Among the most significant changes in the immigration sphere, the following can be noted:
– creation of a new immigration program, the Federal Skilled Trades Program (start of accepting applications from January 2, 2013);
– change in the passing requirements for the Canadian Experience Class;
– announcement that from May 4, 2013, applications will be accepted under the updated Skilled Worker Class program.
Federal Skilled Trades Program
On January 2, 2013, applications began to be accepted under a completely new program, the Federal Skilled Trades Program, aimed at specialists in trades without higher or secondary specialized education. Selection of applicants under this program is based on an assessment of their labor skills, i.e., professional suitability.
To immigrate under the Federal Skilled Trades Program, an applicant must meet the following requirements:
– Have the relevant training and work experience in one of the occupations listed in the list of in-demand occupations and at least two years of experience in the occupation within the last five years. The applicant must also meet all requirements for that occupation under the Canadian National Occupation Classification (NOC).
– Demonstrate English language proficiency according to the Canadian Language Benchmark (CLB) scale of at least 5 in speaking and listening, and at least 4 in writing and reading. To confirm these skills, results from the CELPIP or IELTS test must be provided. If the primary language is French, results from the TEF test must be provided.
– Have a job offer from a Canadian company for at least one year, or at least a certificate of qualification issued by the relevant regulatory body of a Canadian province. Therefore, before applying for immigration, one must first contact the licensing organization and undergo a preliminary assessment to determine if they meet that organization's requirements.
This program has a list of 43 trades. These are mainly occupations related to construction, industrial manufacturing, natural resource extraction, heavy machinery operation, and agriculture.
In 2013, a quota of 3000 applications was allocated for this program. Once the quota is filled, intake will be suspended until the next year.
The Federal Skilled Trades Program is good because it is fully oriented toward tradespeople, with lower requirements for education and English language proficiency. Additionally, the applicant is not required to achieve a passing score (as in the Skilled Worker Class program), and there are no age restrictions.
This program also has drawbacks:
– Rather weak formalization of requirements for the applicant. It appears that the decision will be made by an immigration officer based on subjective impressions, making the process unpredictable. For example, it is obvious that although there are no formal age restrictions, this factor will be taken into account when reviewing the application.
– The quota for the number of applications is small, and apparently will be filled quite quickly.
– Obtaining a certificate of qualification may take time, and it is not certain that the issue will be resolved positively.
– A test of English/French knowledge is mandatory. And despite the lowered requirements (compared to Skilled Worker), achieving even the specified 5 and 4 points is not so easy.
In any case, the program provides a chance for tradespeople to immigrate to Canada. Also note that, according to the immigration authority, processing times will not exceed 12 months.
Skilled Worker Class
Skilled Worker Class – one of the most popular immigration programs, aimed at qualified professionals with good education and an occupation in demand in Canada. Applications for this program were suspended on July 1, 2012, although in fact the program became unavailable to most immigrants back in 2010, when quotas on the number of applications were introduced and a list of occupations was defined.
According to information from Citizenship and Immigration Canada, acceptance of applications under the Skilled Worker Class program is to resume on May 4, 2013.
It can be assumed with high probability that the program will retain a passing score system for successful immigration. Great importance will be placed on knowledge of English or French, and age will become an important factor. In mid-2012, the immigration authority announced some changes to be made to the points system, but they are not significant enough to write about separately. In any case, the final version of the points system has not yet been announced, and specifics can only be discussed closer to the start date of applications.
The question of quotas and the list of in-demand occupations remains open. Judging by the latest statements from the immigration authority and the logic seen in the implementation of the Federal Skilled Trades Program, the introduction of quotas is to be expected. Apparently, as before, there will be a list of in-demand occupations that one must be in for an application to be accepted. It can also be assumed that once the quota for the number of applications accepted is reached, applications will be halted until the next year.
It should be noted that all this is only assumptions based on information obtained from various sources. Exact data will become known after the program opens, which was expected in early January 2013. The postponement of the application acceptance date to May 4, 2013 suggests that the immigration department plans to first review applications submitted earlier under this program (at least those submitted after February 2008).
Canadian Experience Class
As of January 1, 2013, the qualifying conditions for the Canadian Experience Class program have changed. Under the new rules, to apply, you need to have work experience in Canada for at least 1 year out of the last three in occupations of NOC skill type 0, NOC skill type A, or NOC skill type B (managerial positions, professional occupations, and technical occupations).
You must also demonstrate English language proficiency at a sufficiently high level: at least 7 on the Canadian Language Benchmark (CLB) scale for occupations at NOC skill type 0 and NOC skill type A, and at least 5 on the Canadian Language Benchmark (CLB) scale for occupations at NOC skill type B.
Recall that previously, to apply under this program, you needed either two years of work experience in Canada, or to have studied in Canada for at least two years and then worked for one year. In the new rules, the clause about two years of study with mandatory diploma acquisition has been rendered meaningless and removed from the qualifying requirements.
Nevertheless, studying in Canada remains relevant for this program, as graduating from a Canadian university or college significantly facilitates job searching. Most importantly, with a diploma from a Canadian university or college, the graduate receives an open work permit, which allows them to stay in the country for up to 3 years and take any job without needing additional permits. For a foreigner who did not study in Canada, obtaining a work permit is much more difficult, and in most cases, a job offer they receive must be approved by HRSDC, which is not simple. As we can see, studying in Canada remains relevant and is a first step towards immigrating to Canada.
Business Programs
Currently, applications for the federal business programs Investor and Entrepreneur are closed, and there is no official information about their resumption. Work on them is either in the initial stage or entirely postponed, making programs for skilled workers and professionals a priority.
Regarding the Investor program, there was a statement from Citizenship and Immigration Canada stating that the department is now collecting proposals for this program. Then, based on them, the Investor program will be formed. For now, we can only assume that the amount of investment in the Canadian economy will increase, and they may become much riskier. Also, likely, those immigrating under this program will have to demonstrate proficiency in one of Canada's official languages.
It can be assumed that the acceptance of applications will resume on July 1, 2013 (since one year will have passed since the cessation of application intake). And considering all trends, the most realistic date appears to be early 2014 (at best, fall 2013).
As for the Entrepreneur program, application intake ceased on July 1, 2011, and since then it has not been mentioned anywhere. It appears that this program will either be closed or merged with the Investor program, which would make sense. In particular, most provincial business programs represent a symbiosis of the federal Investor and Entrepreneur programs, as they require both mandatory investments in the economy and the need to manage a business with the condition of hiring a certain number of employees. Therefore, it is possible that the updated federal Investor program may be formed on the same principle, absorbing the Entrepreneur program.
As we can see, the situation with business programs is so unclear that it is extremely difficult to make any forecasts.
Ontario Provincial Investor Program
In my opinion, the best alternative for business immigration currently is the Ontario Provincial Investor program. To pass it, you need to establish a business in Ontario with an investment of at least $3 million. Moreover, the investment can be made by a group of three investors, each contributing at least $1 million. I think this is currently the most accessible, reliable, and promising program for businessmen wishing to immigrate to Canada.
Another advantage of this program is that it is not widely advertised, so there is no large influx of applications. The difficulties in passing it include that you first need to organize a functioning business in the province, obtain approval of its development plan from the relevant provincial ministry and the immigration ministry, and only then submit documents for immigration. Since this program is rather poorly formalized and based solely on the assessment of the business being established in the province, it requires the involvement of local specialists.
In conclusion
So far, everything the Conservative government has done in the field of immigration can be called preparatory work that requires dismantling the old system to build a new one. However, the experiments that have been conducted since 2008 have clearly dragged on, and most promises remain unfulfilled. At the same time, the rather harsh measures taken by the government have caused great public outcry. Suffice it to recall the suspension of applications for almost all immigration programs; the decision to return without review all applications submitted under the Skilled Worker Class program before February 2008; changes to the rules for processing refugee status applications; as well as a number of other, perhaps less loud, but still sensitive measures. All this will be justified if the new system actually works.
2013 should show whether anything will change in the issuance of visitor visas to Canada after December 15, 2012, when new rules regarding refugee status came into effect. For now, both the processing times for applications and the practice of visa refusals leave much to be desired.
The same can be said about the processing times for applications under various immigration programs. Obviously, closing programs is not a solution; in any case, it is necessary to establish a system for selecting the immigrants the country needs, with the ability to process submitted applications quickly.
Undoubtedly, the government also understands all this perfectly, so it can be expected that 2013 will bring important changes in the immigration sphere.