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IMMIGRATION TRENDSPresented at Humber College, Lakeshore Campus
October 24, 2014
Aisling Bondy, Barrister & SolicitorBondy Immigration Law82 Richmond Street East, Suite 401Toronto, Ontario M5C 1P1T: 416-323-0339F: [email protected]
CHANGING IMMIGRATION REQUIREMENTS
ALREADY REVIEWED IN PREVIOUS PRESENTATION
Citizenship
Family Class
REFUGEE CLAIMANTS
Claimants treated differently based on country of origin (“designated country of origin” or “DCO” list)
Faster processing times
Access to Refugee Appeal Division for some claimants
Limited access to Humanitarian and Compassionate Applications and Pre-Removal Risk Assessments for failed claimants
REFUGEE CLAIMANTS (CONT’D)
Claimants from countries DCO list can be deported while their Application for Leave and for Judicial Review of refused refugee decision is pending before the Federal Court
Limited access to health care
Limited access to work permits for claimants from DCOs
Bill currently before Parliament allowing provinces to limit access to social assistance
STUDENTS
Most (but not all!) international students can work without a permit while they are studying
Post-Graduate Work Permits for students once they graduate
Graduating from program in Canada can facilitate an application for permanent residence; some examples: Ontario Provincial Nominee Program for graduates from
masters and PhD programs FSW program for PhD students Post-Graduate Work Permits facilitates obtaining work
experience required for Canadian Experience Class
FOREIGN WORKERS
More difficult to obtain a Labour Market Impact Assessment (LMIA) in order to obtain a work permit Can impact those who are already in Canada on
an open work permit and need an LMIA in order to remain in Canada
Four year limit on some types of work permits
Expansion of number of work permits granted under the International Experience Class (work permits granted under international agreements), especially to youth of certain nationalities
INADMISSIBLE PEOPLE
Limited venues for remedying inadmissibility
No H&C applications for certain types of inadmissibilities
Ministerial Relief applications limited in scope (can only consider “national security and public safety considerations”, no other factors, such as H&C or Best Interest of the Child factors)
More complex procedure for obtaining pardon for criminality in Canada
PERMANENT RESIDENTS
Limited access to the Immigration Appeal Division for permanent residents who are found to be inadmissible due to serious criminality
ECONOMIC CLASSES OF IMMIGRATION
Current categories
Federal Skilled Worker
Federal Skilled Trades
Canadian Experience Class
Provincial Nominee Programs
ECONOMIC CLASSES OF IMMIGRATION (CONT’D)
Express Entry Applicant files an “expression of interest” online with
their personal profile Applicant will be given a “human capital score” based
on their personal profile, and then ranked against other applicants based on that score
Applicants with a job offer or provincial nomination will be given sufficient points that they will be ranked highest
Every two weeks, CIC will select the highest ranking applicants and invite them to apply (“invitation to apply”)
Applicants will have 60 days to file an application for permanent residence under one of the existing categories (i.e. FSW, FST, CEC, or PNP) after receiving an invitation to apply
ECONOMIC CLASSES OF IMMIGRATION (CONT’D)
General trends in Economic Class Requirements
Increased requirement for English / French language skills, and for most types of applications official English / French language testing is required
Increased requirement for work experience in Canada or job offer in Canada
Favouring applicants with experience in certain occupations based on Canadian labour needs
HYPOTHESIZING ABOUT FUTURE IMMIGRATION TRENDS
HYPOTHESIZING ABOUT FUTURE IMMIGRATION TRENDS
Increasingly vulnerable refugee claimants Less access to social supports (ex. access to
health care, work permits, social assistance) Less access to alternative means to remain in
Canada if claim refused
Persons in Canada who cannot obtain permanent residence due to inadmissibilities that cannot be resolved
HYPOTHESIZING ABOUT FUTURE IMMIGRATION TRENDS (CONT’D)
Some foreign workers with jobs but who are unable to extend work permits or obtain permanent residence (due to four year restriction on work permits and increased language requirements for economic PR classes)
Youth on open work permits under the International Experience Class
Students coming to Canada to study for the sole purpose of obtaining permanent residence
Newcomers under the economic classes are more likely to already have work and strong English skills
HYPOTHESIZING ABOUT FUTURE IMMIGRATION TRENDS (CONT’D)
Easier to lose Permanent Residence once acquired Conditional Permanent Residence for family class Less access to the IAD for PRs who are convicted
of crimes
More difficult to obtain citizenship (English requirements, residency requirements, etc.)
Increased powers to revoke citizenship
