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

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.

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.

On Thursday, February 29, 2024 at 11:30 PM Eastern Standard Time, Canada’s Minister of Immigration, Refugees and Citizenship Canada (IRCC), the Honourable Marc Miller, re-imposed a visa requirement on all Mexican nationals seeking to come to Canada temporarily as visitors, students and workers. For many Mexicans currently in Canada, their Electronic Travel Authorizations (eTAs) were immediately canceled. For those seeking to enter Canada, it put an immediate hold on travel plans while the new rules are sorted out and visas obtained. 

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