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Immigration

Canada's Latest Initiatives

Canada's Latest Initiatives

Against the backdrop of the global economic crisis, Canada is a rare exception, demonstrating the stability of its economy

Category Skilled Worker Class

Since this category is the most popular among immigrants and is effectively the only program through which most could enter Canada, any changes related to it attract heightened interest. Based on recent statements and actions by immigration authorities, such changes are being prepared and will be announced quite soon.

First, I would like to provide a brief overview of the current situation. It cannot yet be called very rosy. Although the ministry reported that thanks to the measures taken, the number of pending applications was reduced by 40%, and the processing time for applications under List 38 was reduced to one year, there are all indications that this success may be temporary.

In particular, the number of applications submitted before the introduction of List 38 dropped from 600,000 to 400,000. Undoubtedly, this is a major shift on this issue, yet 400,000 applications waiting in line is still a very large number, and it is difficult to imagine how long it will take to clear this entire backlog. Most importantly, there are all signs that even applications under List 38 may soon face a processing queue, as their number exceeds the visa quotas. Specifically, according to data from Citizenship and Immigration Canada, from March 2008 to March 2010, 327,843 applications were submitted by those meeting the requirements of List 38. That is, there are significantly more applicants than immigrant visas issued under this program. This already creates a risk that processing times will increase. In fact, such an increase in processing time has already occurred at the Sydney center, where application processing times have grown from 2-3 weeks, as they were at the very beginning of its operation, to the current 2-3 months.

At the same time, List 38 itself is completely out of touch with reality (as I have repeatedly written in my previous articles), because many of the occupations included in it require local licensing to be able to work in them. Obtaining a Canadian license, especially in the medical field, is very difficult, and most immigrants cannot overcome this barrier. That is, there is a clear discrepancy and lack of foresight in the decisions.

Work on amending List 38 is already underway, and it seems a new list of priority occupations should be expected soon. In mid-March 2010, Canada's Minister of Citizenship and Immigration, Kenny, announced the start of receiving recommendations and suggestions from all interested parties and organizations on which occupations should be included in the updated list. The submission period will end on April 16, 2010, meaning that work on compiling the new list is proceeding at quite a fast pace. This is the first clear sign that List 38 will be changed, and changed quite soon. In my opinion, this should happen no later than the end of summer, and most likely even earlier.

Another matter is which occupations will be included in the new list, how much it will be changed, and most importantly, whether it will be expanded or, on the contrary, cut back – it is unlikely to answer these questions for now. On the one hand, the large flow of applications even under the current List 38, which cuts off a significant portion of potential immigrants, exceeds the quota for immigrant visas under this category. This should push the ministry to make selection stricter in order to stem the wave of applications.

Here it is worth noting that against the backdrop of the rest of the world, which has been caught in the whirlwind of the economic crisis and will remain in it for a long time, Canada is a rare exception, demonstrating the stability of its economy, which has shown significant growth in recent months. Obviously, in such a situation, the flow of applications will only increase, and to avoid creating multi-year queues again, the government may tighten selection requirements.

In particular, the Ministry of Citizenship and Immigration Canada has already introduced a requirement for mandatory submission of IELTS/TEF test results to confirm proficiency in one of Canada's official languages, which comes into effect on April 10, 2010. Let me explain: previously, those born and raised in an English- or French-speaking family were allowed to provide any other written evidence of English or French language proficiency instead of test results. This provision is now abolished. Since this change practically does not affect immigrants from countries that were formerly part of the USSR, I will not dwell on it in detail.

On the other hand, the rise of the Canadian economy means an increasing need for skilled labor. This is compounded by the situation with the baby boomer generation, which will begin to retire starting in 2011, changing the country's demographic situation and also creating a need to increase the working-age population. Against this backdrop, opinions have been repeatedly expressed about the need to significantly increase quotas for the Skilled Worker Class and to significantly expand the range of occupations, while tightening age requirements to age 40 and strengthening requirements for English or French language proficiency.

There is considerable sense in all these proposals, but it is difficult to say how seriously these ideas are being considered by the Ministry of Citizenship and Immigration Canada (or whether they are being considered at all). In any case, some changes are to be expected, and in the quite near future.

Category Refuges (refugees)

Another area where changes may be implemented in the very near future is the refugee category. It is worth noting that changes in this area generate much more resonance and interest in Canadian society than, say, the skilled worker category. If only for the simple reason that the maintenance of refugees, all costs for processing their claims, medical care, and other benefits of Canadian life that refugee claimants receive are paid for out of Canadians' pockets. And few people like that.

Generally, the world believes that Canada is a paradise for refugees, and it really is (although this is hardly a reason for pride). Its system is structured in such a way that it allows anyone who enters its territory to apply for refugee status, which in turn gives them the opportunity to legally remain in the country for a long time, receiving various benefits while their application is processed.

Currently, a refugee claimant waits an average of 19 months for a hearing on their case. After that, if a negative decision is made, they can file an appeal for a review of the decision, and so on in a circle, resulting in the decision-making process dragging on for years. As a result of such an imperfect system, maintaining an army of refugee claimants costs the Canadian budget a pretty penny.

But the problems don't end there. Because the refugee situation is exploited by quite a few people, and among the claimants a large percentage are those who openly deceive immigration authorities by fabricating stories about their misfortunes at home, Canada is forced to restrict entry for foreigners who could potentially apply for refugee status. As a result, visas are often denied to perfectly law-abiding people who do not even contemplate seeking asylum. Moreover, this harms Canada's economic and political ties with other countries.

It suffices to recall the situation with the unilateral imposition of visa requirements for the Czech Republic and Mexico two years ago, when Canada was threatened with visa requirements by the entire European Union. The reason for this decision (imposing visa requirements on the Czech Republic) was a sharp influx of Roma from that country who sought refugee status en masse. The same applied to Mexicans who resolved their health issues by applying for refugee status, using free Canadian healthcare. At the same time, in response to Canada's justifications for imposing visa requirements—that it could not accept such a number of refugees—foreign governments reasonably replied that this was not the way to conduct affairs in the modern world, and that the problem lay in Canada's refugee system itself, which should have been reviewed long ago.

Apparently, these unflattering remarks were heard and taken into account. At the end of March 2010, the Conservative government introduced a bill to change the refugee status determination system in Canada. As measures to reduce the number of refugee claimants, it proposed shortening the hearing period to 60 days (from the current 19 months) and making the decision final (i.e., without the right to request a review of the decision).

Another proposed measure is the compilation of a list of democratic countries from which refugees will not be accepted. It is not yet clear whether this will be implemented, as it has received much criticism. The main point of disagreement on this issue is the concern that the government is taking too much authority in determining which country is democratic and which is not, and this is unfair to those seeking refugee status in Canada. As I understand it, this will also create certain frictions with those countries that are not included in the list of democratic ones.

In any case, the Conservatives' proposals regarding refugees can be considered a positive step. Given that there are currently more than 60,000 foreigners in Canada claiming refugee status, any attempts to reduce their numbers and deport them from the country can only be welcomed.

Elena Ryabinina.
«Russian Toronto»