Filipiniana News
14 August 2008
Citizenship and Immigration Canada recently
announced details on the much touted Canadian Experience Class (CEC) within the
current immigration system. When the
idea was first introduced a year or so ago, it was promoted as a solution to
the problems relating to the unemployment or underemployment of immigrants
whose credentials are not recognized in the Canadian system.
In a nutshell, the CEC is a class of
individuals who are eligible to apply for permanent resident status from within
Canada provided certain criteria are satisfied.
Those who are deemed eligible to apply under this class are holders of
study and work permits who have valid temporary resident status when the permanent
resident application is submitted.
For study permit holders, they must have
obtained a degree or diploma from an accredited Canadian educational
institution after two years of full time study and must have obtained full time
work experience within NOC level O, A or B after obtaining the Canadian degree
or diploma.
For work permit holders, they must have
obtained at least two years of full time work experience in NOC level O, A or B
within the three years prior to submitting the permanent resident application.
The jobs which are generally deemed to fall
under the National Occupational Classification (NOC) level O are management
occupations; level A are the professional occupations and level B are the
technical occupations or skilled trades.
In addition to valid temporary resident
status, full time work and/or study in Canada, the applicants must meet a
certain level of language proficiency in English or French preferably through
an official language testing centre. A
moderate degree of proficiency is required for those falling under NOC level O
and A, while a basic degree of proficiency will be required for those falling
under NOC level B.
While I can only agree that this is a step
in the right direction, it has yet to prove its worth in terms of effectively
addressing the many issues raised by the current immigration system. Even prior to its actual implementation, a
number of issues can already be foreseen as being potentially controversial,
some of which are as follows:
Inland or Overseas Processing?
While it is claimed to be an inland
application, submission packages are to be sent to the Canadian Consulate in
Buffalo, New York for processing. When
the permanent resident visa is issued, the applicant can land at a port of
entry or at a CIC office. If an
interview will be required however prior to the issuance of the visa, the
person would still have to travel to the USA or the file may be transferred to
the home country if a U.S. visa cannot be obtained.
One wonders how this new system could be
any better than the current one. At
present, a study or work permit holder
in Canada who has been granted temporary resident status for at least a year is
nonetheless qualified to send in a permanent resident application to the
Canadian Consulate in Buffalo. With the
CEC class, the applicant has to satisfy at least two years of full time work
experience in Canada before even becoming qualified to apply. Why should one wait to meet the two-year
requirement when one is already qualified to send in a PR application to
Buffalo upon being granted one one-year work or study permit?
Hopefully, the difference that the CEC can
make will be in terms of expediting applications and facilitating a more
systematic processing of applications which meet the criteria laid out by this
new class.
English Language Requirement – A
Redundancy?
The wisdom of requiring English language
testing for those who have already been admitted to (and presumably passed the
school’s language requirements), and studied full time at accredited Canadian
educational institutions, has been questioned by many. The same is true for those who have received
genuine job offers by Canadian companies, worked full time for at least two
years in jobs classified under NOC skill level O, A or B. Why require further English language testing
for these people when they have proven their language ability through their
years of integration into the Canadian system?
Even stronger protests have come from
native English or French language speakers who are likewise required to undergo
similar language testing to prove something they have acquired since
birth.
While the recent guidelines suggest that
other written proof of language skills may be accepted, it is “only recommended
for native English and French speakers”.
Therefore, the fact that this requirement exists still raises issues of
necessity, on top of the additional expense it entails on the applicants.
Gaps in Health Insurance Coverage
By its very nature, the CEC includes
individuals who have lived and worked in Canada for at least two years and have
thus integrated into the Canadian system, including possession of health
insurance coverage. If they were student
permit holders, they would have been required to purchase the University Health
Insurance Program (UHIP) while the LMO-based work permit holders would have
qualified for OHIP (if based in Ontario).
However, as had been the experience of current open work permit holders
under the post-graduation work permit program, they suddenly find themselves
without health coverage because the provincial health law excludes them from
coverage. This is also true for live-in
caregivers who have qualified to apply for permanent residence from within
Canada and obtained open work permits in the interim. After years of being covered by OHIP, they
suddenly find themselves without public health insurance. Whether this was due to lack of coordination
between, or careless oversight by, our federal and provincial legislators, it
is clear that this is a matter that needs to be corrected as soon as possible.
Let us hope that the implementation of the
CEC will include thoughtful consideration of these and other related concerns
for the true benefit of immigrants, rather than to simply gain their precious
votes.
The author is an immigration lawyer in Toronto
and may be reached at mdsantos@osgoode.yorku.ca.
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