Filipiniana News – April 2013
RHYME & REASON
On 1 July 2012, Citizenship and Immigration
Canada (CIC) temporarily stopped accepting applications for permanent residence
under the Federal Skilled Worker category unless the applicant has a validated
arranged employment offer from a Canadian employer, is enrolled in good standing in a PhD program
for the last two years or graduated from a PhD program within the last 12
months from a Canadian university.
Many have been waiting for CIC to announce
when the Federal Skilled Worker Program will be reopened and to see what the
new program will look like. Recent
announcements from CIC have given us a general idea of the changes, which are
expected to include the following:
·
Language points will be given
the biggest weight among all the selection factors for up to a maximum of 28
points (or 24 points for the first official language and 4 points for the
second). Previously, the maximum points
awarded for the first language was 16, plus up to 8 points for the second
language, or a maximum of 24 points. The
reason for this change is that CIC is convinced that language skills in either
English or French is a major factor that helps facilitate quicker integration
into Canadian society.
·
For the age factor, a maximum
of 12 points will be given for applicants who are between 18 and 35 years
old. Prior to this, the cut-off age to
be entitled to a maximum of 10 points was 49 years old. The rationale given for this new emphasis on
younger immigrants is that they “are more likely to acquire valuable Canadian
experience, are better positioned to adapt to changing labour market
conditions, and who will spend a greater number of years contributing to
Canada’s economy,” according to CIC.
·
Under the education factor, the
points awarded (maximum of 25 points) will not anymore be based solely on the
degree/s obtained and the total number of years of education. Under the new rules, there will be a mandatory
assessment of foreign educational credentials by an assessment agency or
regulatory body to be designated by CIC.
·
The points for foreign work
experience have been reduced to 15 points (from the former 21 points) with
increased number of years required to receive the maximum points. This is in recognition of the fact that
unlike age and language skills, foreign work experience had proven to be a
weaker indicator of success in the Canadian labour market.
·
The arranged offer of
employment (AEO) which was accepted under the previous system as a basis for
awarding points under the arranged employment factor, will be replaced by the
labour market opinion (LMO). One of the
main differences between an AEO and an LMO is that the latter requires the
employer to advertise the job and try to find Canadians or permanent residents
first. Since the LMO can also be used by
the foreign worker to apply for a work permit, this will allow the applicant to
start working legally in Canada even before the grant of permanent resident
status.
·
The adaptability factor is
still given the maximum of 10 points but CIC states that there will be more
opportunities to gain more points under this factor, including work experience,
period of study in Canada and language proficiency of the applicant’s
spouse.
CIC also announced that new applications
will be accepted starting 4 May 2013, based on the new eligibility
criteria. However, as of this writing,
many questions remain as no exact details have been released, i.e. whether
there will be a new occupations list, whether the pass mark will remain at 67
points (out of a maximum of 100 points), and which credential assessment
organizations and regulatory bodies will be designated to conduct the required
education credential assessment of the applicants.
Start-Up Visa Program
For the entrepreneurial types, a new and
ambitious pilot project which took effect on 1 April 2013 with much fanfare may
be something worth looking into. The
Start-Up Visa Program is supposedly intended to attract innovative ideas from
start-up entrepreneurs who are able to convince a Canadian venture capital fund
or an angel investor group to invest a designated minimum amount in the applicant’s business
($200,000 from a Canadian venture capital fund or $75,000 from a Canadian angel
investor group). Once the applicant is
able to secure the required funding commitment, this can be used as basis for
applying for a permanent resident visa, provided that the language, education
and settlement fund requirements are also met.
CIC states that this new category is
meant “to enable immigrant entrepreneurs to launch
innovative companies that will create jobs in Canada, and eventually, compete
globally” by linking them up with private entities which can assist in
“navigating the Canadian business environment.” However, the guidelines require that
prospective applicants will need to approach and apply for funding directly
from any of the designated Canadian venture capital fund or angel investor
groups. Only after the applicant’s business plan is approved and granted the
minimum investment required can an application for a Start-Up immigrant visa be
submitted to CIC.
These recent changes, along with the
Federal Skilled Trades Program that was introduced in January 2013, are all
consistent with the present government’s goal to “help address serious labour shortages in some
regions of the country, and support economic growth,” CIC Minister Jason Kenney said. “For too long, Canada’s
immigration system has not been open to these in-demand skilled workers. These
changes are long overdue and will help us move to a fast and flexible
immigration system that works for Canada’s economy,” he added.
Whether or not such goals will be met by
these changes remain to be seen. While a
focus on jobs and the economy is admittedly important, it is hoped that this
will not lead to the eclipsing of the other equally important immigration
objectives such as family reunification and the promotion of Canada’s human
rights and humanitarian obligations.
The above are for legal information only
and not intended to provide specific legal advice. It is strongly advised that you consult with
a legal professional to discuss your particular circumstances.
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