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Immigration

Waiting for Big Changes

Federal Skilled Trades Program

This is an entirely new immigration program specifically created for workers in occupations that do not require a high level of education. Under this program, it is planned to accept specialists in professions for which there is high demand in Canada. This primarily concerns workers in the construction and oil industries, including electricians, welders, heavy machinery operators, oil pipeline installers, etc.

The difference between this program and the long-standing Federal Skilled Worker professional immigration program lies in lower requirements for education and English language proficiency. The Ministry of Citizenship and Immigration provides the following four main selection criteria for this program:

* An offer of employment in Canada or a certificate of qualification from a province to confirm that the applicant can start work immediately upon arrival.

* Basic English.

* Minimum 2 years of work experience in a skilled trade.

* Professional skills and work experience in accordance with the official requirements for the applied occupation, as described in the NOC (National Occupational Classification).

Currently, work is underway to compile a list of occupations most in demand by Canadian industry, which will be announced before the program is implemented. It was also noted that in the first year, only 3,000 applications are planned to be accepted under this program.

Not much is known about the requirements of the Federal Skilled Trades Program. From what has been reported, it is still difficult to draw any conclusions about how it will work. Moreover, several important questions arise immediately, for which there are no answers yet.

In particular, the main issue concerns the recognition of qualifications. The fact is that in Canada, many professions, including skilled trades, require a license. This means that a person with specialized education, in order to be able to work in their trade, must first pass qualification exams and work for some time under the supervision of an experienced specialist. This is how licenses are obtained, for example, for electricians and heavy equipment operators. For this reason, many immigrant specialists cannot immediately work in Canada because they first need to obtain a license, which often involves retraining, passing exams, and long-term practical training.

Additionally, Canada does not provide a single national license for a trade. Here, to work in a trade in another province, one must obtain a license specifically in that province. For residents of different Canadian provinces and citizens of some countries, including the US, their qualifications are recognized across Canada, and licensing is simplified. However, most foreigners cannot count on this.

Therefore, how this issue will be resolved for foreign specialists applying for immigration under the Federal Skilled Trades Program is still completely unclear. It appears that the program is primarily aimed at specialists from countries with which Canada has qualification recognition agreements.

Also, the point about having an offer of employment is not entirely clear. The fact is that with a job offer approved by HRSDC, one can go through the main Skilled Worker Class immigration program or a corresponding provincial program. That is, in this case, the purpose of the Federal Skilled Trades Program is not quite clear. If the job offer does not need to be certified by HRSDC, then this could be a significant innovation. However, it would inevitably create another problem – fraud in issuing such offers, and I do not think the Ministry of Citizenship and Immigration would take such a step.

So far, nothing is known about the age criterion. Given current trends, it can be assumed that 35 will be the age limit, after which applicants lose points. It is also unclear whether they will introduce a restricted list of in-demand occupations for which applications can be submitted, or whether the program will be open to all. Given current trends, I assume there will be a list of occupations, and a fairly limited one at that.

It is unclear how they plan to accept applications – whether they will accept all applications or introduce a quota. The selection algorithm for applicants is also unclear: will visas be issued on a first-come, first-served basis, or to those selected by Canadian employers from the overall database? So there are many questions, but something definite can only be said in early January 2013, when the immigration department announces the eligibility requirements and provides the necessary clarifications.

From all of the above, it can be concluded that this program will probably not be useful for residents of former USSR countries. Given the requirement to have a job offer from a Canadian company, a qualification recognition certificate, and the extremely limited number of applications accepted for 2013 (only 3,000), this program can hardly be considered an expansion of immigration opportunities to Canada.

It should be noted that Canada is a magnet for immigrants not only from third-world countries but also for specialists from developed countries who face employment problems at home. Thanks to a strong economy and excellent future prospects, citizens of European countries and the United States are actively choosing Canada as a place to live.

As an example, I will say that the average standard of living in Canada is 10% higher than that in the United States. Add to this the availability of free healthcare for Canadian residents and other social programs. Taken together, this makes Canada attractive to professionals from countries such as the United States, Ireland, Germany, etc. Obviously, professionals from English-speaking countries, whose qualifications are recognized in Canada and who can come here at any time under the visa-free regime, have a much greater chance of qualifying under this program.

Canadian Experience Class Program

Another recent innovation from Citizenship and Immigration Canada concerns the Canadian Experience Class immigration program. Let me remind you that to apply for permanent resident status under this program, you must either have studied in Canada for at least 2 years on a study permit and then accumulated 1 year of work experience, or have worked in Canada for at least 2 years on a work permit.

Now the previously required two-year Canadian work experience requirement has been reduced to one year. Thus, those currently in Canada on a work permit can apply for immigration much earlier, having accumulated only 12 months of Canadian work experience. For those who completed their studies in Canada and needed to accumulate one year of Canadian work experience within 2 years of graduation, that period has been extended to 3 years.

I think this is a very significant step forward, with great practical benefit for those interested in immigrating to Canada. I have repeatedly written that in recent years, Citizenship and Immigration Canada has been leaning towards young people with Canadian education or Canadian work experience in its immigrant selection policy. Consequently, the Canadian Experience Class program was created, and the quota for applications under it has been significantly increased.

Studying in Canada is becoming increasingly popular because the level of education is very high, and the cost of education is lower than in other English-speaking countries. Moreover, studying in Canada directly leads to obtaining permanent resident status, as there are a number of immigration programs targeting this category. The Canadian Experience Class program is one of them.

Why is the reduction of the work period from 2 years to 1 year so important? The fact is that studying in Canada allows not only the student but also their spouse to reside there. The spouse can obtain an open work permit for the entire duration of stay in Canada, allowing them to earn an income and thus cover living expenses for themselves and their family.

However, this provides another advantage. If the spouse works in a profession that requires a university or college education, they can apply for immigration under the Canadian Experience Class after just one year of work. Previously, they needed to work at least 2 years.

Incidentally, this accelerated acquisition of permanent resident status after successfully going through the Canadian Experience Class program provides another significant advantage—it substantially reduces the cost of education for the spouse, because for permanent residents of Canada, tuition at colleges and universities is subsidized by the state.

I want to note that against the backdrop of stricter entry requirements and the closure of other programs, the opportunity to apply for permanent resident status through study in Canada is becoming increasingly attractive. Let me remind you that besides the Canadian Experience Class program, there are other options, such as the recently introduced new stream for PhD students, or for those who have completed a Master's degree or MBA programs.

In any case, given the latest innovations, obtaining permanent resident status through study in Canada has become easier.

Other Programs

Undoubtedly, the most anticipated changes will be those concerning the Skilled Worker Class immigration program. Apparently, applications for this program will open as early as January 2, which will likely be announced in the coming days.

The most uncertainty currently surrounds the federal business programs for Investors and Entrepreneurs, for which applications have been effectively closed for about a year and a half, and for which there is no information at all about when they will reopen or in what form. There is only hope that after dealing with applications under the Skilled Worker Class program, the immigration department will turn to business immigrant cases.

In conclusion, I want to say that 2013 promises to be a landmark year, and the flow of information recently coming from Citizenship and Immigration Canada is evidence of that.

Elena Ryabinina.