NEW CHANGES TO IMMIGRATION REGULATIONS REDUCING PASSMARK FROM (75) TO (67)

MINISTER ADJUSTS SKILLED WORKER PASSMARK AND PROPOSES CHANGES FOR ECONOMIC CLASS IMMIGRATION APPLICANTS AFFECTED BY IRPA TRANSITIONAL RULES

OTTAWA, September 18, 2003 -- The Honorable Denis Coderre, Minister of Citizenship and Immigration Canada, today announced an important decision and recommendation pertaining to the Immigration and Refugee Protection Act (IRPA). The Minister announced an adjustment to the pass mark for federal skilled worker applicants. Also, today he proposed new measures for assessing certain economic class applicants who applied under the former Immigration Act but were affected by transitional measures following implementation of IRPA on June 28, 2002.

The Minister's move to adjust the pass mark is a response to Canada's need for skilled workers. Effective immediately, all new skilled worker applicants and those currently in the system who have not yet received a selection decision, will be assessed with a pass mark of 67. (Since the implementation of IRPA and until today, the pass mark was 75.)

"An important objective of IRPA was to create a system that is flexible," said the Minister. "Today's changes to IRPA reflect this flexibility and our ongoing commitment to listen to the views of all stakeholders. We are responding to current circumstances in a way that continues to encourage skilled immigration within the confines of existing resources and a balanced plan."

Additionally, the Minister is proposing to amend the IRP transition regulations to allow for all skilled worker and business immigration applicants who applied before January 01, 2002 to be assessed under the selection criteria of the former Immigration Act. Applicants who do not qualify under the former Act would then be assessed under the current IRPA.

"The government's clear intention has always been to treat applicants fairly," explained the Minister. "That is why we introduced and then extended transition measures. The court has suggested that more is required of the government. I have listened to that message. That is why I am proposing these changes today."

The Minister plans to consult his Cabinet colleagues on the proposed regulatory amendments at the first available opportunity. The new pass mark takes effect immediately.

Backgrounder
Selecting Skilled Worker and Business Immigrants

 
The government has consulted widely and regularly since 1996 to build an immigration system that meets the needs of all involved -- from the applicants themselves to employers and communities that need skilled workers and the taxpayers who fund the immigration program in Canada. The Immigration and Refugee Protection Act (IRPA) was the result of this analysis and consultation. It was implemented on June 28, 2002.

The inventory of skilled worker cases in process could not be cleared before the coming into force of IRPA. Therefore, in fairness, Citizenship and Immigration Canada (CIC) took several steps which included:

• extending the time in which these applications could be processed under the former selection grid from June 28, 2002 to March 31, 2003.
• processing these applications under a lower pass mark (70 instead of 75)
• offering a refund of processing fees to those who had not received a selection decision.

Some skilled worker and business applicants felt that the transition rules were not fair and took the department to Court. In February 2003, the Federal Court ordered that the applications of those involved in the lawsuit who had applied before January 1, 2002 be assessed under the former Act before March 31, 2003. CIC complied with that order.

For those who submitted their applications after January 1, 2002, the judge felt that they had been aware at the time they filed their applications that they would be processed under IRPA and that there was therefore no unfairness.

Following the Courts decision, many other people felt that their applications should also be reviewed. In June 2003, a Federal Court judge imposed an injunction on CIC, preventing the department from finally refusing any application which was filed prior to January 1, 2002. This injunction also requires the department to notify all applicants that could potentially be involved in a class action. CIC is in the process of complying with this injunction.

The courts have determined that, while they are legal, the transition provisions between the Immigration Act and IRPA are not as fair to applicants who applied before January 1, 2002 as the government had believed. The government has listened to that message. For that reason, Minister Denis Coderre is proposing to amend the transition regulations to allow economic class applicants (skilled workers and business immigrants) who filed their applications for permanent residence before January 1, 2002 to be assessed under the former Immigration Act (and then under IRPA if refused under the former Act). The Minister plans to consult his Cabinet colleagues on these proposed regulatory amendments at the first available opportunity.

These proposed amendments would meet the applicants' request to be processed under the selection criteria in place at the time they filed their applications and also give them the benefit of an assessment under IRPA.

CIC also proposes to offer the same processing to:

• those people who had applied prior to January 01, 2002 and who were refused between the coming into force of the new selection grid on March 31, 2003 and June 20, 2003; and
• those who withdrew their applications between January 01, 2002 and the coming into force of these proposed regulatory amendments.

Applicants in these last two groups will be required to advise CIC of their desire to be processed before January 01, 2005.

CIC does not propose to amend the regulations to allow applicants who applied to immigrate to Canada between January 1, 2002 and the coming into force of IRPA. These applicants were aware, at the time they filed their applications, that they would be processed under IRPA. The courts have not disagreed with the department's interpretation of the transition rules as they apply to this group.

Pass Mark for Skilled Workers

 
In the new selection system the pass mark is the primary tool to balance the qualifications and quantity of Federal Skilled Worker immigrants. The Minister may amend the pass mark from time to time, to reflect the changes in Canadian labor market and in the broader economy and in society, as well as changing demands on the part of prospective immigrants to Canada.

The Minister set the Federal Skilled Worker pass mark at 75 points when the new selection system came into effect on June 28, 2002. On September 18, 2003, the Minister amended the pass mark for new skilled worker applicants to 67. The pass mark for skilled worker applicants currently in the system who have not yet received a selection decision will be also be 67.

A pass mark at that level will allow the Canadian economy to benefit from skilled immigrants and meet immigration goals.

Regulation 76 (2) of the Immigration and Refugee Protection Regulations states that:

The Minister shall fix and make available to the public the minimum number of points required of a skilled worker, on the basis of

(a) the number of applications by skilled workers as members of the federal skilled worker class currently being processed;
(b) the number of skilled workers projected to become permanent residents according to the report to Parliament referred to in section 94 of the Act; and
(c) the potential, taking into account economic and other relevant factors, for the establishment of skilled workers in Canada.

 Examples of who would qualify with a pass mark of 67:

New Immigration and Refugee Act
 

The new Immigration and Refugee Protection Act (IRPA) became law on June 28, 2002. It recognizes the many contributions that immigrants and refugees make to Canada; encourages workers with flexible skills to choose Canada; and helps families reunite more quickly.

GENERAL PROVISIONS
AND PRINCIPLES

?      New Immigration and Refugee Protection Act applies to all applications and proceedings that were pending or in progress before June 28, 2002.

?      A decision made under the old Act continues to be in force under the new Act.

FEES

FEES FOR APPLICATIONS TO REMAIN IN CANADA AS A PERMANENT RESIDENT

Spouse

Sponsorship application (per application)                            $75

Principal applicant                                                            $475

A family member of the principal applicant who
is 22 years of age or older, or is less than 22 years
of age and is a spouse or common-law partner                  $550

A family member of the principal applicant who is
less than 22 years of age and is not a spouse or
a family member of the principal applicant who is
less than 22 years of age and is not a spouse or
common-law                                                                   $150

RIGHT OF PERMANENT RESIDENCE

For the acquisition of permanent resident status                $ 975

OVERVIEW OF THE NEW ACT

SNAPSHOT

Canada’s new Immigration and Refugee Protection Act replaces the Immigration Act, which was approved in 1976 and has been amended more than 30 times. The new Act modernizes Canada’s immigration policy. It provides Canada with the tools to attract workers with flexible skills and it speeds up family reunification.

SKILLED WORKERS

Canada requires a modernized immigration policy in order to continue to grow and prosper in the new global economy. In recognition of this, the Act incorporates a number of changes to Canadian immigration policy to improve the selection system for skilled workers. Under the Act, the emphasis for selecting skilled workers has shifted from an occupation-based model to one that focuses more on choosing skilled workers with the flexible and transferable skill sets required to succeed in a fast-changing, knowledge-based economy. The legislation recognizes that the Canadian economy values skilled technical workers

and tradespersons as well as university educated professionals. It also recognizes the importance of proficiency in English or French, Canada’s two official languages, and makes it easier for prospective

Immigrants to qualify for admission to Canada.

Skilled Worker Selection Grid

1. "Diploma, trade certificate or apprenticeship" refers to a post-secondary educational credential other than a university educational credential.
2. Applicants are rated on the ability to speak, listen, read or write Canada's two official languages.
3. Applies to either principal applicant or accompanying spouse or common-law partner.

Funds Required to Settle in Canada:

You must prove that you have enough money to support yourself and your dependants for at least six months after you arrive in Canada.

The Government of Canada does not provide financial support to new skilled worker immigrants.

You must show that you have enough money to support yourself and your dependants after you arrive in Canada. You cannot borrow this money from another person. You must be able to use this money to support your family.

You will need to provide proof of your funds when you submit your application for immigration.

The amount of money that you need to have to support your family is determined by the size of your family.

How Much Money Should you Bring?

Find out how much it costs to live where you are planning to settle in Canada.

• Bring as much money as possible to make moving and finding a home in Canada easier.

Disclosure of funds:

If you are carrying more than CDN $10,000, tell a Canadian official when you arrive in Canada.

If you do not tell an official you may be fined or put in prison. These funds could be in the form of:

• Cash;
• Securities in bearer form (for example: stocks, bonds, debentures, treasury bills); or
• Negotiable instruments in bearer form (for example: bankers' drafts, cheques, travellers' cheques, money orders.)

INVESTORS

The Immigrant Investor Program seeks to attract experienced persons and capital to Canada. Investors must demonstrate business experience, a minimum net worth of CDN $800,000 and make an investment of CDN $400,000

Entrepreneurs
The Entrepreneur Program seeks to attract experienced persons that will own and actively manage businesses in Canada that will contribute to the economy and create jobs. Entrepreneurs must demonstrate business experience, a minimum net worth of CDN $300,000 and are subject to conditions upon arrival in Canada.

SELF EMPLOYED PERSONS

Self-employed persons must have the intention and ability to create their own employment. They are expected to contribute to the cultural or athletic life of Canada. They may create their own employment by purchasing and managing a farm in Canada.

Studying in Canada

Overview

 
More than 130,000 students come to study in Canada every year. This does not include people studying French or English as a second language. Foreign students bring a rich culture to our classrooms. Your knowledge and skills are welcome in our schools.

The provinces regulate schools in Canada. The provinces are also in charge of health care and medical services. Contact the school where you want to study for more information on living and studying in Canada.

Who May Represent You

A representative may be a lawyer, a consultant or any other person, including a friend, whom you hire for a fee or ask to help you do any of the following at no charge: (1) apply for permanent residence or a temporary stay in Canada; (2) submit a refugee claim; (3) appear in front of an adjudicator; (4) appeal a decision; (5) apply for citizenship; or (6) request information on matters dealing with the Immigration Act or the Citizenship Act.

What you should know before seeking the services of someone to help with your application

Do you need a representative and Who can act as a representative?

?      If you decide to use the services of a representative, you are free to do so.

?      Anyone can act as a representative.

?      CIC can provide information on your file only to people who are either (1) Canadian citizens, (2) permanent residents of Canada or (3) physically present in Canada. Representatives who live outside Canada and are neither Canadian citizens nor permanent residents might be unable to help you.

?      Beware of representatives who claim that you will get a visa, obtain citizenship or benefit from special treatment from the Canadian government by using their services. CIC is not associated with any representatives.

?      Be cautious when dealing with foreign-based representatives. Such companies or individuals may be outside the reach of Canadian law, and there may be no protection or remedy available in Canada to a dissatisfied client.

?      Either the federal or provincial governments of Canada do not regulate immigration consultants.