Refugees No Longer Covered For Eyeglasses, Dental Care

James Metcalfe

by James Metcalfe - Pace Law Firm: Jason Kenney is at it again. Each week seems to bring a notice of change in Canadian immigration policy and procedure. Some of these changes grab public attention, while others go unnoticed. Some of the changes are good, some are not.

This past week, Mr. Kenney announced that refugee claimants in Canada who are not eligible for provincial health insurance - but are covered by what is called Interim Federal Health Insurance - will no longer be covered for eye glasses, dental care, and drugs. Since most Canadians do not enjoy this level of service, common sense has prevailed and refugee claimants no longer automatically have benefits for which Canadians themselves have to pay.

One wonders if the bureaucrats who have been managing this program for the past ten years were aware of this disparity.  Perhaps being public servants and automatically receiving generous extended health benefits had blinded them to a glaring fact: many people in Canada are only covered by basic provincial health plans. Eye glasses? Forget it. Dental coverage? No. Prescription drugs? Nada.

Sometimes it seems that public policy is developed and written in the vacuum of the nation's capital, with little or no regard to the reality faced by most Canadians. This time, I think Ottawa got it right.

Canadian Immigration Goes Back to the Future

James Metcalfe

by James Metcalfe - Pace Law Firm: The Canadian Minister of Immigration, Jason Kenney, has indicated that more must be done to allow  “professionals” to be integrated into the labor force. He says this can be done by making the process of accreditation more transparent.

At present, applicants are only required to prove that they have performed the duties and responsibilities of the occupation in which they work. These criteria are found in the National Occupational Classification (NOC).

Prior to 2002, and the introduction of the Immigration and Refugee Protection Act (IRPA), skilled worker applicants had to demonstrate that they also met the Entry Requirement to the occupation found in the NOC. For example, if you were a professional engineer and wished to apply for Permanent residence in Canada, you had to have your qualifications assessed by the Canadian Council of Professional Engineers (CCPE). While the CCPE was itself not a licensing body, it gave opinions as to the acceptability of engineering degrees from around the world. Without a positive assessment by the CCPE, an application by an engineer was doomed.

Why this system was abandoned is lost in the fog of Canadian immigration history.  Now, however, it appears that we are going back to the future and will have a form of national assessment for most of the regulated professions.

It is ironic that as late as last year's Ministerial Instructions, Physicians and Surgeons were included in the selection of skilled workers.  Why, you may ask, since most - if not all - of the 500 included in the group may not practice medicine in Canada without going through a rigorous accreditation process?

Good question.

Immigration Rule Changes Have Consequences

Karen Kwan Anderson

Karen Kwan Anderson - Pace Law Firm: There has been a lot of talk in the press about the changes to the Immigration and Refugee Protection Act.

Let's look at the facts. How do the changes affect those who want to emigrate to Canada?

On March 30, 2012, the Minister of Citizenship and Immigration Canada announced that applicants who applied before February 27, 2008 under the Federal Skilled Worker program would no longer be considered.  I think this is unfair.  Applicants have essentially put their lives on hold while waiting for the Canadian government to process their applications.  Will there be a constitutional challenge to this change?  Perhaps a group of immigration lawyers will bring a class action suit against the Minister on the doctrine of legitimate expectations or detrimental reliance?

Another tightening of the rules is the overhaul of the refugee determination system – the theory behind the June 29, 2012 implementation of changes is that there will be quicker determination of refugee claims, meaning people will be rejected faster and removed to their home countries if they don’t meet the criteria, rather than wait 2 years for a refugee hearing.

The changes which have happened in a relatively short amount of time definitely have an impact on all consumers of the immigration system.

As of March 2, 2012, a sponsored spouse can no longer sponsor a new spouse within 5 years of becoming a permanent resident.  This rule is intended to combat marriage fraud.  I’ve dealt with and am dealing with cases in which clients are accused of entering into Marriages of Convenience to gain status in Canada.  Permanent residents of Canada who are accused of marriage fraud have the right to due process – and often retain counsel to guide them through two hearings, one of which is a deportation appeal hearing.  If there are merits to challenging a negative appeal decision, we seek leave from the Federal Court for judicial review of the decision.

The next influx of cases – and I have seen this happening already - are those in which permanent residents are accused of fraud in applying to renew their PR card and/or applying for Canadian citizenship.  The changes to the immigration regime clearly show that there is no tolerance for fraud in any part of the immigration process. Interestingly, there is more work for the Canada Border Services Agency (CBSA), which is the enforcement and removal arm of Citizenship and Immigration Canada.

In sum, the changes which have happened in a relatively short amount of time definitely have an impact on all consumers of the immigration system.

Canada Immigration Eliminating Application Backlog

James Metcalfe

by James Metcalfe - Pace Law Firm: The recent Federal budget included a line item for the repayment of processing fees made by Skilled Worker applicants who applied for permanent residence in Canada prior to February 2008. Subsequently, the Minister for Citizenship and Immigration announced that he will be moving amendments to the Immigration and Refugee Protection Act. These amendments will allow him to unilaterally cancel all applications affected, and refund all processing fees paid.

Why has this been done? Successive ministers and departmental staff have been asleep at the switch and did not take any action to stop the growth of a backlog of applications in process. You have to trace the problem back to June, 2002, when the new immigration act and selection criteria were introduced.

At the time, any skilled worker who could accumulate 75 points on the selection grid could qualify for permanent residence in Canada in the Federal Skilled Worker program. In actuality, the past mark was probably a little higher than what was required and not a lot of people were applying for permanent residence Canada.

Rather than taking the pre-2008 macroeconomic approach to immigration, the Minister decided to micromanage the movement to Canada.

In 2004, under the  leadership of the Liberal Minister of Citizenship and Immigration, the past mark was lowered to 67 points. Unfortunately, this opened the floodgates for applicants. Almost anybody between the ages of 19 and 49, who possessed a postsecondary degree or diploma, 4 years of work experience in a skilled occupation, and who could pass an English or French language test at a high level, could qualify. 

In 2008, the Minister realized there was a problem and introduced new selection criteria and a much shorter list of occupations under what are called Ministerial Instructions. This placed a cap on the number of occupations and the number of persons who could qualify. Rather than taking the pre-2008 macro economic approach to immigration, the Minister decided to micromanage the movement to Canada.

While the Minister has stated his intentions to “cancel” all the old applications in the queue, he is not yet in a position to do so legally. The changes he proposes will require a change in the immigration legislation and will have to be passed by Parliament.  When this will take place is not clear, but it will likely happen before Parliament rises for the summer recess. The government has a solid majority and the bill should pass quickly and be given assent by July1st, Canada Day.

There are already rumblings of lawsuits. However, none have been filed to our knowledge. I believe the changes will inevitably go into effect, and a significant number of people will have their dreams and desires frustrated.

New Skilled Worker Plans: Been There, Done That?

Marwa Badra

Marwa Badra - Pace Law Firm: Late last week, I was hit with a serious case of déjà vu.

Immigration Minister Jason Kenney announced plans to have a pre-arrival assessment of foreigners' credentials before they arrive in Canada. Said Kenney: "The overall goal here is to better select and better support potential immigrants before they come to Canada, so they can hit the ground running once they arrive by integrating quickly into our labour market."

Interesting. I recall filling in assessment forms for engineers up until 2002, when IRPA came in effect, as it was a documentary requirement for applicants with experience in a regulated profession. What goes around comes around, I suppose.

Although I do agree with Mr. Kenney that such a process may give newcomers a sense of how their credential stack up, it will not assist them in entering the labour market. Applicants will still have to undergo the necessary exams and licensing requirements in order to be able to practice a regulated profession in Canada. This hardly means that they will "hit the ground running" once in Canada.

I strongly agree with NDP immigration critic Mr. Don Davies. He put put in a motion urging the federal government to enter into "nation-to-nation treaty discussions,'' to mutually recognize certain credentials, such as those from certain universities.

It appears that the purpose of a pre-arrival assessments is to screen skilled workers and limit the number of applicants. Okay. But let me ask this: if it did not work then, why will it work now?

Immigrating to Canada: Temporary Work Permits

Andy Semotiuk

Immigration lawyer Andy Semotiuk - Pace Law Firm: While the economy crawls to a halt in Europe, many workers from countries like Ireland and Greece are finding their way into Canada. The Western provinces of Alberta and Saskatchewan are leading the way in bringing these skilled workers here.

Europe's loss is Canada's gain in the sense that it takes years to train such skilled workers and they are hard to find in North America. There are a wide variety of ways these workers come here, and temporary work permits are one of them. It is worth highlighting this section from Citizenship and Immigration Canada's website:

People in the following categories need a work permit but do not need a labour market opinion from Human Resources and Skills Development Canada (HRSDC).

-Workers covered under international agreements
-Professionals, traders, investors and business people coming to Canada to work under certain international agreements.
-Workers, their spouses/common-law partners or their dependants who are eligible for a work permit through an active pilot project
-Through agreements between the Government of Canada and provincial/territorial governments, some workers, as well as their spouses, common-law partners and dependents, may be eligible for a work permit through an active pilot project. These temporary initiatives are designed to attract particular workers that the province or territory needs. Find out if you are eligible to come to Canada through a pilot project.
-Workers nominated by a province for permanent residence
A person who has been nominated by a province for permanent residence and has a job offer from an employer based in that province.
-Entrepreneurs and intra-company transferees
-Some types of entrepreneurs, workers transferring within a company, and other types of workers who will provide significant benefit to Canadians or permanent residents by working in Canada.
-Participants in exchange programs
-People whose employment in Canada will provide similar employment to Canadians abroad, such as participants in youth exchange programs, teacher exchange programs or other reciprocal programs.
-Co-op students
-Foreign students who are studying in Canada and who need to do co-op work placements as part of their program of study.
-Spouses and common-law partners of certain foreign students who are studying full-time. This exemption applies to spouses who are not themselves enrolled in full-time studies.
Spouses and common-law partners of certain skilled foreign workers.
-Certain academics and students.
-Religious workers
-People doing charitable or religious work.
-Certain people who need to support themselves while they are in Canada for other reasons such as the refugee determination process.

As you can see, there are a wide variety of ways to come to Canada. The above does not include the traditional way of having an employer sponsor you and obtaining a Labour Market Opinion and then a work permit.

Skilled workers from Ireland, Greece and other countries would be wise to do some research about coming to Canada in this regard, and drop us a line if they see an opportunity for themselves in the Canadian marketplace.

Investor Immigration in Canada: Possible Rule Changes

Marwa Badra

by Marwa Badra - Pace Law Firm: In a recent interview with Postmedia News, Immigration Minister Jason Kenney expressed his discontent with the current Federal investor program. I almost choked on my coffee when I read the headline: Canada looking to up ante in immigration visa-for-cash program.

Kenney: “[T]he $800,000 minimum investment required under the current system is simply too low and that it's time to consider making it a permanent contribution to the Canadian economy rather than just a loan."

I instantly thought, Please. Not another moratorium.

It seems to me that “moratorium” has become the answer for every immigration hurdle over the last 12 months. We have seen many programs put to an end, or close to it. No more entrepreneurs, no more parents’ sponsorships, and a cap on federal skilled workers.

I held my breath as I went on reading the article. I do agree with Mr. Kenney that Canada can certainly do better and get more bang for the buck, but we must keep our program enticing to investor immigrants. Let us not ignore the fact that we DO need immigrants - especially wealthy immigrants who can help create jobs in Canada.

For a look at how a major price hike might affect the Federal investor program, try Ontario. Many provinces offer fast track applications for investors and entrepreneurs, but Ontario remains out of the game, offering what I call a “go away” price. The Ontario PNP program requires an investment of $3 million in an active business. Unfortunately, the program had not been a success, with only a handful of applicants over the past 2 years. I am afraid a similar program on a national scale will provide the same result.

I do believe that the government ought to take a bigger role in the anticipated new federal investor program. They should have government-approved projects for foreign investors to choose from. If we expect investors who have little knowledge of the country to contribute millions to our economy, the least we can do is guide them through the process and make it as attractive - i.e. safe - as possible.

Simply charging big bucks to try and make some fast cash isn't fair or, as Ontario has shown, effective.