Budget 2017 and Canadian Immigration
The New Federal Budget Brings Changes to Temporary Foreign Worker Program and Immigration and Refugee Protection Act
The recently-introduced 2017 federal budget has several implications for Canadian immigration. These include changes to the Temporary Foreign Worker Program (TFWP) and amendments to the Immigration and Refugee Protection Act (IRPA). These changes seek to improve the Canadian workforce, streamlining the delivery and processing of immigration programs and applications. For further information on obtaining Canadian work permits, contact an immigration lawyer in Canada.
Additional Funding
The budget’s changes include additional funding for the TFWP and the International Mobility Program (IMP). These funds are meant to:
- improve the Global Skills Strategy;
- shorten processing times for temporary work permits; and
- attract highly skilled foreign workers.
There will also be the creation of new work permit categories that don’t require the Labour Market Impact Assessment (LMIA) from employers before hiring a foreign worker.
The federal budget has allocated $7.8 million over two years to the Global Talent Stream (GTS). The GTS is meant to issue work permits to highly skilled workers. This allows Canadian companies to have access to talented workers, maintain competitiveness, increase investments, and promote job creation. The GTS will also help the growth of global companies who are relocating to Canada and create more jobs in Canada. The GTS will also create short-term work permit categories. These permits will allow for inter-company work exchanges, temporary expertise, and study exchanges for fewer than 30 days in a year.
Changes to the IRPA
The Canadian government also has plans to amend two parts of the Immigration and Refugee Protection Act (IRPA). The first amendment will make it possible to efficiently manage the Express Entry system so it will be better able to meet the needs of the Canadian labour market. By doing so, the Comprehensive Rank Scoring will vary and depend on factors in the labour market—i.e. National Occupational Classification codes.
The second amendment will allow the Canadian government to update immigration application fees in a timely manner. This could lead to an increase in application fees, or to their re-allocation, depending on immigration categories.
The Canadian government is also removing the LMIA application fees for families who wish to hire caregivers to take care of family members with extensive medical needs. There are plans to drop these for for households that make less than $150,000 and wish to hire caregivers for child care.
The extensive funding to the TFWP and the expected streamlining of the application process for skilled foreign workers is a clear benefit for both Canadian companies and foreign workers. The IRPA amendment to change the Express Entry system will benefit highly skilled workers; in turn, this will help meet the demands of the Canadian labour market. It could, however, make it more difficult for foreign workers in fields with less demand to get work permits in a reasonable amount of time. For more information and help with the work permit process, consult with a Canadian immigration lawyer.
Growing International Student Interest in Canada
Prospective Students Should Consult with A Canadian Immigration Lawyer for Help with The Process
The U.S. has long been a beacon for higher education. The country draws many students from around the world (including Canada) due to its number of renowned universities. Now that Trump is president, though, his anti-immigration stance has many international students looking for more hospitable countries to study in, including Canada. An immigration lawyer can help international students keen on studying in Canada with the process.
According to a recent article about Canada's rising popularity among international students in the Trump era, some international students are unable to return to school in the U.S. because their visas were revoked. Many no longer consider the U.S. as a desirable country to live, study, and work in. Although the top U.S. court has suspended both executive orders, international students are still in limbo. They must wait to see if they can go back to the U.S., or if they'll have to study elsewhere.
Now, more than ever, many international students—including U.S. students—are looking to Canadian universities. While some of the surveyed students say they made their decisions to study in Canada based on other factors, they added that Trump's election reinforced their decision to study abroad.
Since Trump’s election last November, web traffic has increased significantly for Canadian university websites. U.S. student applications to Canadian universities have also skyrocketed; McGill's increased 25%, McMaster's 25%, and the University of Toronto saw an almost 80% increase. The Brexit vote also made Canada a more viable country for international students, since Canada still has an inclusive immigration stance.
The University of Toronto has been especially welcoming to international students. U of T has been promoting its inclusive and diverse community as representative both of Toronto and Canada. After Trump introduced the first immigration ban, Universities Canada also spoke out. They welcomed those from around the world to work and study at Canadian universities. By opening the door to more skilled workers, bringing in knowledge, and encouraging innovation, Canada’s economy and society will continue to be strengthened.
Some universities in Canada have even waived the application fee for international students who were affected by Trump’s executive orders. For instance, the cost of tuition in Canada is much lower than that of many schools in the U.S. In addition, Canada has a relatively low dollar. This makes the affordability of studying and living in Canada—along with Canada’s openness to immigration—one of the best options for international students now. For further information on study permits and the application process, prospective international students should consult with a Canadian immigration lawyer.
Express Entry Invitations Reach New High in 2017
Invitations Sent to More Permanent Residence Applicants Due to Recent Proactive Changes to The Express Entry System
Recent changes to Canada’s Express Entry system have made it possible for more candidates to be eligible for permanent residence. Candidates are drawn from the Express Entry pool based on their scores (rankings). The Comprehensive Ranking System (CRS) calculates their score. Candidates earn points through the CRS based on skills, experience, education, language, and other factors. These help to determine a candidate’s economic value to the Canadian workforce.
Those who are drawn from the Express Entry pool are then sent an Invitation to Apply (ITA) for permanent residence. The recent changes to the CRS are meant to meet the demands of Canada’s workforce and improve Canada’s economy. For more information on the Express Entry process, contact an immigration lawyer in Canada.
According to a recent article discussing the Express Entry system, the first quarter of 2017 had the greatest number of Express Entry ITAs than any other period, barring the prgoram's introduction in January 2015. The number of ITAs issued increased 160 percent compared to the first quarter of 2016. Recent changes to the Express Entry system are part of the reason for this increase.
The minimum amount of CRS points required for recent draws has decreased significantly. The minimum was 786 in November 2016, compared to 434 in March 2017. As a result, it's now possible to draw more candidates. There were also changes to the CRS that came into effect in November, including awarding more points to those with a Canadian post-secondary education. But points awarded to those with Canadian job offers decreased from 600 to 50 or 200 (depending on the job position). However, the overall qualifications have become more relaxed and fair.
The number of provincial nominations through Provincial Nominee Programs (PNPs) has also increased. PNPs still award the greatest amount of points—600—for the CRS, and provinces offer at least one enhanced program stream that is part of the Express Entry program.
A factor that has made it possible for more Express Entry ITAs involves a reduced backlog of applications for the federal economic immigration program. There is also the introduction of Canada’s Immigration Plan for 2017 that focuses on applicants with the skills and experience to meet the current demands of Canada’s workforce.
Since the introduction of the Express Entry system in January 2015, 43,000 permanent residents landed in Canada through this program. At the beginning, numbers were lower since candidates had to wait for an ITA, then go through the application process, which normally takes six months. After the first six months of the program, Express Entry admissions continuously increased.
The Express Entry system is the leading program for economic immigration to Canada and the recent changes are improving Canada’s society and economy. For those interested in entering the Express Entry pool, an immigration lawyer in Canada can help with the process.
Fraudulent Immigration Cases Strain CBSA
How Fraudulent Immigration Consultants Are Affecting Canadian Immigration Claims and Agencies
Fraudulent immigration consultants aren’t just scamming people in foreign countries. Closer to home, the Canada Border Services Agency (CBSA) is dealing with fraudulent immigration consultants and does not have the resources to investigate every complaint. The "consultant's" victims lose money, and in some cases are deported if their immigration applications are fraudulent.
With the help of immigration lawyers in Canada, though, these victims might have a chance at a fair immigration hearing and overturn their rejected claims.
A recent article by Law Times discussed necessary federal-level changes that need to be made to crack down on fraudulent immigration consultants in Canada. Currently, the CBSA takes the lead in investigating fraudulent consultants; however, the CBSA also handles many other large cases (such as national security and drug trafficking) that often require more time and resources. This means that they are only able to look into larger cases of immigration fraud.
Small-scale cases, with three to four victims or complaints, are often dismissed due to a lack of resources. Many complaints do not warrant criminal investigations because of a lack of evidence, witnesses, and public interest, or are deemed not severe enough to follow through on.
The Canadian government should ease the burden on the CBSA by allowing other agencies to handle fraudulent immigration consultant cases. At the moment, the Immigration Consultants of Canada Regulatory Council (ICCRC) can only investigate complaints against its licensed members, not fraudulent consultants.
A change to the Immigration and Refugee Protection Act to recognize the ICCRC’s role in Canadian immigration would allow them to investigate more cases. This, in turn, would take some of the pressure and burden off the CBSA.
Currently, there are cases of fraudulent immigration consultants facing jail time. For example, Xu Wang is serving a seven-year prison sentence for scamming hundreds (possibly thousands) of Chinese immigrants.
Wang, like other fraudulent consultants, forged and falsified immigration documents so immigrants could gain permanent residence status in Canada. This investigation has already led to the deportation of some victims, while others are still waiting for decisions.
Unfortunately, fraudulent immigration scams are a reality in Canada. People end up trusting such “consultants” to handle their immigration applications because they pose as legitimate businesses or lawyers. Canada needs to do more to crack down on these fraudulent consultants so that more people don’t fall victim to their schemes and risk losing their chances to immigrate to Canada. Contact an immigration lawyer for assistance if you think you’ve been the victim of an immigration scam.
The Cost of Canada’s Indefinite Immigration Detention Time
Canadian Immigration Lawyers Are Fighting to Change the Indefinite Detainment Length for Immigrants Awaiting Deportation
Unlike most countries, Canada does not have a time limit on detaining immigrants who are awaiting deportation. Many would-be immigrants are stuck in immigration limbo, held in prisons for unreasonable amounts of time. This has had a negative impact on the lives of detainees and their families. What’s more, it’s also costly for Canadian taxpayers. Canadian immigration lawyers are advocating for a reasonable and humane time limit so detainees won’t be imprisoned for long periods of time with no end in sight.
According to an investigation by The Toronto Star, hundreds of immigrants are currently imprisoned across Canada for indefinite periods of time. The average detention time is three weeks, but some have been detained in prison indefinitely because they lack the required citizenship and travel documents to be deported.
Some detainees are held in maximum-security prisons, like Kashif Ali, who has been imprisoned for seven years, the longest immigration detainment in Canada so far.
Canada cannot deport him back to Ghana because he does not have any valid documents to prove his Ghanese citizenship, such as a birth certificate or passport. For detainees who, like Ali, lack valid documents, their home countries must provide Canada with a one-way travel document to allow for their deportation.
But when these home countries do not comply, detainees are stuck in prison indefinitely. Ali has missed notable events in his Canadian-born daughter’s life during his detention, including her wedding and her graduations from high school and nursing school. His mental and physical health is also deteriorating because of this seemingly endless imprisonment.
Ali’s lengthy detention has not only hurt him and his family, but it is also costing Canadian taxpayers $250 per day, which adds up to $90,000 per year. Ali is one of many immigration detainees who are being held at the Central East Correctional Centre in Lindsay, Ontario. This maximum-security prison holds the largest number of immigration detainees in Canada.
Every 30 days, the Immigration and Refugee Board (IRB) reviews detainee cases, and if nothing has changed, they stay imprisoned. According to The Toronto Star, many immigration lawyers in Canada have deemed this a “frustrating and insufficient” process.
But there is hope: immigration detainees can now challenge these indefinite detentions in the Superior Court thanks to a 2015 case proving indefinite detainment to be a violation of the Canadian Charter of Rights and Freedoms.
Canada needs a fair detention limit, with either a maximum detention length or a presumptive period of release. Most countries have maximum detention lengths, excluding Canada, the U.K., and the U.S.
But even the U.S. has a presumptive period of release. The U.S. Supreme Court ruled that a detainee must be released if after six months of detainment, there is no chance for deportation in a reasonable amount of time.
The indefinite detention length in Canada is not only unreasonable, but it’s inhumane and depriving detainees from a decent quality of life.