From the 1960s until very recently, there were two main channels for immigration into Canada for those wishing to become permanent residents. The first channel was a points system. This system sought to select immigrants based on “desirable” qualities such as education and employability. The goal of this was to ensure that new entries into the country would become productive members of society. The other channel was sponsorship of a relative or spouse. In the interest of keeping families together, it was made much simpler for a person to become a Canadian resident if their spouse or another family member already lived in Canada, immigration lawyers say. There is also an economic imperative at work in such a policy: a resident is less likely to send money abroad and more likely to circulate it back into Canada’s businesses and economy if their family is here with them.
However, Citizenship and Immigration Canada has been implementing many changes lately, and Canada’s immigration lawyers have noted a drastic change in how the system works during recent years that can make it much more difficult for new arrivals to become permanent residents or even citizens.
One such change implemented by Citizenship and Immigration Canada was the new Temporary Foreign Worker Program. When the rule colloquially known as “4 In, 4 Out” was implemented on April 1, 2011, it meant that any person allowed into the country as a foreign worker on or before that date would no longer be allowed to remain in Canada after April 1, 2015. They would also not be allowed re-entry for four additional years. While the intention of the new policy was to keep jobs open for Canadian citizens when possible, Canada’s immigration lawyers are wary that it may result in a “revolving door” employment system, with employers exploiting the policy to attain labour from foreign workers without the chance for promotion.
Other changes to immigration in Canada include stricter guidelines for attaining citizenship, mandatory biometric tests on refugees from countries deemed “high-risk,” and a much more complicated system for allowing family-based immigration.
Citizenship and Immigration Canada has also introduced an “Express Entry” system intended to streamline the process for those attempting to gain entry to Canada as permanent residents. By employing a points system to evaluate which applications warrant being considered for immigration, it offers the possibility of expediting the immigration process. However, in exchange, the likelihood of an application being accepted is significantly lower. Gerami Law PC’s suggests arranging a meeting with a Canada immigration lawyer to assess whether you meet all the necessary criteria to for receiving an Invitation to Apply for permanent residency to Canada.
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Arghavan Gerami
Arghavan Gerami is the Founder and Senior Counsel at Gerami Law Professional Corporation ('PC'), a full-service immigration law firm in Ottawa, Ontario. Since 2011, Ms. Gerami has focused her practice on immigration and refugee litigation. Prior to that, Ms. Gerami worked at the Ministry of Attorney General and the Department of Justice and had the privilege of serving the Honourable Mr. Justice M. Evans at the Federal Court of Appeal on immigration and administrative law appeals. Ms. Gerami contributes to the Immigration Law Section of the Canadian Bar Association, the Canadian Association of Refugee Lawyers, and the United Nations High Commissioner for Refugees. Ms. Gerami has also published numerous journal articles and presented at various immigration and refugee law conferences and events across Canada.