03 January 2009
Immigration changes in 2008
2008 saw substantial changes and revisions to Immigration policies and regulations.
The reason for the changes was twofold -
a) There were one million applications worldwide for potential immigrants waiting to enter with processing times of two to six years; and
b) Canadian employers were clamouring for workers, especially with the demographic shift of retirement.
The solution to the problem was twofold -
a) Make the selection of immigrants discretionary so that the Minister of Immigration can choose on a year-byyear which applicants will be selected under the point system; and
b) Look to the over 200,000 foreign nationals already here in Canada on work and study permits to facilitate their applications and expedite their applications for permanent residence.
The government approach was rational in that it wished to ensure that job demands in Canada were being met as rapidly as possible by looking inwardly at our Immigration
resources who may already be in the country. The effect has been to reduce the number of applications of skilled workers from outside of Canada while the backlog is being cleared and internal applicants are being expedited for permanent residence.
Practically, the government has:
• Reduced the number of jobs eligible for permanent residence in the skilled worker category entry to only 38 (from well over 1000 before). Successful candidates will now be chosen from managerial positions in finance, food service, accommodation and the oil sector industry. As well, professionals from health, engineering, IT and academia will also qualify.
• Given foreign students the right to work for up to three years after graduating and the ability to move to any geographical area they please.
• Given foreign students the right to work during the period of their studies to not only support themselves, but also to allow them to obtain valuable work experience and networking within the dominant community.
• Allowed workers and students to apply for permanent residence from within Canada rather than artificially have them leave and then re-enter.
• Created a new immigration class called the Canadian Experience Class, which allows foreign nationals to apply for permanent residence after working in Canada for a full two years.
• Allowed foreign national students to apply for permanent residence after completing their degree once they have one full year of work experience here in Canada. The change makes Canada (already a leader in per capita immigration intake) an even more desirable destination for students who really have the opportunity to adjust, acclimatize and network to obtain their permanent resident status. Simultaneously, the new changes provide Canadian employers immediate access to an already potential labour pool of over 200,000 foreign nationals in Canada.
S. DAVID AUJLA, B.Sc., LL.B., M.A., L.Ph.
1520 - 355 Burrard Street, Vancouver, B.C. V6C 2G8 Tel (604) 630-2244
204 - 645 Fort St., Victoria, B.C. V8W 1G2 Tel: (250) 383-3542 or Toll free: 1-800-818-1373
www.victorialaw.com • Email:david@victorialaw.com
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