Some Recent Changes to Canada’s

Immigration System

Bill C-31Protecting Canada's Immigration System ActAn Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act

Bill C-31- Safe CountriesGives the Minister of Citizenship and

Immigration sole discretion to designate certain countries of origin as ‘safe’ – eliminates advisory committee which would have included human rights experts

Shorter time frames for claimants from ‘safe’ countries (30 days to prove their claim as opposed to 60 for other claimants)

Claimants from ‘safe’ countries have no right to appeal a negative decision

Would likely include countries in EU such as Hungary and the Czech Republic because of claims made by the Roma population

Bill C-31 – Irregular Arrivals

Allows the Minister of Public Safety to designate refugees arriving in a group as ‘irregular arrivals’

‘Irregular arrivals’ automatically held in detention without review for 2 weeks (2nd review at 6 mos)

Children under 16 would choose between detention with their family or state care

If successful, cannot sponsor family members, must report regularly to immigration officials, and are not allowed to travel outside of Canada for 5 years

Designation retroactive to 31 March 2009

Bill C-38House Government Bill

An Act to implement certain provisions of the budget tabled in parliament on March 29, 2012 (and other measures)

Bill C-38 - Skilled Workers ProgramEliminate all skilled worker applications

submitted before February 2008 (approximately 280,000 applications)

Return application fees to applicants (without interest and not including any related expenses)

Freeze all new applications for up to 1 year unless applicant has permanent full-time HRSDC approved job offer or is a current/recently graduated PhD student from a Canadian university

Investors Program also frozen

Skilled Workers Program – Proposed ChangesRebalance points to emphasize language

abilities, Canadian work experience, and age.Require minimum language abilities to qualifyRequire credential assessment for applicationPermanent job offers subject to LMOCreate Skilled Trades Class with 4 criteria: offer

of employment in Canada or provincial skilled trades certificate of qualification; demonstrated language proficiency; work experience; NOC employment requirements are met

Change Canadian Experience Class; reduce required amount of Canadian work experience

Bill C-38 – Interim Federal Health ProgramInstead of one program, create 3 levels of health

care for refugee claimants based on type of claim:

Government assisted refugees have health care providers, hospitals, ambulances, lab and diagnostic work (limited medications) and supplemental benefits including vision, dental, home care and counselling

Claimants from non DCOs and accepted refugees have access to health care but no supplemental benefits

Claimants from DCOs and rejected claimants have no access to health care unless needed to protect public health and safety

Other Sundry ChangesChanges to Parent and Grandparent Sponsorship, Spousal Sponsorship, Application Processing, Citizenship Certificates, Permanent Resident Cards and Language Testing Requirements

Changes to Parent and Grandparent Sponsorship ProgramFreeze all new applications for 2 years starting

November 2011 In future, consider limiting sponsorship (to citizens

and/or in special cases and/or to parents (not their dependents) and/or those who pass the Balance of Family test

Introduce 10 year multiple-entry visa with 2 year stay if visitor has $100,000 medical coverage

In future, consider changing financial responsibility commitment from 10 years to lifetime and/or institute $40,000 application fee

In future, consider increasing minimum income required to sponsor family members (currently $42,000 over previous 12 month period - family of 4)

And Finally …Sponsored Spouses must wait 5 years before

sponsoring new spouse. In future, may have to live with sponsor for at least 2 years after arrival or could lose status, be deported and/or face charges

People applying for citizenship must now provide strict proof of language proficiency: language tests, secondary or post-secondary education or LINC scores

CIC Call Centre now hangs up on clients if no lines are available (after navigating through menu); hard to get through

Most CIC applications will be done onlinePR Cards no longer have to be picked up in person