Canadian Immigration Programs Archives - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre
 

HomeCategoryCanadian Immigration Programs Archives - Immigration Lawyer Vancouver, Canada | Sas & Ing Immigration Law Centre

Every US presidential election brings renewed interest in Americans seeking to come to Canada.  This is not unique to President Trump, but Trump brings some specific Canadian immigration consequences to his being elected President of the United States. Immediately following his election on November 8, 2016, the dramatic interest in Canadian immigration resulted in a crash to our online information system.   Many of his proposed policies piqued interest for many Americans and non-Americans without status seeking residency and/or protection in Canada. However, the Canadian immigration reality is very different from 2016 and Canada is not as welcoming as it has been in the past.  Prospective immigrants from the US need to know the current lay of the Canadian immigration landscape.

The Canadian Citizenship Act governs the process through which individuals can acquire Canadian citizenship, which is an essential part of Canadian identity. To become a Canadian citizen, you must meet several requirements. First, you must be a permanent resident of Canada and have lived in the country for at least 3 out of the last 5 years. You must also have filed your taxes (if required), passed a citizenship test on your rights, responsibilities, and knowledge of Canada, and demonstrated proficiency in either English or French. Additional requirements may apply depending on your specific situation, such as for minors or adopted children.

In my 30+ years as an immigration lawyer there is no single year that I can recall that has heralded the unprecedented level of change to Canada’s immigration program as 2024! Virtually every aspect of Canada’s economic immigration program has been altered and in many cases dramatically. Economic immigrants are what drives Canada’s immigration program: international students, workers, business immigrants, Express Entry and PNP applicants for permanent residence,

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.

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).

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.

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