Canadian Permanent Resident Card

Canada's Minister of Immigration has announced changes to the process of applying for renewal of a permanent resident card. Effective April 21 2008, Canadian permanent resident seeking renewal will be able to retain their existing card if it is still valid, and may return it to Citizenship and Immigration Canada when collecting the new card. If the card is already expired, then the card should be returned with the application for renewal.

To be eligible for a PR Card, an individual must be a permanent resident of Canada and be physically present in Canada. A permanent resident who is under an effective removal order may not be found eligible for the card. Permanent residents who are outside Canada and do not have a valid PR Card must apply for a travel document from a Canadian visa office in order to return to Canada.

Minister of Immigration Updates Post-Graduation Work Permit Program

On April 21st, Canada's Minister of Immigration announced changes to the program which allows certain foreign students to work in Canada following their graduation. The program, which is effective immediately, changes the maximum duration of such work permits from two years to three. It also removes the requirement of a job offer consistent with the field of study by allowing for issuance of open work permits.

Program requirements for international students as follows:

• Must have studied full-time for at least eight months preceding the completion of their program of studies and have graduated from:
• a public post-secondary institution, such as a college, university or CEGEP (in Quebec); or
• a private post-secondary institution that operates under the same rules and regulations as public institutions, and that receives at least 50 percent of its financing for its overall operations from government grants (currently, only private college-level educational institutions in Quebec qualify); or
• a Canadian private institution authorized by provincial or territorial statute to confer degrees.
• Must apply for a work permit within 90 days of receiving written confirmation (for example, a transcript or an official letter) from the institution that they have met the requirements of the academic program (notice of graduation).
• Must have completed and passed the program of study and received a notification that they are eligible to obtain their degree, diploma or certificate.
• Must have a valid study permit when they apply for the work permit.

The following foreign students are not eligible for the program:

• Students participating in a Canadian Commonwealth Scholarship Program or a Government of Canada Awards Program funded by the Department of Foreign Affairs and International Trade.
• Students receiving funding from the Canadian International Development Agency and participating in a distance learning program.
• Students who have previously been issued a post-graduation work permit after any other program of study. However, note that graduates who are already working with a work permit issued under the previous rules are eligible to apply for an extension.

Canadian Government Debates Immigration and Citizenship Changes

Canada's Conservative government and the Minister of Immigration have faced considerable criticism of late in the light of changes currently proposed to the Citizenship Act and the Immigration and Refugee Protection Act (IRPA).

Proposed changes to the Citizenship Act, to be implemented in the spring of 2009 if approved would change the process by which those born outside Canada to Canadian parents could become eligible for citizenship. Whereas at present such individuals are required to declare or affirm their citizenship by the age of 28, Bill C-37 removes this requirement. At the same time, it removes the possibility of these individuals' children gaining citizenship if born outside Canada.

Meanwhile, the ongoing debate of the proposed amendments to the IRPA continues. The changes, intended to help expedite the processing of eligible applicants, also carries bad news for some whose cases could be closed without processing. A recent vote on the Bill defeated an amendment that would have killed the proposition. Although Canada's Liberal party continues to adamantly oppose the amendments, a decision to bring down the minority government may be needed to shut down the proposition.

Canadian Bar Association Concerned about Immigration Law Amendments

The chair of the immigration section of the Canadian Bar Association has stated concerns that the organization has over the proposed changes to the Immigration and Refugee Protection Act. The main concern over the changes is that it permits the Minister to unilaterally implement criteria that can affect the processing of cases already submitted. This can include expediting a case or closing it without processing.

The changes are intended to reduce the backlogs which have only extended since the present government took power, despite promises to do the opposite. While the opponents claims that the changes are undemocratic, the Minister of Immigration maintains that urgent action is required to expedite the admission of skilled workers to Canada and to reunite families.