September 1, 2006: New Simplified Process Introduced for Skilled Worker and Business Class Applicants

On September 1, 2006, Citizenship and Immigration Canada (CIC) announced a new "Simplified Process" for Skilled Worker and Business Class applicants for permanent residence. Under this new process, an application under these categories is initiated by submitting a three-page form and the processing fee. CIC will then contact the applicant at a later time to complete the usual forms and provide the documents needed to support the application. This is a departure from the previous requirement for a "perfected" application, meaning that all forms and supporting documents had to be provided at the time of the initial application. The reason for the change is based on the practical reality that the long processing times being experienced at many visa posts means that it may take several years for an application to be actually assessed. By this time many forms and documents submitted at the time of the initial application will be out of date and will need to be re-done. The simplified process therefore saves the applicant the difficulty of having to do their application twice - once at the time of the initial application, and again when the application is ready to be assessed - by not requiring a complete application at the first stage.

Note that the Simplified Process does not apply to the following types of applicants:

1. Those applying under a Provincial Nominee program,
2. Those applying under the Quebec immigration program,
3. Those who have Arranged Employment,
4. Those who have temporary resident status in Canada as a student or worker and who are applying for permanent residence through Buffalo, USA.
5. Those who are resident in the USA and are applying through Buffalo.

The reason for these exceptions is that each of these categories is considered to be a type of expedited application and processing times should be relatively short so it is necessary that all documents be provided in advance.

The new simplified process is a welcome relief for applicants under the Skilled Worker or Business Class categories since it means they can quickly join the queue to await the processing of their application, and are spared the difficulty and expense of preparing their entire application in advance for little benefit.

August 18, 2006: Total of 262,236 New Immigrants Entered Canada in 2005.

Citizenship and Immigration Canada has released its annual report of facts and figures which show that a total of 262,236 people immigrated to Canada in 2005. Of those, 63,354 were Family Class immigrants; 156,310 were Economic immigrants (including Skilled Workers and Business Class); 35,768 were refugees; and 6,796 fell into other categories, including Humanitarian and Compassionate cases. Skilled Workers remained the largest group of new immigrants, totaling 130,242 people.

The top ten source countries were as follows:

Altogether, the top ten source countries accounted for 144,447 new immigrants to Canada in 2005.

May 13, 2005: Ability to Work in Canada Expanded for Foreign Students

Citizenship and Immigration Canada (CIC) has announced changes to its policy regarding employment for foreign nationals who are in Canada with Study Permits. The new rules expand the ability of foreign students to work while studying and extend the period of post-graduate employment from one year to two years in some instances.

The new "Off-Campus Work Program" allows foreign students who are studying at public post-secondary institutions to work at any place while they are completing their studies. Under the previous rules, foreign students could only work on their school campus, or as teaching assistants or research assistants.

The "Post-Graduation Employment Program" allows foreign students to obtain a work permit in their area of study upon completion of their school program. Previously such a work permit could only be obtained for a one year period but in some instances it is now possible to obtain a two-year work permit. To be eligible for a two-year work permit a student must:

1. Successfully complete a program of study of at least two years,
2. Receive written confirmation from their school confirming they have met the requirements of their course of study,
3. Have studied at and graduated from an institution located outside the Montreal, Toronto, or Vancouver metropolitan areas,
4. Have found employment outside the Montreal, Toronto, or Vancouver metropolitan areas.

The two-year post-graduate work permit is therefore restricted to those foreign students who have studied and who will work outside of the Montreal, Toronto, or Vancouver areas.

February 18, 2005: In-Canada Spousal Sponsorship Class Expanded

Citizenship and Immigration Canada (CIC) has expanded the in-Canada spousal sponsorship category to include spouses or common-law partners of Canadian citizens or permanent residents who are in Canada without legal status. Previously, it was only possible to sponsor a spouse who was in Canada if the spouse had legal status in Canada, such as a visitor visa, study permit, or work permit. Under the new rule, it is possible to sponsor a spouse in Canada who has no legal status provided that the spouse is not under a removal order. This means that an out of status spouse or common-law partner who is in Canada will be allowed to remain in Canada while the immigration authorities process the spousal sponsorship application.

Where a spouse who is in Canada is under a removal order, they may still be sponsored but such an application would have to proceed as a humanitarian and compassionate case, and the fact the spouse is married to a Canadian citizen or permanent resident will not guarantee the success of the application. In such a case the sponsored spouse would have to demonstrate that there would be some exceptional hardship for them if they had to leave Canada and return to their home country to be sponsored back in the regular manner.

January, 2005: Canada - U.S. "Safe Third Country Agreement" on Refugees Implemented

On December 29, 2004 the Canada-U.S. “Safe Third Country Agreement” went into effect. The purpose of this agreement between the two countries is to prevent persons who are in one of the two countries from going to the other country to claim refugee status, since both countries are “safe” countries to claim refugee status in. Under the new agreement, persons who in the United States or in Canada must claim refugee status in that country; they will not be admitted to the other “third” country in order to claim refugee status. For those who wish to enter Canada from the United States as refugee claimants, or vice versa, this new law is a major restriction.

It should be noted that there are certain limitations and exceptions to this agreement. The major limitation to the agreement is that it applies only to the land border points (or “ports-of-entry”) between Canada and the United States, for example, the Rainbow Bridge at Niagara Falls, the Peace Bridge between Buffalo and Fort Erie, or the Detroit-Windsor tunnel. Under the new rules, persons in one of the two countries who go to a land border point and attempt to enter the other country by means of claiming refugee status will be turned back. However, persons who do not use a land border but instead arrive inside either partner country by airplane or by ship, or who otherwise enter the country without accessing a land border point, will be allowed to claim refugee status even if they have travelled directly from the other partner country. Canadian critics of the Safe Third Country Agreement have argued that this loophole will encourage people-smuggling into Canada - because refugees will not be able to enter Canada from the U.S. at the land border legally, instead they will enter Canada illegally and claim refugee status once safely inside the country. Previously, thousands of refugee claimants legally entered Canada every year via the land border with the U.S.

In Canadian law, there are also certain exceptions to the Safe Third Country Agreement. Some categories of people will still be admitted at the land border with the United States into Canada as refugee claimants. Basically, the main exception categories are:

1. Refugee claimants who have family members who are legally in Canada. Family members include a spouse or common law partner, a legal guardian, a child, a father or mother, a brother or sister, a grandfather or grandmother, a grandchild, and uncle or aunt, or a nephew or niece. “Legally in Canada” means the family member must be a Canadian citizen, a permanent resident, a protected person (have already been granted refugee status), a person accepted in principal on Humanitarian and Compassionate (H&C) grounds, a refugee claimant who is at least 18 years old, or a holder of a work permit or study permit where the person is at least 18 years old.
2. Unaccompanied minors. Persons who are under the age of 18 and not accompanied by their parents or a legal guardian, are unmarried, and who do not have a mother, father, or legal guardian in Canada or the United States.
3. Holders of valid Canadian visas other than transit visas.
4. Persons from countries who do not require a visa to enter Canada but do require a visa to enter the U.S. This list of countries is subject to change but currently includes Antigua and Barbuda, Bahamas, Barbados, Botswana, Cyprus, Greece, Malaysia, Malta, Mexico, Namibia, Papua New Guinea, Republic of Korea, St. Kitts and Nevis, St. Lucia, St. Vincent, Saudi Arabia, Solomon Islands, Swaziland, and Western Samoa.
5. Persons who have been charged with or convicted of an offence in the United States that may be punished by the death penalty.
6. Persons who have been charged with or convicted of an offence that may be punished by the death penalty in their home country.
7. Persons who are citizens of countries Canada has suspended removals to. This list of countries is subject to change but currently includes Afghanistan, Burundi, Democratic Republic of Congo, Haiti, Iraq, Liberia, Rwanda, and Zimbabwe.
8. Citizens of the United States.

As roughly one third of the approximately 30,000 people who claim refugee status in Canada every year traditionally entered Canada via the land border from the United States, it is anticipated that the Safe Third Country Agreement will have a major impact in reducing the number of refugee claimants entering Canada

September 2003: Skilled Worker Pass Mark Lowered to 67

The Minister of Immigration has announced changes to the pass mark for Skilled Worker applications for permanent residence in Canada. The pass mark is now 67. This is dramatically lower than the previous pass mark of 75 and should enable thousands of more people who want to immigrate to Canada to qualify. Skilled worker applicants are tested for eligibility on a point system which measures their qualifications in six different areas, which include education, language ability, work experience, age, arranged employment, and adaptability. A total of 100 points is available.

June 2002: Designated Refugee “Source Countries” Created Under New Act

The new Immigration and Refugee Protection Act and its regulations came into full effect in June 2002, replacing the former Immigration Act. This is the first major reform of Canadian immigration legislation in over twenty years. One of the changes introduced to the immigration and refugee system under the new Act is the introduction of a new “Source Country” class of refugees. Under this category, persons who are in their country of citizenship and are experiencing persecution may apply for refugee status directly to the Canadian government. As a result, such persons do not need to leave their home country to claim refugee status, which is a departure from the regular refugee process, which requires that a person must first flee their home country and make their way to Canada in order to make a claim. The Source Countries are set by the Immigration authorities on the basis of conditions in those countries, and are subject to change as conditions change. Currently, the list of Source Countries includes Colombia, Democratic Republic of the Congo, El Salvador, Guatemala, Sierra Leone, and Sudan.

Disclaimer: the information included on this website is intended to be of a general nature and does not constitute legal advice.