Metro Toronto Chinese & Southeast Asian Legal Clinic - January 22, 2013 1 OCASI Webinar Series Changes to Immigration and Citizenship Laws Jan 22, 2013

Metro Toronto Chinese & Southeast Asian Legal Clinic - January 22, 2013 1

OCASI Webinar SeriesChanges to Immigration and

Citizenship LawsJan 22, 2013

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What this Webinar is About?

•Changes to language requirement for Canadian citizenship•Super visas for parents & grandparents•Changes to Skilled Workers Class•Conditional Permanent Residency


Changes to Citizenship Language Requirement


5(1) The Minister shall grant citizenship to anyone who:(d) has an adequate knowledge of one of the official languages of Canada

Citizenship Act, RSC 1985, c. C-29, s.5(1)(d)


s.14 The criteria for determining whether a person has an adequate knowledge of one of the official languages of Canada are, based on questions prepare by the Minster,

(a) that the person comprehends, in that language, basic spoken statements and questions; and(b) that the person can convey orally or in writing, in that language, basic information or answers to questions.

Citizenship Regulations, SOR/93-246, s.14


“Applicants for a grant of Canadian citizenship must have an adequate knowledge of either English or French. This means being able to communicate in everyday situations, such as shopping, using public transport, understanding simple questions, and conveying information reliably.”

Citizenship and Immigration Canada, CP4: Grants, s. 7.6


As of November 1, 2012, all adult applicants for a grant of citizenship aged 18 to 54 must provide objective evidence of language ability by submitting proof of achievement of Canadian Language Benchmarks / Niveaux de compétence linquistique canadiens (CLB/NCLC) Level 4 or higher in speaking and listening with their application.


Applicants must provide a copy of their language evidence with their application (as per the Final List of Acceptable Evidence provided as Appendix A of the Operational Bulletin 469). CIC will return the applications of those who do not provide evidence that they meet the language requirements up front.


Acceptable language evidence • Results of a CIC-approved third-party language test (only

listening and speaking);• Evidence of achieving CLB/NCLC Level 4 or higher in certain

government-funded language training programs: – Language evidence as listed in Appendix A, shows proficiency in the

two skills areas (i.e., listening and speaking) in English or French;– A test must show the applicant’s score and confirm that they meet the

required CLB/NCLC Level 4 or higher.• Proof of completion of secondary or post-secondary

education: – Successful secondary education completed in French or English, in

Canada or abroad (Appendix A);– Successful post-secondary education completed in French or English,

in Canada or abroad (Appendix A);


Applicants with special needs • Applicants who have a cognitive disability that

prevents them from providing proof of language ability will need to explain on the application form the nature of the disability and provide documentary evidence in support of the condition.

• There must be at a minimum one piece of supporting documentation included with the application.


Impact of the change

• More Delay• More Refusals• Immigrants and refugees from non-English

speaking countries, family class immigrants and less likely to become citizens


Rates of citizenship applications• Landed in 2001 eligible to apply in 2005: percentage who are Canadian: 76.2%• Landed in 2002 eligible to apply in 2006: percentage who are Canadian: 72.9%• Landed in 2003 eligible to apply in 2007: percentage who are Canadian: 68.3%• Landed in 2004 eligible to apply in 2008: percentage who are Canadian: 63.9%• Landed in 2005 eligible to apply in 2009: percentage who are Canadian: 55.5%• Landed in 2006 eligible to apply in 2010: percentage who are Canadian: 40.4%• Landed in 2007 eligible to apply in 2011: percentage who are Canadian: 16.6%• Landed in 2008 eligible to apply in 2012: percentage who are Canadian: 2.9%

THE INTERNAL CIC DATA RUN - “NOVEMBER 24, 2011” LEXBASE JANUARY 2013


Super Visa for Parents and Grandparents


Family Class• 117 (1) A foreign national is a member of

the family class if, with respect to a sponsor, the foreign national is

• the sponsor’s mother or father; • the mother or father of the sponsor’s mother

or fatherImmigration and Refugee Protection Regulations, SOR/2002, s.117(1)(c)(d)


Moratorium on Sponsorships of Parents & Grandparents

• As of November 5, 2011, by way of a Ministerial Instruction, the Minister of Citizenship and Immigration imposed a moratorium on sponsorship of parents and grandparents.

• No new applications unless received by the CPC Mississauga prior to November 5, 2011

• The moratorium will remain in place for up to 24 months.


Authority for Ministerial instruction

Section 87.3 of the IRPA which authorizes the Minister to give instructions regarding applications in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.


Ministerial Instructions• 87.3 (3.1) An instruction may, if it so provides, apply

in respect of pending applications or requests that are made before the day on which the instruction takes effect.

• (3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.

Immigration and Refugee Protection Act, S.C. 2001, c.27, s.87.3


To apply for the Parent and Grandparent Super Visa, you must

• be the parent or grandparent of a Canadian citizen or a permanent resident of Canada;

• be found admissible to Canada; and• meet certain other conditions. • Note: You cannot include dependants in this

application. Only your spouse or common-law partner is eligible to accompany you under this provision.


Factors considered by visa officers • the person’s ties to the home country; • the purpose of the visit; • the person’s family and financial situation;• the overall economic and political stability of

the home country; and • an invitation from a Canadian host.


Parent or grandparent must also• provide a written commitment of financial

support from their child or grandchild in Canada who meets a minimum income threshold;

• prove that they have bought Canadian medical insurance coverage for at least one year; and

• complete an Immigration Medical Examination.


What must I do to obtain a Super Visa?

• In order to obtain a Super Visa, provide:• evidence of the parent or grandparent relationship to the

Canadian citizen or permanent resident you wish to visit • a letter of invitation • proof from your child or grandchild that he meets LICO• proof that you have private medical insurance valid for a

minimum of one year from a Canadian insurance company and that: – covers health care, hospitalization and repatriation,– provides a minimum coverage of $100 000, and– is valid for each entry to Canada and be available for review by a port

of entry officer.


Concerns Regarding the Super Visa

• Only the Rich Need Apply• No dependents Allowed• Canadians of Chinese and South Asian descent

disproportionately affected


Federal Skilled Workers Program


Major changes• Elimination of the FSWP backlog• New Federal Skilled Trades Program• Changes to Canadian Experience Class (CEC)• New Selection system for FSWP


Elimination of the FSWP backlog

• CIC closed the files of FSW applicants who applied before February 27, 2008, and for whom an immigration officer has not made a decision based on selection criteria by March 29, 2012.

• The announcement affected around 280,000 applicants, including their dependants.

• For those who have passed the selection criteria stage – approximately 20,000 people – CIC would continue processing their applications until they are approved for entry into Canada or not.


Expression of Interests Model• An Expression of Interest (EOI) system will be

put in place for FSW and possibly other economic immigration streams. The goal is to move to a just-in-time system that recruits people with what the government consider as the right skills to meet Canada’s labour market needs.


New Zealand Model

• Self-Assessment• Expression of Interests• Selection and invitation to Apply• Application• Decision


New Federal Skilled Trades Program

• As of January 2, 2013 a new Federal Skilled Trades Stream is created

• The program criteria are built around four requirements

• Total applications accepted: 3000


In order to qualify, applicants will need to: • have an offer of employment in Canada or a

certificate of qualification from a province or territory

• meet a basic language requirement; • have a minimum of two years of work

experience as a skilled tradesperson, • have the skills and experience that match

those set out in the National Occupational Classification (NOC B) system


Occupation Lists• The occupation list is decided into two groups:

group A and group B, with no more than 100 new applications for each job under Group A to considered for processing and no sub-cap for jobs under Group B.

• Group A: 17 jobs with a moderate labour market need

• Group B: 26 in-demand jobs.


Group A Jobs (moderate labour market need) include:

• Contractors and supervisors in electrical trades and telecommunications occupations, carpentry trades, construction and mechanic trades

• Supervisors, logging, forestry, mining and quarrying• Contractors and supervisors, oil and gas drilling

services, petroleum, gas and chemical processing and utilities

• Supervisors, plastic and rubber products manufacturing

• Water and waste treatment plant operators


Group B – (in-demand) include• Machinists and machining and tooling

inspectors• Sheet metal workers, ironworkers, welders,

electricians, plumbers• Telecommunications line and cable workers,

installation and repair workers• Mechanics, crane operators


Changes to Canadian Experience Class (CEC)

• As of January 2, 2013, skilled worker applicants may apply to the Canadian Experience Class (CEC) program with 12 months of Canadian work experience

• Graduates have up to 36 months to earn their one year of work experience.


New Selection system for FSWP

As of May 4, 2013, the new selection system for the Federal Skilled Worker Program (FSWP) will take effect


Changes to the FSWP selection criteria:

• Minimum official language thresholds and increased points for official language proficiency, making language the most important factor in the selection process

• Increased emphasis on younger immigrants• Introduction of the Educational Credential

Assessment (ECA)• Changes to the arranged employment process• Additional adaptability points for spousal language

ability and Canadian work experience.


NEW POINT SYSTEM

• LANGUAGE: 28 points max• AGE: 12 points max• EDUCATION: 25 points max• WORK EXPERIENCE: 15 points max• ARRANGED EMPLOYMENT: 10 points max


What Do All These Changes Mean

• Changing the source countries of immigrants to Canada

• Changing the make up of immigrants• Changing the pathway to immigration


Things Are Looking up …. For some

The number of spaces available for Irish youth that arrive annually through the International Experience Canada (IEC) program will increse by 1,000 to 6,350 and will nearly double to 10,000 beginning in 2014.


CONDITIONAL PERMANENT RESIDENCE


Conditional Permanent Residence

Spouses, common-law or conjugal partners who are in a relationship of two years or less with their sponsor and have no children in common with their sponsor at the time of sponsorship application are subject to a period of conditional permanent residence.


What if Condition Not Met?

If this condition is not met, permanent residence could be revoked and an order for removal from Canada may be issued.


Exceptions to the conditional permanent residence requirement

• Evidence of abuse, including physical, sexual, psychological, or financial abuse,

• Evidence of neglect by the sponsor, such as failing to provide the necessities of life,

• Failure of sponsor to protect the sponsored spouse or partner from abuse or neglect during the conditional period, including failure by the sponsor to protect a spouse or partner from abuse or neglect by another person related to the sponsor, whether or not the other person is in the household, or

• Death of sponsor


Concerns

How to prove:

• Abuse• Neglect• Conjugal Relationship?



Questions: [email protected]

OCASI Webinar SeriesChanges to Immigration

Citizenship Laws

Presentation by:

Name of presenter and/or company nameContact: email address and/or phone #

Funded by:

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Metro Toronto Chinese & Southeast Asian Legal Clinic - January 22, 2013 1 OCASI Webinar Series Changes to Immigration and Citizenship Laws Jan 22, 2013