Immigration Amendment Opposed

Canadian Members of Parliament are being urged by Canadians and by other politicians to vote against to proposed amendments to the Immigration and Refugee Protection Act. The main concern is that the Conservative party is seeking to much power to close applications that are deemed inconsistent with present labour market requirements. The amendments propose to allow the Immigration Minister to cap the number of applicants in the immigration backlogs and would be able to refuse an application which had already been approved. The Immigration Minister could also make decisions about immigration policy that, under the current system, require regulatory changes.

One Member of Parliament, Olivia Chow, has promised to introduce an amendment to have the immigration proposals removed from the proposed bill. Other groups presently mounting opposition to the amendments include the Chinese Canadian National Council and the Ontario Council of Agencies Serving Immigrants.

Amendments to Canada's Immigration Act

The Government of Canada has introduced new legislation that is intended to reduce immigration backlogs, especially in the Skilled Worker program. "The legislation is intended to provide greater flexibility in addressing a range of labour market needs. It will not apply to refugees and does not affect our objectives related to family reunification."

If passed, the new measures will apply to any application received on or following February 27th 2008. Cases which had been received prior to such date will be handled on the existing legislation at that time.

The major change proposed in these amendments is that the immigration department will not necessarily process applications on a first-come first-serve basis. Cases which best match the current needs of the Canadian labour market, as defined by the Minister, may be entitled to expedited processing. The Minister's instructions which govern the priority awarded to certain cases would be published officially. These provisions would not apply to refugee or family class cases.

Canadian Immigration Numbers Released

Canada's immigration department is set to release figures that state that a total of 251,000 permanent residents were admitted last year. Combined with approximately 178,000 temporary foreign workers, the department is claiming that the 2007 figures are the highest total since 1911.

Canadian Government Increases Immigrant Services Funding

The Minister of Citizenship and Immigration has announced funding for the Immigrant Settlement Services program in Ontario. The program is dedicated to the development and implementation of programs that support new immigrants in Ontario. Services include employment related assistance, , orientation, interpretation, referrals to community services and general information for new Canadians.

Through the Canada-Ontario Immigration Agreement, a total of $920 million in funding is being allocated to increase settlement assistance in Ontario over a five year period. The Minister, who expects that all national business growth by 2012 will rely on skilled immigrants, feels that the money is well spent.

Criminal Inadmissibility and Rehabilitation

Increased sharing of criminal databases has recently led to reports of more common refusals for visitor and other temporary resident visas to Canada. Those with sometimes long forgotten indiscretions, such as DUI convictions which may have been treated as misdemeanors in the USA, are being reminded of the impact that his can have under Canada's immigration Regulations.

Those faced with inadmissibility to Canada due to reasons of criminality have a number of options that can permit entrance to Canada. These include a Criminal Rehabilitation application, a Temporary Resident Permit, and Deemed Rehabilitation.

Criminal Rehabilitation

A Criminal Rehabilitation application can only be initiated a minimum of five years following the completion of the sentence for a given crime. The application comprises the provision of suitable documentation to document that the individual is rehabilitated and is therefore not likely to re-offend. These applications often require extensive documentation of the offence, reference letters, and application forms. The process of a criminal rehabilitation application is typically approximately 12 months, but can be longer depending on visa office backlogs.

Temporary Resident Permit

A Temporary Resident Permit (TRP) is an immigration document which grants someone temporary admission to Canada who is otherwise considered inadmissible. It is not a permanent removal of inadmissibility, but typically refers to a single admittance for a fixed period of time if the conditions warrant it.

At a port of entry, it is possible to process a Temporary Resident Permit on the spot. In these cases, there is no formal application process, but rather the TRP is considered in the context of the existing application for temporary admission (e.g., visitor, work permit, or study permit). If an immigration official is satisfied that there is a low risk of re-offending while in Canada and that there is a sufficient need for the person's admission to Canada.

An immigration official at a port of entry may refer the case to a visa office if not satisfied. Visa offices will often use the same application form and materials requested for a Criminal Rehabilitation application to decide the case, and it may take between two and twelve months to process depending on the visa office and the case.

Deemed Rehabilitation

Depending on the severity of the offence, and if there are no subsequent offences, individuals may be considered to be deemed rehabilitated after a number of years. This may range from 5 years for less severe offences to 10 years for those that are more serious. If deemed rehabilitated, it would not be necessary to apply for the other measures described.