Recent Changes

By the FCJ Refugee Centre

What are the basic options that the Immigration and Refugee Protection Act (IRPA) offers to migrants?

Temporary Residence Applications (from abroad)

Visiting CanadaStudying in CanadaClosed Work permit

(e.g. Live-in Caregivers, Seasonal Agriculture Workers)Open Work permit

(e.g. Free trade countries for young people)

Temporary Stays in Canada:

Refugee Claimant

Stay of Removal before the Federal Court

Administrative stay of removal by CIC

Pre-Removal Risk Assessment Applicant

Temporary Resident Permit

Permanent Residence Applications (from abroad)

➢Skilled Worker Class➢Business Class

➢(e.g. investors and entrepreneur)

➢Provincial Nomination➢Family Class➢Resettlement of Refugees

➢(e.g. government and private sponsorship program)

➢H&C at Canadian Embassies

Permanent Residents Applications (From within Canada)

Canadian Experience ClassSpouse or Common-Law Partner in Canada

ClassProtected Persons and Convention Refugees

(e.g. IRB or PRRA positive decision) Temporary Resident Permit Holder (after 3

years)Work Permit Holder in Special Program

(e.g. Live-in care giver program, Provincial nominee program )H&C only option for non-status people in

CanadaSuccessful establishmentUndo hardship

Economic Immigration Policy Shift occurring without debateSkilled Worker program reduced from 50% of

all immigrants in 2005 to less than 30% in 2009Temporary Foreign Workers increased by over

70% between 2004 and 2009Most of growth in TFW program is result of

Low Skill Pilot Project – not eligible for permanent residenceTFWs not eligible for servicesTFWs with “closed” work permits being exploited

Services delayed for those who qualify for Canadian Experience Class

Minister Jason Kenney says:

“We expect new federal skilled worker applicants, including those with arranged employment, to receive a decision within six to 12 months compared with up to six years under the old system,” said Minister Kenney. “All other economic class applications—including applicants chosen by Quebec, provincial nominees, the Canadian Experience Class, and live-in caregivers—will continue to be given priority.”

(Canadian Experience Class, CIC consultations, 2008)

Recent Policy Changes: Skilled Workers and Professionals

Federal Skilled WorkersCanadian Experience ClassChanges to the Refugee Protection ActCitizenship Guidelines

(CIC website http://www.cic.gc.ca/EnGLIsh/information/faq/immigrate/skilled/skilled-faq13.asp)

Federal Skilled Worker Class Skilled workers are people who have education

and work experience that will help them become economically established in Canada. They must:

meet minimum work experience requirements; have the funds required to settle in Canada; have sufficient points to meet the newest pass

mark.

(New World Immigration website)http://www.visa808.com/english/worker.shtml#federal

Federal Skilled Worker ... What’s new?

Applicants are in 38 high-demand occupations such as health, skilled trades, finance and resource extraction; or

Applicants have an offer of arranged employment or have already been living legally in Canada for one year as a temporary foreign worker or international student.

(CIC website)http://www.cic.gc.ca/english/DEPARTMENT/MEDIA/

releases/2008/2008-11-28.asp

Canadian Experience Class (2008)Temporary foreign workers encouraged to apply if: they have a secondary school diploma, trade certificate or apprenticeship and have at least 2 yrs of recent (within 3

yrs. of the application) full-time Canadian skilled work experience.

Applicants can apply for Permanent Resident Status in Canada

Canadian Experience Class... What’s new?

Application based on employer trustApplicants must meet at least minimum English

language proficiency.

International students encouraged to apply if:they have 2 years of Canadian post-secondary

education (10 academic months) and have 1 year of full-time Canadian skilled work

experience (within 2 yrs. of the application) in management, professional, and skilled and technical occupations (defined by the NOC)

Temporary Foreign Workers Program (TFWP)

There were 2 main proposals to this program put forth in 2009: TFW’s can stay for a maximum of 4 years followed

by a period of 6 years during which they will not be allowed to work in Canada.

To restrict employer’s access to TFWP for 2 years when the employer has provided previous TFW’s with wages, working conditions/occupations that are significantly different from those typically offered.

(CCR- Comments on proposed changes to the TFWP, Canada Gazette, Part 10 October 2009)

Proposed Changes to the Live-In Caregiver Program

To eliminate the required 2nd medical examination before Permanent Residence (PR) is granted.

The time period in which to meet the requirements to apply for PR will be extended from 3 years to 4.

Caregivers working overtime can apply for PR in a shorter time provided they finish the required 3,900 hours of work.

Employers required by the federal and provincial governments to pay travel costs, medical insurance, workplace safety insurance, recruiting fees to 3rd parties.

Proposed Changes to the Live-In Caregiver Program

Employment contracts to include: employer-paid benefits employers must sign mandatory clauses in the contract

clearly outlining caregiver duties, hours of work, overtime and holidays, sick leave and termination and resignation terms.

New agreements with provinces to ensure monitoring and enforcement of these mandatory contracts.

To improve information packages so caregivers know their rights, what action they can take and who to call to protect themselves before they come to Canada.

Proposed Changes to the Live-In Caregiver Program

To open a 24 hour Live-In Caregiver hotline for people to call for help.To implement an agreement between CIC and Human Resources and

Social Development to allow for fast-track emergency issuing (within 3 weeks) of new work permits and Labour Market Opinions.If a caregiver is in an abusive situation she will no longer be stuck for

months and months searching for a new employer.Getting a Labour Market Opinion, and getting the work permit as the clock

ticks on her three-year maximum to permanent residency.

December 2009 –

A new law was passed in Ontario to penalize persons charging a placement/recruitment fee to a Care-giver –

$50, 000 and up to 1 year in prison.

New Law – Live-In Caregiver Program

December 2009 – A new law was passed in

Ontario to penalize persons charging a placement/recruitment fee to a Care-giver. – $50, 000 and up to 1 year in prison.

(CIC website -http://www.cic.gc.ca/english/DEPARTMENT/media/releases/2009/2009-12-12.asp)

New Citizenship LawTook effect on April 17, 2009. Restores or gives Canadian citizenship to those who never

had it or lost it Certain people who became Canadian citizens on or after

January 1, 1947, when the first Citizenship Act took effect, and who then lost it, now have their status restored retroactively to the date they lost it.

People who have never been Canadians, but who are part of the first generation born outside Canada to a Canadian parent, became Canadians under the new law. Their citizenship is retroactive to their date of birth.

(CIC website http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq01.asp)

New Citizenship Law

Limits Canadian citizenship to the first generation born to Canadian parents outside Canada.

Adoption outside of Canada is affected. They became Canadian Citizens from the date of the adoption by Canadian

parents New Canadian Citizenship Guide New Canadian

Citizenship Guide CIC website -

http://www.cic.gc.ca/english/information/faq/citizenship/cit-rules-faq09.asp)

Recent Policy Changes to Refugee Protection

On July 23, 2009 a change was made to the ‘Canada – U.S. Safe Third Country Agreement:The exception clause in the Safe Third Country

Agreement that allowed people from countries under a ‘temporary suspension of removals’ (TSR) to make a refugee claim in Canada at a Canada-U.S. land border, was removed.

The TSR countries are: Afghanistan, the Democratic Republic of Congo, Haiti, Iraq and Zimbabwe)

Changes to the Safe Third Country are:Since October 2009: Persons from TSR

Countries arriving at a Canada-U.S. land border will be ineligible to make a refugee claim in Canada. They would instead need to apply for protection

in the United States.People already in Canada or arriving at a port of

entry that is not a land border with the United States will not be affected.

People from Haiti? (CIC website-

http://www.cic.gc.ca/ENGLISH/department/media/notices/notice-removal.asp)

Changes to Visa RequirementIn July 2009, CIC imposed a visa

requirement on persons from Mexico and the Czech Republic.

Before the changes were made, persons from these countries were making almost 35% of all refugee claimants in Canada.

(CCR website - http://www.ccrweb.ca/en/bulletin/09/07/14)

Refugee Reform (Bill C-11) Occurring without debateFaster (Reducing the processing time)More control to the Minister of Immigration

Civil servants taking over the Refugee Determination Hearing

Safe Country of Origen Proposing an IRB Refuge Appeal DivisionFinal decision (Not H&C or PRRA for the

majority of Rejected Refugees)Increasing the resettlement of overseas refugeesIncreasing budget for IRBImplemented in 2 years