Filipiniana News -
December 2013
RHYME & REASON
The year being
almost over, I am providing below a summary of the changes introduced by
Citizenship and Immigration Canada (CIC)
this year, and which are especially relevant for Filipinos in Canada and their
families.
Special Measures for Victims of Typhoon
Haiyan / Yolanda
The most recent
of these changes are the special measures introduced for those affected by
typhoon Haiyan/Yolanda in the Philippines.
These include the priority processing of applications of Filipinos who
are significantly and personally affected by this natural disaster, as well as
a “compassionate and flexible” assessment of applications to extend the stay of
Filipinos who are in Canada as temporary residents. While no specific timeline has been provided
by CIC at this time, these special measures are expected to cease at some
point. So if you or your families wish
to invoke priority processing, the request or application must be sent to CIC
at the earliest opportunity and before this policy ends.
Although these
special measures are very much welcome and greatly appreciated, it appears that
many Filipinos who availed of, or wish to avail of these measures are still
facing serious issues in fulfilling CIC
requirements. The problems
include the lack of adequate communication and transportation facilities for
their affected families in the Philippines and the added financial burden
entailed in processing various documentary requirements. Hopefully, the special measures will also
take these practical difficulties into serious consideration in dealing with
the applications so that the main objective of reuniting distressed families
can be realized as soon as possible.
New and Revised Permanent Residence
Application Categories
In January
2013, the Federal Skilled Trades program took into effect which was meant for
those with adequate experience and specialized skills in identified trades that
are most in demand in the present Canadian job market. The list of occupations which may qualify
under this permanent residence category are jobs that fall under NOC skill
level B or those requiring at least a postsecondary education and/or
apprenticeship training. Contrary to
what people initially thought, this program would still not provide a route for
permanent residence for those who came to Canada under the so-called “Pilot
project for low-skilled occupations” since the latter perform jobs which fall under the NOC C and D categories.
Also in January
2013, the work requirement to qualify under the Canadian Experience Class (CEC)
was reduced from two years to one year.
Hence, this category attracted an even greater number of applications
from those who are already working in Canada in NOC O, A or B occupations. However, in November 2013, major changes to
the CEC were further introduced such as imposing an overall quota of 12,000 and
sub-quotas of 200 for NOC B occupations.
CIC also stopped accepting CEC applications from those in certain
occupations where too many applications have been received, namely, cooks, food service
supervisors, administrative officers and assistants, accounting technicians and
bookkeepers and retail sales supervisors.
In April 2013,
the Start-up Visa program took effect which is another option for permanent
residence for those with a promising business idea that is supported by a
Canadian angel investor group, venture capital fund or business incubator
program. Judging by the nature of the
designated investors and pronouncements made by CIC officials, the program
appears to be geared towards the high-technology sector which is perceived to
bring higher returns and create more jobs for the Canadian economy.
In May 2013,
major changes to the Federal Skilled Worker class, including a modified points
system and a reduced list of eligible occupations, took into effect. The changes reflected Canada's emphasis on
higher-skilled occupations, superior English or French language skills and
younger immigrants. There were also
quotas imposed on applications to be accepted for the eligible occupations such
that the more popular occupations (i.e. engineering managers, civil and
mechanical engineers, financial and investment analysts, computer engineers and
programmers, physiotherapists) were filled not very long after these changes
took effect.
Temporary Residence Applications and
Stricter Inadmissibility Provisions
For temporary
residence applications, one of the major changes implemented this year occurred
in July 2013 when Service Canada imposed a $275 processing fee per occupation
for all labour market opinion (LMO) applications. This fee must be paid for by the employer and
not by the prospective employee. Other
changes introduced dealt with stricter English and French language
requirements, as well as additional advertising and recruitment
requirements
In June 2013,
the controversial bill entitled “Faster Removal of Foreign Criminals” entered
into force after several months of discussions and debate. Some of the harshest provisions of this new
law include the removal of the rights of appeal for permanent residents who are convicted for a crime and sentenced to six months or more
(at least two years previously), including conditional sentence served in the
community. Moreover, foreign nationals who are deemed to be
inadmissible for the most serious
grounds of security, human or international rights violations, or organized
criminality no longer have access to humanitarian and compassionate
consideration.
The above are changes which entered into
force this year. These do not include
those which were also introduced this year but which are still subject to
review, consultations and/or the legislative approval process. In fact, there are several more changes
which have already been introduced and are expected to take effect in January
2014 and even those expected to take effect in 2015 (such as the Expression
of Interest framework of admitting
permanent residents now hotly debated in the House of Commons and
elsewhere).
In other words, immigration law remains to
be a highly volatile, sometimes confusing and ever-changing area of law and
policy where challenges, pitfalls and unending issues abound. We will be happy to keep readers posted on
these changes in the coming year. So
please stay tuned.
Merry Christmas and a Blessed New
Year to all!
The author is a Filipino-Canadian
immigration lawyer and may be reached at deanna@santoslaw.ca. This article is meant for legal information purposes only and not
intended to provide specific legal advice.
It is strongly recommended that you consult with a legal professional to
discuss your particular circumstances.
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