, or an anonymous fingerprint
in the case of biometric sharing. If the identity matches that of a
previous application, immigration information may be shared, such as
whether the person has previously been refused a visa or removed from
the other country. The same process would apply in reverse when a third
country national applies to the United States for a visa or claims
asylum.
According
to the Agreement, no information will be shared on Canadian or United
States citizens or permanent residents. However, it will allow both
countries to share information regarding third-country nationals who
apply for a visa or a permit to travel to either country. The Agreement
also provides an additional tool for regular, systematic information
sharing on inland asylum claimants.
