2024 - Page 2 of 3 - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre
 

Home2024 - Page 2 of 3 - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre

For many years, if not decades, Canada has had a love-hate relationship with our foreign worker program. We routinely swing back and forth from facilitating foreign workers to come to Canada to fill labour shortages to restricting the ability of employers to bring temporary labour to the country.  At present, we seem to be, once again, at the restrictive and limiting swing of the pendulum.  Employers need to know what they are facing in this ever-changing and compliance based environment that is the current norm.

On June 3, 2024 the Minister of Immigration, Refugees and Citizenship, the Honourable Marc Miller, announced that his department will soon be overhauling Canada’s caregiver immigration programs. The news was timely since it came two weeks before Canada’s most recent five-year caregiver pilot programs expired on June 17, but it can also be viewed as disappointing because few details were shared about how the new programs will operate.

The delivery of Canada’s immigration program is a shared responsibility between Canada’s Minister of Immigration Refugees and Citizenship (IRCC), the Honourable Marc Miller and the Minister of Public Safety and Emergency Preparedness, the Honorable Dominic Le Blanc as is set out in Section 4 of the Immigration, Refugees and Protection Act (IRPA).

It has been a rough year for international students in Canada.  Firstly, in December 2023 the Minister of Immigration Refugees and Citizenship Canada (IRCC), The Honorable Marc Miller, increased the cost of living requirement for international students from $10,000 to $20,635.  Soon after he imposed a restriction (and reduction) of the number of international students to Canada each year.  Then he reduced the number of hours that international students can work while studying full time to 24 hours per week down from full time.   He revoked the open spousal work permit for international student spouses at the college or undergraduate level.  And this past week on June 21, 2024 he eliminated the option of obtaining a post-graduation work permit (PGWP) at the port of entry, a process commonly referred to as “flagpoling”.  Now an international student applying for an initial PGWP, or an extension will be limited to applying for their permit from within Canada and waiting for it to be processed.

I am proud to say that I have been serving immigration clients for over a decade since I was called to the British Columbia bar in 2011. A year earlier in 2010, I had my first opportunity as an articled student to help prepare written legal submissions for a Federal Court matter concerning a family whose application for permanent residence was refused because they had a child with a disability. It was an exhilarating experience to advocate for our client’s rights and to experience firsthand how the Court oversees the immigration decision-making process to ensure that it is transparent and fair. I was instantly hooked on this work. Fast forward to 2024 and I see a rapidly changing landscape where the Court is so bogged down with cases that it can no longer effectively serve this essential role.

Adam Smith is often considered the father of modern economics and a significant proponent of the law of supply and demand. This economic theory postulates that when supply of a good is in abundance prices will fall and when the supply is diminished that prices will rise. Applying the principles of supply and demand to Canada’s immigration program, the Department of Immigration, Refugees and Citizenship Canada (IRCC) is in the enviable position of being able to “set their price” by being choosy as to who, how and when they will select which applicants to be able to come to Canada. A quick review of a few of our current immigration programs demonstrates this reality.

On Monday April 29, 2024 Canada’s Minister of Immigration, Refugees and Citizenship Canada (IRCC), Marc Miller, introduced dramatic changes to Canada’s two federal business immigration programs effective the next day, April 30, 2024. These changes limit the processing of Start-Up Visa (SUV) cases to a total of 10 start-ups per designated organization per year. Further, the Self-Employed (SE) category is completely suspended until the end of 2026 with no further applications being accepted while IRCC clears out the backlog of pending applications and determines how to re-vamp the program. Immigration professionals are scrambling to understand the rationale for such drastic and immediate changes. Let’s take a closer look at Canada’s two business programs - the SUV and the SE.

Predictability for obtaining permanent residency status in Canada changed dramatically on January 1, 2015 with the introduction of the Express Entry (EE) selection system for permanent residence to Canada. EE introduced a new points based Comprehensive Ranking Score (CRS) measurement for selecting the “best and brightest” applicants. Prospective immigrants need to register a profile which goes into a pool of applicants enabling the government to set a standard for selection and control their intake. This model has been replicated throughout Federal, Provincial and Territorial selection systems. Intake control is central to output management and has become the norm for immigration selection.

Last week on March 19, 2024, the British Columbia Provincial Nominee Program (BC PNP) announced significant upcoming changes to its International Post-Graduate (IPG) stream that will make it more difficult for many international students who have graduated in BC with master’s degrees in natural, applied and health sciences to obtain a coveted provincial nomination to qualify for Canadian permanent residence. Post-graduate students already enrolled in these programs bristled at the news as they gathered in downtown Vancouver this past weekend to protest the proposed changes to the IPG stream that will take effect as of January 2025. They argue that these changes come without warning and will unfairly affect them since they made the important (and expensive) decision years ago to study in BC based on promises that will no longer be kept.

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