The Canadian Immigration and Refugee Protection Act (IRPA) became law on June 28, 2002. The new law replaces the 25-year-old Canadian Immigration Act. The IRPA applies to all applications and proceedings that are pending or in progress before June 28, 2002. The new law substantially changes the Canadian immigration laws. A number of the key changes are discussed below.
1. Skilled worker
(a) General
Skilled workers must now obtain 75 points to qualify as a landed immigrant. Under the old laws applicants required 70 points.
Applicants applying under the skilled worker category are assessed under a new selection criteria:
- Education = maximum points 25
- Official Languages = maximum points 24
- Age = maximum points 10
- Experience = maximum points 10
- Arranged Employment = maximum 10 points
- Adaptability = maximum 10 points
Applicants who have applied before January 1, 2002 and have not received a selection decision by March 31, 2003, will be evaluated under the new criteria with a pass mark of 70 points.
Applicants who have applied on or after January 1, 2002 and did not receive a selection decision by June 28, 2002 will be evaluated under the new criteria with a pass mark of 75 points.
Under the current laws common law partners can be considered as the principal applicant or a dependent. A common-law partner is the person who has lived with the applicant in a conjugal relationship for at least 1 year. Common-law partner refers to both opposite-sex and same sex couples.
(b) New Selection Criteria
- (i) Education (Maximum 25 points)
More points have been awarded for applicants with a trade certificate or a second degree.- Applicants with a Ph.D or Masters degree AND at least 17 years of completed full-time or full-time equivalent study would obtain 25 points
- Applicants with two or more university degrees at the Bachelor’s level AND at least 15 years of completed full-time or full-time equivalent study would obtain 22 points.
- Applicants with a three year diploma, trade certificate or apprenticeship AND at least 15 years of completed full-time or full-time equivalent study would obtain 22 points
- Applicants with a two year university degree AND at least 14 years of completed full-time or full-time equivalent study would obtain 20 points
- Applicants with a two year diploma, trade certificate or apprenticeship AND at least 14 years of completed full-time or full-time equivalent study would obtain 20 points
- Applicants with a one year university degree at the bachelors level AND at least 13 years of completed full-time or full-time equivalent study would obtain 15 points.
- Applicants with a one year diploma, trade certificate or apprenticeship AND at least 13 years of completed full-time or full-time equivalent study would obtain 15 points.
- Applicants with a one year diploma, trade certificate or apprenticeship AND at least 12 years of completed full-time or full-time equivalent study will obtain 12 points
- Applicants with a completed secondary school educational credentials will obtain 5 points
- (ii) Official Languages (Maximum 24 points)
The maximum number of points available for proficiency in both English and French combined has been increased from 20 to 24. A new assessment level that recognizes “basic proficiency” has been added to the three existing levels (high, moderate, none).
Applicants will be awarded a maximum of 16 points for the ability to speak, listen, read and write in their first official language. A maximum of 8 points will be awarded for the applicant’s ability to speak, listen, read and write in their second official language.
Applicants must now provide conclusive proof of their language skills:- Take an official language test by an approved organization or
- Provide other written documentation
- (iii) Age (Maximum 10 points)
The age factor has been adjusted upwards so that applicants between the ages of 21 and 49 will score the maximum number of points. Applicants 21 to 49 years at the time of the application will receive 10 points (less 2 points for each year over 49 or under 21). - (iv) Experience (Maximum 10 points)
The total number of points available for “experience” has been reduced to 21 from 25 and more points will be awarded for one to two years of work experience. The points are broken down as follows:
1 year of working experience = 15 points
2 years of working experience = 17 points
3 years of working experience = 19 points
4 years of working experience = 21 pointsCitizenship and Immigration Canada has added a restricted occupation list. If the applicant’s occupation is listed on the occupation list they will receive 0 points under the experience category. Currently there are no restricted occupations. - (v) Arranged Employment in Canada (Maximum 10 points)
Applicants who have a confirmed offer of permanent employment from the Human Resources Development Canada will receive 10 points.
If applicants are applying from within Canada and have a temporary work permit that is either confirmed by the HRDC or HRDC confirmation exempt under NAFTA, GATS, CCFTA, significant economic benefit or intra-company will receive 10 points. - (vi) Adaptability (Maximum 10 points)
The breakdown of this category is as follows:- applicants spouse’s or common law partner’s education may receive an additional 3-5 points (depending on the level of education)
- Applicants (or the accompanying spouse or common-law partner) has a minimum of 1 year of full-time authorized work visa in Canada will receive 5 points.
- Applicants (or the accompanying spouse or common-law partner) has completed a minimum of 2 years full-time authorized post-secondary study in Canada will receive 5 points.
- Applicants who have received points under the arranged employment in Canada factor will receive 5 points
- Applicants (or the accompanying spouse or common-law partner), has a relative (parent, grandparent, child, grandchild, child of a parent, sibling, child of a grandparent, aunt or uncle, or grandchild of a parent, niece or nephew) who is residing in Canada and is a Canadian citizen or permanent resident may receive 5 points.
2. Returning Resident Permits
Under the new law, there is no longer a returning resident permit. A permanent resident must be physically in Canada two years every five-year period. New and existing landed immigrants will have to obtain new permanent resident cards.
3. Family Class
As discussed above, applicants can now sponsor common law partners including same sex partners.
A new “conjugal partners” category has been added to the family class to accommodate common-law partners who do not meet the one-year cohabitation requirement.
Under the old laws applicants could sponsor a dependent child under the age of 18. The new laws have increased the age of a dependent child to 22. The new definition of a dependent child is:
- (1)under the age of 22 and does not have a spouse or common-law partner; is a full time student and is substantially dependent on a parent for financial support since before the age of 22,
- (2) or since becoming a spouse or common-law partner (if this happened before age 22);
- (3) or is financially dependent on a parent since before the age of 22 because of a disability.
The Fiancé category has been eliminated.
4. Business Immigrants
A number of changes have been made to the Business Immigrant category, including changes to the definitions of investor, self-employed and entrepreneur.
In addition, an applicant’s net worth must be “legally obtained”, and immigration officers will be provided with the ability to examine the propriety of the accumulation of net worth.
The Family Business Job Offer Program has been eliminated.
The next issue of the Canadian immigration newsletter will discuss these business immigration changes in detail.
5. Refugees
The major change affecting the Refugee class is eliminating of the Undocumented Protected Persons in Canada (UPPC) category. The UPCC provision called for a three-year delay in landing for people unable to obtain original identity documents from certain countries.
If you have any questions about Canadian Immigration laws please contact Leonard Pearl at our Canadian office (lpearlvisalaw@sprint.ca or 905-764-8767).
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.