Your gateway to Canada

By Attorney Henry Moyal

NEW CANADIAN IMMIGRATION LAWS WILL FAST TRACK ALL APPLICATIONS BUT ONLY FOR 38 OCCUPATIONS

On November 28, 2008 the Federal Immigration Minister Jason Kenney announced new laws to Canada’s immigration system. It has been no secret that Canada’s Immigration system has been in a backlog for the last decade given how easy it was to qualify. Applicants did not require a job offer or a relative and the inventory at the embassies around the world kept on growing and growing. The news laws announced today are intended to reduce the backlog of existing files and to fast track new applications in accordance with the labour market. According to Mr. Kenney, Canada is still on target to welcome approximately 250,000 new immigrants this year.

However, the new laws have come with a price. Not every applicant will be able to qualify as the minister has limited the occupations to 38 designated positions. As well, the minister has made his laws retroactive to the Federal Budget Bill of February 27, 2008.

It should be noted that applicants still do not require a job offer or relative to qualify. If an applicant has at least one year of work experience in one of the 38 occupations then they are eligible to apply. As well, it is important to note that applicants with job offers are not affected by the new laws and applicants who are applying via a provincial program (for example , the H1B fast track stream in Alberta or family sponsorship of Alberta, Saskatchewan, Manitoba) are not affected by the new laws.

HOW IT WORKS

Applicants who have filed their applications prior to February 27, 2008 will be under the old laws and in the so-called backlog. The new laws will not affect them and hopefully visa officers will have more time to process their cases. Applicants in the USA with applications at local Canadian Consulates in the USA will be processed in about one year.

Applicants who have filed their applications after February 27, 2008 will be governed by the new laws. If an application is already in process and does not have a job offer and is not within one of the 38 occupations will have their applications returned.

Applicants who have filed after February 27, 2008 and have at least one year of work experience in one of the 38 occupations (and meet the other requirements of the regulations) will continue to be processed. According to Mr. Kenney the goal is to process these applications in 6 -12 months.

Applicants who file the applications now or after the November 28, 2008 announcement will of course be governed by the new laws and must have at least one year of work experience in one of the 38 occupations. According to Mr. Kenney the goal is to process these applications in 6 -12 months.

The 38 occupations are considered high-demand in Canada and are in the health, skilled trades, financial sector and resource extractions. The 38 occupations include:

Financial Managers
Computer Specialists
Restaurant/Food Service Managers
Accountants and Auditors
Engineers
Physicians
Physiotherapists
Nurses
Medical Radiation Technologists
Licensed Practical Nurses
Teaching Instructors
Chefs
Cooks
Electricians
Plumbers
Welders

WHO IS NOT AFFECTED BY THE NEW LAWS

The new laws do not apply to:

1. An applicant who has been working or studying in Canada for at least one year
2. Applicants with job offers in Canada
3. Applicants who are applying via a provincial program (for example , the H1B fast track stream in Alberta or family sponsorship of Alberta, Saskatchewan, Manitoba)

Attorney Henry Moyal is a certified and licensed immigration lawyer in Toronto, Ontario. The above article is general advice only and is not intended to act as a legal document. Send questions to Attorney Moyal by fax, phone or email canada@moyal.com