FREQUENTLY ASKED QUESTIONS

Transcription

1 FREQUENTLY ASKED QUESTIONS Description of and rationale for changes 1) What are the proposed legislative changes? The new rules will allow us to focus on getting the people we need. Anyone will still be able to apply, but CIC will no longer be required to process all new applications. The new provisions will allow the Department to choose, from the new applications, those that best meet Canada s labour market needs. Under the current system, which is much less flexible, CIC processes applications from skilled workers in the order in which they are received. The Department will use this flexibility in an open and transparent manner, based on instructions from the Minister. The instructions will be published in the Canada Gazette, reported in the Department s annual report to Parliament and posted on the CIC website. These instructions will have to comply with the Canadian Charter of Rights and Freedoms, which protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, and mental and physical disability. The Department will maintain its commitment to the objectives of the Immigration and Refugee Protection Act, which support Canada s economy and competitiveness, family reunification and the protection of those in need. The legislative amendments are intended to respond to Canada s labour market needs. The amendments would not affect our goals for family reunification and refugee protection. 2) In addition to the legislative amendments, what other measures are being considered to make the immigration system more efficient? The 2008 budget provided resources for efficiency improvements and for hiring more visa officers to better manage the backlog. Budget resources will be used for this purpose. 3) How did the backlog happen? There are several factors. First, unlike most immigrant-receiving countries, Canada does not put restrictions on the number of people who can apply, so each year, far more people apply than can be processed and admitted. Second, the current legislation requires CIC to process every single application to a decision, regardless of how many apply or how many can be welcomed in any given year. Third, just before the Immigration and Refugee Protection Act was implemented in 2002, there was a flood of applications from people who wanted to get their applications in before the new rules took effect. 1

2 4) What are skilled workers and why do we need them? Skilled workers are selected for their ability to contribute to our economy and establish themselves successfully in Canada. They are the most skilled and highly educated immigrants that Canada accepts. Research shows that the demand for qualified workers in Canada is growing. By 2012, immigration is projected to account for all net labour force growth in Canada. Two-thirds of the available jobs will require post-secondary education. Jobs that require a university-level education are the fastest growing types of jobs. Skilled workers do well in Canada. With their generic skill set, they are better able to weather downturns in the economy. They are also more successful in the labour market than other immigrants, catching up to their Canadian counterparts more quickly and earning the highest average incomes. 5) How does Canada s skilled worker selection system compare to that of other countries? Unlike the United Kingdom, Australia and New Zealand, Canada doesn t screen skilled worker applications by occupation. For example, just 10% to 15% of skilled workers admitted in Canada have a job arranged before arriving compared to over 80% of skilled immigrants going to New Zealand. The use of an occupational filter for skilled worker applications will help Canada select and quickly process the people who have the skills most needed in the labour market. Canada is competing with a number of countries for skilled immigrants. Unless we change our current system, we risk losing prospective immigrants to other parts of the world. For example, wait times for skilled workers can be as long as six years to come to Canada, compared to 6 to 12 months for Australia and New Zealand. New Zealand and Australia s success is partly a function of the control these countries maintain over the application process. Both countries have ways of limiting the number of applications that are processed. In New Zealand, applicants first submit an Expression of Interest, after which those who receive 140 points or more are immediately invited to apply. Those with 100 to 140 points go into a pool for six months, after which if they have not been processed their applications are returned. In Australia, applicants are assessed against a point system, where those with 120 points are accepted, and those with 100 to120 points are retained for two years, after which unprocessed applications are returned to the applicants. Unlike Australia and New Zealand, Canada, by law, must process every application it receives to a decision, regardless of how long it takes or whether the applicant s skills are in need. 6) Why are processing times so long? Canada remains a destination of choice. Processing all the applications the country receives, including conducting proper medical and security checks, does take time. 2

3 Temporary resident visa applications visitors, workers and students are processed upon receipt. Processing times may vary depending on medical, criminal and other screening requirements. Generally, temporary foreign workers are among those given priority since they have job offers and fill a specific labour market need that Canadian workers are unavailable to satisfy. Priority is also given to certain immigrant classes, and this can mean longer processing times for others. For example, our aim is to give priority to applications from sponsored spouses. Eighty percent of these cases are finalized within eight months. Immigrants selected under the Canada-Quebec Accord or provincial nominee agreements are given priority processing over other economic immigrants, such as federal skilled workers. In addition, our international commitments require that applications from people in need of protection be processed quickly. 7) Why doesn t the government simply increase resources for processing and accept more immigrants? In fact, the 2008 budget did include more resources for processing, but that alone will not solve the problem. Investing more money in processing without addressing the underlying structural problem with the current legislation will not allow us to tackle the backlog and make the system more flexible. We also need to ensure that we manage immigration in the country's interest. Like most countries, Canada manages the number of immigrants we accept every year. We do so to balance the number of immigrants we welcome with the opportunities and infrastructure available to help them successfully integrate and settle into Canadian communities and the work force. The legislative amendments, combined with the 2008 budget funding, are necessary to better manage applications, to be more responsive to the labour market, and to allow the Department to begin to reduce the backlog of applications. How the system will work 1) How will the backlog of old applications be drawn down over time? In addition to the Department s existing resources, the 2008 budget announced $109 million over five years to: Hire and train more visa officers to speed up processing in the parts of the world where wait times are the longest. As a start, some missions, such as those in Delhi and Manila, will receive additional resources to help improve wait times. Introduce, over time, administrative improvements such as centralized data entry. These improvements will not only ensure that the Minister s instructions are applied consistently and efficiently, but also free up resources overseas currently involved in managing the backlog to allow for the processing of more applications. We will also be recording occupational information for applications in the current skilled worker backlog. CIC can then refer applications of interest to the provinces and territories for processing under the Provincial Nominee Program. Finally, we will 3

4 ask those people who have been waiting the longest if they prefer to continue to wait or if they wish to withdraw their applications. All applications received prior to February 27, 2008, will be processed to a final decision on the merits of the application, according to the rules and regulations in place when they were submitted. 2) What happens to someone who has already applied to immigrate to Canada? How will the new amendments affect them? Those who applied before February 27, 2008 the day after the federal budget, of which these changes are a part, was announced will not be subject to the new proposed provisions in the legislation. These provisions, once passed, will apply to applications received on or after February 27, ) Does this mean I can no longer apply? No. Canada remains open to immigration, and anyone can apply to immigrate. The proposed legislative amendments give the Department the flexibility to be more selective to take candidates from certain categories of occupations quickly, hold off on some applications, and return others. That shouldn t deter good candidates from applying, unlike the current system which does deter many well-qualified skilled workers from applying because they have to wait so long. 4) What happens to someone who is planning to apply soon? What rules will apply to them? When will they know what they are? Once passed, the amendments will allow the Minister to give instructions on the processing of new applications received on or after February 27, 2008, at CIC offices around the world. The Minister s instructions will be issued as needed, and will be posted on CIC s website to keep new and prospective applicants informed. 5) What happens if people who have already applied want to withdraw their application? Can they get their money back? As is currently the case, these people can contact their local visa office and withdraw their application, and their fee will be returned. 6) The Minister has to give instructions on how new applications will be processed. How will these be made public? Instructions, when issued, will be published in the Canada Gazette. As well, CIC will report on these instructions in its annual report tabled in Parliament by November 1 of every year. The instructions will also be posted on the CIC website. 7) Does the approach go against the point system that was introduced in the late 1960s? No. If a skilled worker application is selected for processing under the instructions issued by the Minister, it will then be evaluated according to the point system in keeping with our current selection process. 8) Can you clarify whether applicants will be able to appeal a decision or an action on their application under the new system? 4

5 By law, every federal administrative decision, including the decisions of immigration officers, are subject to judicial review. This would not change. Family class applicants whose files are processed and refused would continue to have the right to seek an appeal before the Immigration Appeal Division of the Immigration and Refugee Board. All applicants whose files are processed and refused would still be able to challenge that decision before the Federal Court, which can determine whether there was an error of fact or law in assessing the application. Among other things, the court can refer the matter back to the Department for reconsideration. Applicants whose files are returned unprocessed would be able to ask the court to determine whether the instructions and the application of them were lawful. Impact of the changes 1) How long will it take to eliminate the backlog? The proposed amendments to the Immigration and Refugee Protection Act will prevent the backlog from growing further. It took several years for the backlog to build up, and it will take several years to draw it down. How long remains to be determined. It will depend on a number of factors, such as the number of applications that are withdrawn, the number that are processed through referrals to provinces and territories, and the number of immigrants we admit every year within the annual immigration levels plan, which this year calls for the entry of 240,000 to 265,000 new permanent residents. 2) What impact will the amendments have on refugees? None. The legislative amendments do not apply to protected persons, including refugees. 3) What effect does Bill C-50 have on failed refugee claimants applying for humanitarian and compassionate consideration? None. The new legislation would not affect people in Canada seeking humanitarian and compassionate consideration. This ensures that people who may already be established in Canada will receive due consideration of their circumstances. Because claims for refugee protection can only be made from within Canada or at a Canadian border, this means that failed refugee claimants would remain among those for whom such consideration would be available. 4) What about parents and grandparents and those who have applied for humanitarian and compassionate consideration? There are long wait times for them as well. Will you use the amendments to limit the number of new applications you process in this category? CIC maintains its commitment to family reunification and the amendments will not affect the objectives of that program. Parents and grandparents may apply for a 5

6 multiple entry temporary resident visa to visit their family in Canada while their application for permanent residence is being processed. Our annual levels plan will continue to establish clear targets for the number of immigrants we intend to welcome every year. For example, in 2008, Canada plans to accept between 240,000 and 265,000 new permanent residents, including approximately 70,000 in the family class. The amendments will also not affect those people already in Canada who are seeking humanitarian and compassionate consideration. 5) Could the bill stop the processing of humanitarian and compassionate requests from overseas? No. We will continue to review applications for humanitarian and compassionate consideration from abroad that involve family reunification. The intent of the bill is to ensure that people whose immigration applications are not processed as a result of a ministerial instruction do not then use the avenue of humanitarian and compassionate consideration to get around the instruction. The majority of requests for humanitarian and compassionate consideration are made from within Canada and are therefore not affected by the new provisions. 6) Isn't this closing the door to immigration? Not at all. Canada remains open to immigration, and anyone can apply to immigrate. We have received additional money for processing so that we can meet the growing demand for temporary foreign workers while ensuring that we meet our targets for permanent residents. There are flexibilities that allow Canada to be more selective to take certain candidates quickly, hold off on some applications, and return others. This shouldn t deter good candidates from applying. In fact, the current system deters many wellqualified skilled workers from applying because they have to wait so long. The end result of the changes will be reduced wait times and improved service. Immigration is important in meeting Canada s labour market needs. In the past couple of years, Canada accepted a record number of permanent and temporary residents. 7) Could the amendments be used to discriminate against applicants from certain countries? No. The amendments, combined with the 2008 budget funding, will allow us to select immigrants according to labour market needs and to reduce the backlog of applications. Ministerial instructions, as well as the decisions or actions of visa officers, must be consistent with the overall objectives of the Immigration and Refugee Protection Act and must also comply with the Canadian Charter of Rights and Freedoms. The overall objectives of the Immigration and Refugee Protection Act are to support Canada s economy and competitiveness, reunite families and provide protection to those who need it. The Charter protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability. 6

7 8) Could the amendments be used to set quotas for applicants from different countries? No. Establishing quotas on the basis of nationality (or country of origin) would violate the Canadian Charter of Rights and Freedoms. The Government of Canada already sets a planning range for the anticipated number of immigrants who will be admitted to Canada as permanent residents. Each year, the CIC annual report to Parliament on immigration makes these planning ranges public. The amendments, however, will provide the Department with the flexibility to select among the new applications those that best meet Canada s labour market needs. The Department will use this flexibility in an open and transparent manner, based on instructions from the Minister. The instructions will be published in the Canada Gazette, reported in the Department s annual report to Parliament and posted on the CIC website. These instructions must comply with the Canadian Charter of Rights and Freedoms, which protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability. Minister s authority 1) I have read in media reports that the Minister will have the power to deny admission to someone who has been approved by an officer. Is this true? No. The bill would give the Minister the authority to issue instructions to officers on the categories and the number of applications to process. However, it would not give the Minister the authority to reject an application that has been processed and accepted. As is currently the case, the decisions on individual applications would be made by CIC immigration officers. The Minister cannot reverse these decisions. The instructions provided by the Minister will be open and transparent. They will be published in the Canada Gazette, reported in the Department s annual report to Parliament and posted on the CIC website. The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act, which are to support Canada s economy and competitiveness, reunite families and provide protection to those who need it. They would also be consistent with the Canadian Charter of Rights and Freedoms, which protects against discrimination on such bases as race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability. 2) Doesn't this give the Minister too much discretion? No. The Minister s instructions will be based on input from provinces, territories and stakeholders, and would apply to categories of occupations that match our labour market needs. The Department will use this flexibility in a fair, open and transparent manner, based on instructions provided by the Minister. The instructions will be published in the Canada Gazette, reported in the Department s annual report to Parliament and posted on the CIC website. The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act, which are to support Canada s economy and competitiveness, reunite families and provide protection to those who need it. The Government of Canada, through the CIC annual report, will also continue to set our immigration plan for the following year, and the number of economic, refugee 7

8 and family class immigrants we expect to welcome. The amendments will not affect that. As is currently the case, the decisions on individual applications would continue to be made by CIC immigration officers. The Minister cannot reverse these decisions. 3) Some people have suggested that the new law would enable the Minister to discriminate on the basis of race, religion or ethnicity. Would the new law allow this kind of discrimination against immigrants? No. Every single action taken by the Government of Canada, including immigration, is guided by the Canadian Charter of Rights and Freedoms, which protects against discrimination. In fact, Section 3 of the Immigration and Refugee Protection Act specifies that every single decision by Citizenship and Immigration Canada must comply with the Charter s clauses, which prohibit discrimination. 4) Would the new legislation give the Minister undue discretionary power to reject applications from refugees, or family members of Canadian citizens and permanent residents? No. The changes would give Canada the flexibility to choose the skilled workers that best fit our needs. The amendments would not affect our goals for family reunification and refugee protection. The new legislation would make our immigration system more responsive to economic priorities while upholding our commitment to family reunification and our proud humanitarian tradition. Our annual levels plan will continue to establish clear target ranges for the number of immigrants we intend to accept in each class. The amendments will not affect that. As is currently the case, the decisions on individual applications would be made by CIC immigration officers. The Minister cannot reverse these decisions. 5) Would the amendments give the Minister the power to discard applications that are already in the system? No. The amendments, once passed, will apply to applications received on or after February 27, 2008, the day after the federal budget, of which these changes are a part, was announced. Those who applied before February 27, 2008, will be dealt with under the existing rules. 6) Could the Minister unilaterally make decisions on applications or overturn decisions of immigration officers? No. The new legislation would allow the Minister to issue instructions regarding how some application categories will be processed by immigration officers. For example, the Minister could instruct immigration officers to select from the new applications those candidates that best meet Canada s labour market needs. This means that people who meet those needs can be brought to Canada more quickly. The instructions would be made public and reflect existing commitments to provinces and territories. 8

9 Immigration officers will continue to make decisions about individual applications in compliance with the Canadian Charter of Rights and Freedoms, the Immigration and Refugee Protection Act and the principles of fairness. The Minister cannot reverse these decisions. 7) Does this legislation allow the Minister to override existing selection criteria and make decisions without any transparency or accountability? Absolutely not. The selection criteria remain paramount. The proposed legislative amendments give the Department the flexibility to be more selective about which categories of applications are processed and in what order. These decisions on processing will be based on instructions issued by the Minister, which could include meeting Canada s skill needs and labour market priorities. The instructions would be made public and would reflect commitments to the provinces and territories. To be completely open and transparent, they will be published in the Canada Gazette, reported in the Department s annual report to Parliament and posted on the CIC website. The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act, which are to support Canada s economy and competitiveness, reunite families and provide protection to those who need it. They must also be consistent with the Canadian Charter of Rights and Freedoms and the principles of fairness. 8) Will the amendments give the Minister the power to put a cap or a limit on the number of people who can apply? No. Canada remains open to immigration, and anyone can apply to immigrate. The proposed legislative amendments give the Department the flexibility to be more selective about which categories of applications are processed and in what order, and reduce wait times. Overall, these changes will make our immigration system more flexible and transparent to potential applicants. 9

10 You asked us We asked you to submit new questions about the proposed changes to the Immigration and Refugee Protection Act. Following are answers to the most common questions we received. 1) Will those who applied on or after February 27, 2008, be processed before applications in the backlog? The objective is to create a system more attuned and responsive to economic opportunities in Canada, while also being fair to those in the backlog. The intent is to draw from both groups. Whether and when an application is processed will depend on the nature of the Minister s instructions for certain applications submitted on or after February 27, All applications submitted before February 27, 2008, will be processed to a final decision. 2) Isn t it unfair to process new applications first? All applications submitted before February 27, 2008, will be processed to a final decision. Instructions for applications received on or after February 27 will be guided by the principle of fairness, and will balance Canada s present economic opportunities against reducing the backlog of applications. 3) How will this affect processing times for applications received before February 27, 2008? Will new applications be processed faster? The objective is to create a system in which new applications can be dealt with in six to twelve months, not six years. All those who applied before February 27, 2008, would be processed to a final decision. But it will take some time to process them all. Given the size of the backlog, it cannot be reduced overnight. How long it will take will depend on a number of factors, such as the number of applications that are withdrawn, the number that are processed through referrals to provinces and territories, and the number of immigrants we admit every year within the annual immigration levels plan. The proposed amendments to the Immigration and Refugee Protection Act will stop the backlog from getting any bigger. And with additional resources from the 2008 budget, the Department will introduce measures to help reduce it. For example, with an additional $109 million over five years, Citizenship and Immigration Canada will hire and train more visa officers to speed up processing in parts of the world where wait times are the longest. In addition, the Department will introduce administrative improvements to free up resources in missions abroad for processing. We will also be recording occupational information for applications in the current skilled worker backlog, so that CIC can refer applications of interest to the provinces and territories for processing under the Provincial Nominee Program. Taken together, 10

11 these measures will ensure that applications in the backlog are processed as quickly as possible. 4) Why are some applications processed the same day while others take years? Canada remains a destination of choice. Processing all the applications the country receives, including conducting proper medical and security checks, does take time. Temporary resident visa applications visitors, workers and students are processed upon receipt. Processing times may vary depending on medical, criminal and other screening requirements. Generally, temporary foreign workers are among those given priority since they have job offers and fill a specific labour market need that Canadian workers are unavailable to satisfy. Priority is also given to certain immigrant classes, and this can mean longer processing times for others. For example, our aim is to give priority to applications for sponsored spouses. Eighty percent of these cases are finalized within eight months. Immigrants selected under the Canada-Quebec Accord or provincial nominee agreements are given priority processing over other economic immigrants, such as federal skilled workers. In addition, our humanitarian traditions require that applications from people in need of protection be processed quickly. For more on processing times, click here. 5) Will the changes affect application fees? The changes will not affect the current application fees. 6) Will my fees be returned if my application is returned or refused? All applications submitted before February 27, 2008, will be processed to a final decision. Therefore, applicants will not be entitled to a refund unless they choose to withdraw their application prior to processing. Applications received on or after February 27, 2008, that are not processed will be returned with a full refund. Fees will not be returned when an application received on or after February 27, 2008, is processed to a final decision, whether a visa is issued or refused. 7) Will I be notified if my application has been returned or refused? As is currently the case, applicants will be notified of the final decision on their application. Applications that are not processed will be returned to the applicant with their fee. 8) When will the list of priority categories be posted? Will applications for people under these categories be fast-tracked? Before the Minister s instructions on processing applications can be issued, the new legislation must be passed by Parliament. The Department must also take the necessary time to consult with provinces and other stakeholders. The Minister s instructions will then be issued as needed, and will be posted on CIC s website and published in the Canada Gazette to keep new and prospective applicants informed. 11

12 Once the instructions are issued, visa officers will process the applicable categories of applications on a priority basis. 9) Can I apply if I do not fall under the list of priority categories? Yes. Canada remains open to immigration, and anyone can apply to immigrate. While applicants should be guided by instructions once issued, that shouldn t deter good candidates from applying, unlike the current system which does deter many wellqualified skilled workers from applying because they have to wait so long. 10) Will the new legislation redefine work experience currently defined under the National Occupational Classification list? No. The National Occupational Classification list will not change as a result of the new legislation. For more information on the National Occupational Classification list, click here. 11) Will these amendments affect other categories, such as parents and grandparents, live-in caregivers, family class and federal investors? The amendments would not affect our goals for family reunification and refugee protection. Our annual levels plan would continue to establish clear targets for the number of immigrants we intend to welcome every year. For example, in 2008, Canada plans to accept between 240,000 and 265,000 new permanent residents, including approximately 70,000 in the family class, some 30,000 protected persons, and at least 20,000 provincial nominees to help provinces meet the demand for workers, many of whom are lower-skilled. 12) Do these amendments give the Minister of Citizenship and Immigration too much power? No. The bill would give the Minister the authority to issue instructions to officers on the categories and the number of applications to process. As is currently the case, the decisions on individual applications would be made by CIC immigration officers. The Minister cannot reverse these decisions. 13) What principles will guide the Minister s instructions? Ministerial instructions on prioritizing and processing immigration applications received on or after February 27, 2008, will: Identify priority occupations based on input from provinces and territories, the Bank of Canada, Human Resources and Social Development Canada, employers and organized labour. Ensure fairness by making decisions on cases faster while meeting immediate labour market needs. Respect the goals of the Immigration and Refugee Protection Act, which are to support Canada s economy and competitiveness, support family reunification and uphold Canada s humanitarian commitments. Comply with the Canadian Charter of Rights and Freedoms, which prevents discrimination based on factors such as race, country of origin and religion. 12

13 Respect commitments to provinces and territories regarding the Provincial Nominee Program and the Canada-Quebec Accord. Complement commitments made in Advantage Canada, the Government of Canada s economic plan, to align the immigration system with labour market needs. Be published in the Canada Gazette and Citizenship and Immigration Canada s annual report, which is tabled in Parliament. All instructions issued by the Minister to immigration officers must adhere to these principles. For more information on the principles guiding the instructions, please click here. 13