Federal Government to Place Moratorium on New Skilled Worker and Investor Immigrant Applications

Tradespeople like welders will be given greater preference in the revamped Federal Skilled Worker program after the moratorium on the program is lifted

Postmedia News has reported that the federal government is going to place a moratorium on accepting new applications for permanent residence under the Federal Skilled Worker and Federal Immigrant Investor programs, which were set to begin accepting applications for the year on July 1st.

Citizenship and Immigration Canada (CIC) plans on revamping both programs to maximize their contribution to the Canadian economy, create a faster application review process and deal with the backlog of applications that have not been processed, before restarting the program, which it expects to do by January 2013.

Immigration Minister Jason Kenney has previously said that the Federal Immigrant Investor program’s $800,000 minimum investment requirement for applicants, which was increased from $400,000 in 2010, is still too low, and that the type of investment should be changed from the current no-interest five year loan to a permanent investment into the Canadian economy.

Last year, the 700 applicant annual quota for the investor program was filled in 30 minutes, with wealthy foreigners chartering private planes to be the first to submit their applications to the Sydney, Nova Scotia intake office. Mr. Kenney says that given the demand, the federal government will be able to increase the price of permanent residency status in Canada for wealthy foreigners.

The revamped Federal Skilled Worker program meanwhile is expected to get a new stream for skilled tradespeople which will replace formal education requirements with a requirement for applicants to be skilled in trades that are in demand in the Canadian economy, particularly in the resource sectors.

 

Federal Government Loses Legal Battle over 900 Cases in Application Backlog

A lawsuit by 900 individuals who sued the federal government for the delay in the processing of their application for permanent residence in Canada succeeded today, as a federal court ruled in their favour. The ruling puts into question the entire wipe-out of the 280,000 Federal Skilled Worker Program backlog.

The federal government’s efforts to wipe out the 280,000 Federal Skilled Worker Program application backlog through legislation had a major setback today, as a court ruled that the government must process the applications of 900 people who sued the federal government for the delay in the processing of their application, and whose applications were among the 280,000 closed as part of the wipe-out.

The presiding judge, Justice Donald Rennie, wrote in his decision that the federal government has the legal right to refuse to process an application, but that once it has begun processing an application, it is obligated to finalize the processing in a timely manner. This opens the door for the remaining 280,000 individuals affected by the legislated wipeout of their application to sue to have their application re-opened and processed.

Justice Rennie also rejected the federal government’s request for appeal, and ordered that the federal government finalize the application of the lead litigant, an IT project manager in China, by October 14th.

 

Judge Denies Injunction to Prevent Applications in Backlog From Being Closed

A federal court judge has rejected a request by over 800 applicants for immigration to Canada whose applications will be closed as part of the wipe-out of the 280,000 Federal Skilled Worker program application backlog, and who are suing the federal government for its delay in processing their files, for an injunction to force the federal government to keep their immigration applications open until the case is decided upon.

A federal court judge denied a request by 800 immigration applicants for an injunction against the federal government. (UNODC)

The judge said that the court doesn’t have authority to decide on legislation that has not yet passed, and deny the Immigration Ministry powers that it does not currently have. The case is set to be decided upon next month, after the legislation, Bill C-38, which is expected to be passed in June, is in effect.

A spokeswoman for Immigration Minister Jason Kenney said that the government was pleased with the decision and expects the legislation to stand up to all legal challenges.

Immigration Applicants Sue Canadian Government for Wipe-out of 280,000 Application Backlog

A group of former applicants for immigration to Canada are suing the Canadian government for its decision to wipe-out the backlog of approximately 280,000 applications filed under the Federal Skilled Worker program before February 27th 2008.

Toronto lawyer Lorne Waldman is representing at least 40 people from China and Hong Kong who had their applications closed in the wipe-out. The legal action seeks to force the federal government to process their applications. The hearing for the case will be on June 5th.

A group of at least 40 immigration applicants are suing the Canadian government for closing their applications (UNODC)

Waldman is also seeking an injunction to force the federal government to keep his clients’ applications open once bill c-38 passes, and the backlog wipe-out is legally put into effect, until the case is decided.

The federal government argues that the wipe-out of the 280,000 applications was necessary to implement a new immigration assessment system, as the processing of old applications was taking focus away from processing applications filed under more recent rules that better meet Canada’s needs.

Immigration Minister Jason Kenney says he’s confident this latest legislation will stand legal challenges, but the federal government’s attempt to wipe-out a backlog ten years ago legislatively through a retroactive change in the assessment system failed due to legal challenges.

Globe and Mail Argues Canada Needs Millions of Immigrants

An article published on Sunday in the Globe and Mail, Canada’s largest national newspaper, argues that Canada needs millions more immigrants, and that the federal government should go even further in the changes it is making to the country’s immigration program and increase the number admitted into Canada each year.

The piece, by Joe Friesen, summarizes the argument for immigration as:

Between now and 2021, a million jobs are expected to go unfilled across Canada. Ottawa is making reforms to the immigration system but isn’t going far enough. We need to radically boost immigration numbers. With the right people, Canada can be an innovative world power. Without them, we’ll drain away our potential.

It provides several cases where immigration helped local communities and enriched the Canadian economy.

Winkler Manitoba was the first community to admit foreign skilled workers under a provincial nominee program (City of Winkler)

In the first example, it describes the experience of Steinbach, a small Manitoba town, which was seeing its population dwindle in the 1990s, until it borrowed a solution from another small town, Winkler Manitoba, and began admitting skilled worker immigrants under Canada’s first provincial nominee program, that a member of Winkler’s Chamber of Commerce, Adele Dyck, had helped trailblaze.

Steinbach experienced a 60 percent increase in its population since the mid 90s thanks to immigration, and is now a bustling and growing multi-cultural community, with 900 immigrants being admitted last year alone.

Friesen explains that the problem that Steinbach faced exists all across Canada, for example in the Alberta oil sands, Saskatchewan potash mines, secondary towns in Ontario, and in Atlantic Canada, with its aging population.

The federal government’s current plan for immigration “falls short”, writes Friesen, because it doesn’t boost the number of immigrants admitted each year, “despite demands from nearly every provincial government.”

The article argues that the aging Canadian population requires higher immigration numbers to maintain a sufficient tax base to support retirees’ pensions and health care services. Friesen writes that given the support among the Canadian population for immigration, an expansion of the immigration program would be politically possible, unlike in other countries which have greater public resistance to immigration.

It’s not just funding pensioners’ retirements that provides an argument for higher immigration numbers, argues Friesen, but also realizing the ideal of Canada becoming a world power. He quotes University of Toronto public policy professor Irvin Studin as stating that Canada could reach a population of 100 million with enough immigration.

The article argues that Canada could overcome the problems that arise with immigration, like difficulty for some immigrants to integrate, and culture clashes, and points out that “immigrants under Manitoba’s provincial-nominee program have education levels three times higher than the provincial average”, which bodes well for their likelihood of future success.

High immigration levels have been typical in Canadian history, notes Friesen. He explains that from 1903 to 1913, annual immigration was over 2 percent of the Canadian population, and before the First World War, it reached 400,000 per year, over 5 percent of Canada’s population.

In the 1960s, some racial restrictions on immigration were lifted, and immigration numbers continued to increase with Brian Mulroney’s Progressive Conservatives, and then later with the Liberals.

The recommendation from late economist Alan Green, to peg immigration at 1% of the population, became a central part of the Liberal party’s platform, but immigration numbers never actually reached those proportions, and as a percentage of the population, have decreased since 1992.

The article explains that several prominent organizations, including the Royal Bank, have urged the Canadian government to increase annual immigration to 340,000 and more, but that Immigration Minister Jason Kenney points to opinion polls showing that Canadians do not want higher immigration levels as reason to not boost them.

If the composition of total immigration numbers changes to increase the percentage of economic immigrants from 60% to 75%, the economic success of the typical immigrant (who at the moment have significantly lower average incomes than natural born Canadians for the first few years after they immigrate to Canada), and with it the perception Canadians have of immigrants, could improve, argues Friesen, and this could make it more possible to increase immigration numbers from the current 250,000 to 400,000.

A larger labour force is not the only benefit of more immigration described in the article. The Canadian economy could also see higher levels of innovation, due to the infusion of highly educated immigrants from diverse cultures. Supporting this theory is the fact, relayed by Jonah Lehrer, an American author specializing in the implications of neuroscience, that for each percentage increase in the number of immigrants with college degrees, the number of patents increases by 15 percent.

Hi-tech industries benefit from immigration, Friesen writes. He describes the multi-ethnic workforce at Communitech Hub, a tech incubator co-organized by the University of Waterloo, and the start-up, Antvibes, founded by Iranian-born Vigen Nazarian. Vigen believes that “people of different backgrounds take different approaches to problem solving, and with unusually successful outcomes”.

Friesen suggests that the best approach to immigration is to allow younger immigrants, meaning those in their mid-30s, encourage immigration to smaller towns, rather than larger population centres, and let individual communities participate in the selection process for immigrants.

The article is the most comprehensive argument for higher immigration levels seen in national Canadian media in recent history.

 

 

Canadian Company receives Immigrant Success Award for Hiring Skilled Immigrants

Maxxam is a Canadian analytical services provider for the energy, environmental, food and DNA industries (Maxxam 2012)

Maxxam Analytics, a Canadian provider of analytical services for industry, has received the Toronto Star Award for Excellence in Workplace Integration at the sixth annual Toronto Region Immigrant Employment Council Immigrant Success Awards on Thursday.

The Mississauga Ontario based company was praised at the ceremony for enrolling over 400 skilled immigrants into its co-op program, which is similar to the co-op program it offers to students and graduates.

Maxxam has ended up hiring over half of the skilled immigrants that have gone through its co-op program, providing them with much needed skills and Canadian work experience.

The Toronto Region Immigrant Employment Council hosts an annual Immigrant Success Awards ceremony (TRIEC)

Citizenship and Immigration Canada has been looking for ways to improve skilled immigrants’ employment prospects in recent years, as evidence has been mounting that recent immigrants have lower average incomes and a higher unemployment rate than natural-born Canadians and longer term immigrants.

The Toronto Region Immigrant Employment Council has received federal funding for several programs to help skilled immigrants find employment in the Greater Toronto Area (GTA) recently, including the creation of an online jobs networking site for Canadian Immigrant communities, www.networksforimmigrants.ca, as part of its Professional Immigrant Networks initiative.

Canada Immigration Minister says Foreign Doctors could be ‘Fast-Tracked’ into Canada

Immigration Minister Jason Kenney during an interview with the London Free Press editorial board in London, Ont. on April 17, 2012 (Morris Lamont/QMI Agency)

In an interview in the London Health Sciences Centre on Tuesday, Immigration Minister Jason Kenney announced that the Canadian government is looking to fast-track foreign-trained doctors to help fill Canada’s shortage of physicians.

“It’s critical our immigration system respond to current and future shortages and across the spectrum of the labour market” Mr. Kenney said in the interview.

The reports of the possible fast-track program for physicians are being looked on favourably in the province of Saskatchewan, as provincial officials say it currently takes two years for foreign physicians immigrating to the province to have their application approved.

No details have been released about the fast-track program for physicians, so it is not known what qualifications foreign-trained doctors need to meet to be eligible, and how long a fast-tracked application would take to get approval.

 

Immigration Canada to Create New ‘Skilled Trades Worker’ Program

The federal government will be creating a new Federal Skilled Worker Program specifically for tradespeople later in the year, that is intended to help meet Canada’s shortage of skilled trades labor.

Immigration Minister Jason Kenney remarked that “we are facing huge and growing labour shortages in Canada, particularly here in the West and in Alberta” at a construction site in Calgary earlier in the month.

The current Federal Skilled Worker Program scores immigration applicants out of 100 points, with a passing score of 67. The criteria the score is based on are English/French language ability, education, work experience, age, the existence of a Canadian job offer to them, and their adaptability.

The assessment criteria have been unfavorable to skilled tradespeople, who generally score lower on language ability and education than skilled professionals, resulting in skilled tradespeople making up only three percent of those accepted under the current Federal Skilled Workers Program.

The new skilled trades immigration class will put more emphasis on practical training, as opposed to just formal education, and will favor trade workers skilled in construction, mining, transportation, manufacturing and services.

 

Update on Canadian Government’s slashing of pre-2008 Skilled Worker applications

As posted earlier, the Conservative government proposed to eliminate 280,000 applications filed before February 27th 2008 for the Federal Skilled Worker Program.

Here are some questions that you may have:

Will I be affected by the proposed changes?

Under the proposed changes, CIC would close Federal Skilled Worker applicants’ files if they:

  • applied before February 27, 2008, and
  • have not had a decision made by an immigration officer based on selection criteria by March 29, 2012.

It is expect this would affect around 280,000 people including dependents.

Who will not be affected by the proposed changes?

Any application that has received a file number after February 27, 2008 so you will not be affected if your file number was received after this date.

What is being done to respond to this decision by the Canadian government?

Immigration consultants are looking into a joint effort to stop the finalization of the proposal. It is expected that the changes will happen as the Conservative party holds a majority and it will receive enough votes to pass through.

There is a good chance that this issue will drag on and head to the Supreme Court. However, once or if it gets to that, it will not be for another few years as complaints against the government must go through many legal hurdles.

What options do I have if my application is removed from the backlog?

This depends on the individual applicant. Unfortunately, some applicants will not have any options under the new rules and regulations. There are currently over 60 immigration programs under both federal and provincial governments.

Will I receive a refund?

Your government application fees will be refunded. The professional fees will be treated as per the particular agreement each client has with their consulting firm.

Canadian Government to Create International ‘Job Bank’

A new international job bank for immigrants to be launched (BRIAN SNYDER/REUTERS)

As part of the revamp to Canada’s immigration assessment system, the federal government has announced that it will create a ‘job bank’ in which all immigration skilled worker applicants will be placed, and from which Canadian employers and provinces will be able to recruit.

Those immigration applicants selected by a Canadian employer or province would then have their applications fast-tracked, making application processing times more dependent on the demand from provinces and Canadian employers for applicants’ skills, rather than the current criteria of time spent in the queue.

The job bank idea is modelled after New Zealand’s immigration system, which also pools applicants and allows employers to cherry-pick the most promising ones. The new immigration assessment system is expected to take at least two years to implement.

Canadian Immigration Minister Jason Kenney said the Canadian government would also try to reduce the phenomenon of areas of high unemployment recruiting immigrants for labor. He said immigration authorities would require employers to prove they attempted and were unable to recruit Canadians before they are able to offer a job to an immigration applicant and nominate to have their application fast-tracked.