 Amendment in IRPA
Feds ease new immigration rules
Articles about Immigration Consultants
Articles about Skilled Worker Immigration
Border Issues
AWW Referrals
Amendment in IRPA
Please be advised that according to the Regulation 10(1) (e) of Immigration and Refugee Protection Regulations 2003, if there is an accompanying spouse or common law partner, one has to identify who is the principal applicant and who is accompanying spouse.
Further, it is clearly mentioned in OPI (Overseas Procedural Manual) Section 7.4 that the principal applicant cannot be alternated after the processing of an application begins. This means that if the applicant wants to change his spouse as principal applicant during the pendency of application, the original application should be closed and new application with new visa processing fees should be submitted.
Feds ease new immigration rules
Ottawa to permit refunds, grace period for tradesmen
OTTAWA (CP) - The federal government is backing down from some of the most controversial aspects of tough new immigration rules, Immigration Minister Denis Coderre announced today, while hinting at further changes down the road. The changes address several issues in the controversial immigration act passed last fall that make it much more difficult to become a landed immigrant.
Critics argued the retroactive law unilaterally changed the ground rules for applicants who had already paid fees of $500 per adult and $100 per child. About 70,000 would-be immigrants who applied before Dec. 17 are now being offered the opportunity to drop their application and get a full refund. Those who decide to stick it out will get an easier ride.
Skilled workers and business immigrants who applied prior to the December cutoff will continue to be graded using the old criteria for an extra six months - until Jan. 1, 2003. If they still haven't received a decision by then, they'll be graded using the new selection criteria but can pass muster with a lower mark - 70 out of 100 points rather than the proposed 80-point cutoff.
Coderre said the criteria for change were "fairness, equity, do-ability." "We have to find a way to make sure we send the proper message to the rest of the world that we need some skilled workers." The moves come after intense pressure within the Liberal caucus from a number of MPs with multicultural ridings. The retroactive nature of the rule changes were considered particularly offensive considering there is a backlog of about 220,000 applicants in the system.
Coderre, appointed to the immigration portfolio just last month, said he'd still like to see "some major change" in the selection criteria grid and the passing grade level at some future date. In the meantime, most of the new immigration legislation comes into effect June 28.
Immigration lawyer Lorne Waldman said the changes are significant. "I think they realized, given the vehemence of the response both in the caucus and in the public, that they couldn't change the rules retroactively without notification," said the Toronto lawyer.
"They were on very weak ground. This is a major backtracking." Allowing early applicants to opt out with a refund was only fair, Waldman said. And the six-month extension of the old criteria coupled with the lowered passing grade also means the number of rejections will drop significantly.
Steve Mahoney, Liberal chairman of the Commons immigration committee, lauded the changes as "a first step" but said much more needs to be addressed in the selection criteria, especially for skilled workers.
"I wouldn't call it tinkering, there's still some surgery that needs to be done in that area," said Mahoney.
Coderre appeared to agree.
He noted that under the proposed criteria, his carpenter father wouldn't be eligible to enter Canada. "My dad doesn't have a PhD but, boy, he can build a house. So what's the definition of skilled workers?" The proposed point system reduces the number of criteria for selection and puts most of the emphasis on education, language skills and work experience.
Articles about Immigration Consultants
Immigration Minister Denis Coderre said that action will be taken before 2004 to regulate immigration consultants who presently are not required to complete competency and accreditation exams to practice as immigration consultants.
Immigrants who have had bad experiences with immigration consultants are supportive of this action.
Articles about Skilled Worker Immigration
A former Liberal leadership candidate says that potential immigrants to Canada should be better informed about job opportunities available to them.
The Minister of Citizenship and Immigration is now looking at relaxing entry laws to lure more workers to Canada. Click for the full article.
Tough new selection criteria that came into force in June 2002 have seriously reduced the number of visa applications from skilled immigrants. From June 2002 to February 2003, 26,000 new immigrant visa applications were received by Citizenship and Immigration Canada, down from 100,000(!) in the same period, a year before - a 75% decrease. Stricter language criteria as well as the necessity of having a job offer are considered two of the factors that make it very difficult for applicants to meet the higher pass mark of 75 points. Click here for the full article.
Immigration lawyers have launched a class-action lawsuit against the federal government, arguing that tens of thousands of potential immigrants (who submitted applications for permanent residence that were received by Citizenship and Immigration Canada prior to January 1, 2002) should be processed under old immigration-selection criteria and failing that, are seeking a refund of the fees paid by the applicants. Click here for the full article.
Business Class Applicants
Business applicants no longer have to send their applications to Business Immigration Centres, but to the visa office of their nationality.
Place of Application for Permanent Resident Visas, Temporary Resident Visas, Work Permits and Study Permits
Beginning May 1, 2003, applications for these visas and permits must only be made to the immigration office that serves the applicant's country of nationality or the country where the applicant has been lawfully admitted (for permanent resident visas - must be lawfully admitted to that country for at least one year).
Border Issues
Direct Back Procedures
On January 27, 2003 Citizenship and Immigration Canada issued instructions for front-end processing of refugee protection claims. This is very important to those who come to the U.S.-Canada border because persons trying to come to Canada to claim refugee protection in order to avoid the U.S. INS registration procedures may be directed back to the U.S. without requiring any assurances from the U.S. that they will not be detained.
All refugee claimants must undergo front-end processing, which includes an in-person examination, security screening and criminality checks, before the person is allowed into Canada. All claimants will be interviewed to elicit information so that decisions on admissibility, security and criminality can be made.
When there is a sudden surge in the number of claimants and/or resources are unavailable and it is not possible to do the full front-end processing, immigration officers at the border may direct back claimants to the U.S. or detain them.
Safe Third Country Agreement
Latest News: the proposed rules and regulations have yet to be published by the U.S. They likely will not be finalized until the summer or fall. Each side (Canada and the United States) must determine how to implement the Agreement according to their own laws and procedures. The protocol to be applied for sending a refugee claimant back under the terms of this Agreement as well as procedures for monitoring must be agreed upon jointly by both countries.
Canada and the United States signed this Agreement on December 5, 2002. This Agreement allows Canada can turn back asylum seekers at the U.S. border and make them apply there (ie. they ought to apply for asylum in the first "safe third country" - in this case the U.S. - that they land in). This Agreement is not yet in force. You will see further updates on this Agreement in the future right here! Persons who arrive at a port-of-entry (including Canada Customs checkpoints at the U.S.-Canada border) intending to claim refugee protection have an obligation to be truthful in answering questions during an examination by an immigration officer. This is being applied very strictly and they must be 100% accurate or they will be refused entry into Canada.
Persons who arrive using this method must also carry valid identity documents. Recently, people who did not carry identity documents with them were detained for later removal.
An immigration officer is now permitted (according to the new law) to board any means of transportation, examine any persons on board (not just the person claiming refugee protection), seize any documents as well as the means of transportation.
Skilled Workers
a) Language Ability
Visa officers no longer assess language ability. Instead, points are awarded based on the results of a language test from an approved organization.
For English, the approved testing organizations are:
International English Language Testing System (IELTS) and
Canadian English Language Proficiency Index Program (CELPIP)
For French, the approved testing organization is:
Test d'Evaluation de Francais (TEF)
Under the new immigration regulations, these tests are conclusive evidence of the applicant's proficiency in that language.
b) Use of Interviews
The use of objective standards enables visa officers to make selection decisions from the documentation provided without an interview. However, interviews may still be necessary for some interviews.
Permanent Resident Cards
The permanent resident card replaces the IMM1000 for those who have permanent resident status in Canada. They will need it if they want to re-enter Canada on a commercial carrier (boat, train and bus). The IMM1000 will be accepted until December 31, 2003.
Only permanent residents currently residing in Canada can apply for a PR card. Permanent residents overseas must apply for a special temporary resident permit.
The Immigration and Refugee Protection Act (IRPA) came into force on June 28, 2002.
It provides that every application, proceeding or matter under the current Immigration Act that is pending or in progress immediately before the IRPA is operative shall be governed by the provisions of the IRPA when it comes into force.
In other words - if you applied before June 28, 2002 and your application is still being processed, the IRPA will apply.
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