To begin with, a bit of history. Let me remind you that the Federal Skilled Worker Class (FSWC) program was the main immigration program for those who wanted to obtain permanent resident status in Canada for a good 20 years. The rules for immigrating under it were quite simple and clear. However, this simplicity and accessibility worked against it – the number of people wishing to become Canadians significantly exceeded the allocated immigration quotas, which caused application processing times to stretch over several years. Therefore, starting in 2002, attempts were made to change the selection criteria in order to reduce the number of applications accepted and the time it took to process them.
As a result of these actions, the situation improved in a number of embassies. In particular, the Moscow embassy worked almost perfectly from 2004 to 2010, with application processing times rarely exceeding a year and a half. At the same time, in a number of countries from which the main flow of immigrants came (India, China, Pakistan, Philippines), the situation was not so rosy – there, application processing times sometimes reached 7-8 years or more.
The Conservative government that came to power in the mid-2000s began large-scale experiments to fix the situation. Which, unfortunately, did not bring success – it all boiled down to a simple reduction in application intake and the closure of a number of programs. Along with this, some also unsuccessful changes were made to existing programs. In particular, the result of the experiments with the Skilled Worker Class program, which began back in 2008, was the cessation of application intake on July 1, 2012. At the same time, there were statements that the selection criteria would be changed, and the program would be reopened only after a detailed analysis and bringing it in line with today's requirements.
Let's try to see to what extent what is now proposed meets the stated goals? The result, in my opinion, did not live up to expectations. In the form in which this program is implemented, it differs little from the previous version. It can hardly be considered a revolutionary step to change the point structure, and the other conditions were already present in various variations in the previously existing selection rules. Therefore, one cannot shake the feeling that the FSWC program in the form in which it is being opened on May 4, 2013 is nothing more than a temporary compromise option that will soon be replaced by something else.
In particular, judging by the allocated quota (only 5 thousand applications), the current government does not consider this program as a tool to attract immigrants to the country. At least at the current stage. Let me remind you that in the old days, up to 100-120 thousand immigration visas were issued annually under the FSWC program. Even in previous years, when the introduction of limits on the number of applications accepted was considered a draconian measure, they were higher. For example, in 2010, a quota of 20 thousand applications was allocated under this program (1 thousand applications for each specialty). Now, let me remind you, the quota is only 5 thousand applications, with a limit of 300 applications per occupation.
The Queue Problem
The task of the Ministry of Citizenship and Immigration Canada was to reduce the number of applications awaiting processing; it was assumed that the immigration process should take no more than a year. Each innovation was accompanied by a promise to reduce application processing times, but the promises remained just that. Moreover, after the start of the fight to reduce processing times, the situation even worsened (if we take the Moscow embassy as an example, processing times there increased noticeably). As a result, immigration was virtually wound down, closing almost all federal programs in 2011-2012. To top it off, it was decided to return documents and close cases under the Federal Skilled Worker program for those who applied before February 2008.
Let me remind you that the processing of applications in a number of embassies (primarily in India and China) stretched over several years (up to 7-8 years) due to their large number. According to ministry estimates, with the annual quota allocated for the number of immigration visas, processing all existing applications could stretch to 2017. To avoid this, it was decided to return all unprocessed applications submitted before February 2008, i.e., to reject the applicants. In total, about 280 thousand applications were returned.
A group of lawyers representing clients among the 'rejected' filed a class action lawsuit demanding that this decision be overturned. Just a few days ago, the Supreme Court of Canada, after reviewing the lawsuit, ruled that the actions of the Ministry of Citizenship and Immigration were legal, rejecting the plaintiffs. Thus, the decision to return applications remains in force. What does this mean?
If we set aside the moral component of the Canadian government's decision and look at the situation pragmatically, then for those planning to apply for immigration, the path is thereby cleared. Let me remind you that the reasons for the recent strict restrictions are caused by the problem of accumulated unprocessed applications. And the issue here is not the ministry's inability to process applications quickly—that is actually an easily solvable task. It is about quotas on the number of allocated immigration visas.
Canada issues about 250 thousand immigration visas annually in various categories. In order to accept all those who wish to come, the quota would need to be significantly increased, but that is something no one plans to do yet. Therefore, the federal government has not found a better way to minimize the intake of applications. The allocation of a small quota for the FSWC program is largely explained only by this.
In fairness, it should be noted that this program is not limited to five thousand applications – if you have a certified job offer, you can submit an application beyond the allocated quota. The same applies to persons who have studied in Canada under a program leading to a Ph.D. (doctoral studies) – a separate quota of one thousand applications has been allocated for them. But these are special cases, and for the majority of applicants who have the required specialty and work experience in it, the FSWC program does not look very attractive so far.
It should be taken into account that the vast majority of occupations on the list of permitted professions are subject to licensing in Canada, and obtaining licenses for foreigners sometimes takes several years. Using the example of such a specialty as Computer programmers and interactive media developers, which does not require licensing, the quota is only 300 applications, and it is obvious that it will be filled within a few days (if not the first two or three hours) after the program opens.
Against the backdrop of a meager quota (5,000 applications per year), the situation looks rather strange and suggests that the government simply needed to open the FSWC program at least nominally (which it did). And real changes, in my opinion, should only be expected next year.
To be continued.
Elena Ryabinina,
"Russian Toronto".