The first change is the abolition of the retroactivity of immigration legislation. “I propose that all applications for permanent resident status under the economic category filed before January 1, 2002, be considered under the rules prescribed by the old immigration law,” said Minister Coderre. In his opinion, this step will allow the era of old legislation to be brought to a close with the least inconsistency and to introduce the new law gently, openly, and transparently.
Let us recall how events unfolded after January 1, 2002. On that day, not the brightest for many thousands of people, the Canadian government announced the introduction, as of June 28, 2002, of a new immigration law that significantly raises the requirements for those who want to become residents of this country. And in the summer, after the new legislation came into force, the Ministry of Immigration slowed down the processing of immigration cases for skilled professionals and subsequently applied the new requirements to them — retroactivity. Now this practice has been abolished.
By the way, by the time the new legislation was fully introduced, Canadian immigration offices had accumulated 104,000 applications sent from all over the world. If we assume that behind each application there is a family of 2.5 people, then we are talking about 260,000 people. For many of them, hope has dawned again and a chance to become residents of Canada has loomed.
It is also worth recalling that this did not happen spontaneously. More than 60 class-action lawsuits demanding the abolition of the retroactivity of the law, or at the very least compensation for the victims of legislative injustice, landed on the desks of Canadian judges. Incidentally, civil lawyers who took on these cases predicted that the immigration ministry would not take the matter to court and would settle. They turned out to be right.
However, the minister did not limit himself to abolishing retroactivity. At the same time, on September 18, he proposed softening the new immigration law: lowering the passing score from 75 to 67 that a highly qualified professional must achieve to become a permanent resident of Canada. “By lowering the passing score,” said the minister, “we will further ease the process for Canadian employers to attract the qualified workers they need, while preserving the conditions under which new residents can quickly succeed in their new environment. When we introduced the new law, I promised that we would constantly monitor the passing score and adjust it according to our needs. That is what we are doing now.”
In conclusion, Minister Coderre said: “Since 1996, the government has conducted broad and regular consultations to create an immigration system that would meet the needs of all stakeholders—from applicants themselves to employers and communities. The country needs qualified workers and conscientious taxpayers, thanks to whom Canada's immigration system operates. The changes to the law proposed today confirm our desire and readiness to listen to the opinions of all stakeholders, so that together we can promote immigration in line with our resources and act according to a balanced plan.”
Here is how Canadian immigration lawyer Felix Semberov commented on the changes on the pages of “The Foreigner”:
- First of all, I would like to note that the minister's speech merely formulates the policy of the Ministry of Citizenship and Immigration of Canada. This agency has yet to properly formalize the minister's first proposal. And yet, already today we can reassure many people: the Canadian government is meeting them halfway and intends to fairly review their cases—in accordance with the criteria that were in effect at the time they filed their applications. Those old applicants who were denied because the new criteria were applied to them may file a request for a review of their case before the end of the current year. And it will certainly be reviewed under the old criteria.
But the minister's second proposal came into force as early as September 18. Henceforth, the passing score for highly qualified specialists is 67—that is, 8 points lower than before. I have done a small analysis and tried to estimate how such a lowering of the passing bar might change the situation. Here is what I got.
A principal applicant who has no additional bonus sources—relatives in Canada (5 points) or a job offer (15 points)—can overcome the passing barrier provided that: he has a Master’s degree or 17 years of education. To accumulate 17 years of study—with 10 years of school and 5 years of university education—he will have to additionally study in graduate school. This will give him 25 points;
4 years of work experience will add 21 points;
he is between the ages of 21 and 49—another 10 points;
his spouse (or partner) has a higher education—plus 4-5 points. Here it is also worth recalling that Canadian immigration legislation recognizes common-law marriages.
Total—60-61 points.
The six to seven missing points must be earned on the IELTS language exam. You will agree that it is far more realistic to get 7 points out of 16 possible than 15.
What conclusion can be drawn after all these calculations? The proposed relaxation by no means throws open the gates for the huge mass of those wishing to move to Canada—as it was under the old immigration legislation. But it does open them for highly educated couples with a good command of one of Canada's official languages. As recently as yesterday, they had no chance of obtaining status.