Catherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre
 

HomeAuthorCatherine Sas, K.C., Author at Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre

As immigration lawyers practicing with nearly 50 years of collective experience, we have been asked many times by prospective immigrants whether they should pursue studies in both official Canadian languages: English and French, with a view to enhancing their chances for qualifying for permanent residence in Canada. As we live and practice in British Columbia, most of these requests are from persons who have proficiency in English, having either studied or worked in Canada utilizing their English language skills. Since the dawn of Canada’s Express Entry selection system on January 1, 2015, our answer has typically been that the reward is not worth the effort. With both of us personally having studied several languages in addition to English, we can tell you that pursuing language studies takes a considerable investment of time and effort. (You can cram for a history or geography exam but not for a language exam!). However, the new Canadian immigration world order is a very different place and Canada is placing a premium on French language proficiency (outside of Quebec) such that this skill set provides an opportunity to acquire not only an education in Canada but also work experience and permanent residence! Let’s take a look at the options for a francophone applicant to achieve Canadian immigration status.

Every year Canada’s immigration minister has until November 1st to set the annual immigration targets for the following year. Last week Canada unveiled its new levels plan significantly reducing the targets for both permanent and temporary immigration. This is a dramatic change from the Trudeau government’s steady increase in immigration levels over the past decade. Let’s review some of the more significant features of last week’s announcement and see how they compare.

Over the past year, we have seen dramatic changes to Canada’s international student program. Canada has gone from setting out the welcome mat for international students to pulling the rug out from underneath them by turning Canada’s international student program upside down. In recent months international students have been held responsible for many of Canada’s ills including housing shortages, overcrowding of schools, raiding food banks, and causing border crossing traffic jams by making “flagpole” applications. As a result, as early as October 2023, the Canadian government announced the first of what would become an avalanche of changes targeting Canada’s international student program. Let’s see what is in store for the intrepid international student.

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.

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.

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.

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