A New Immigration Act For Canada?


Andem
Free Thinker
#1
A New Immigration Act For Canada?


By James E. Turner, Barrister and Solicitor

Introduction

A new Canada Immigration Act, the first entirely new statute since 1978, will become law in the next few months. At present, the new Immigration Act is still under consideration by Canada's Parliament, and Canada's government will doubtlessly revise its final terms before it becomes law. At Gordon & Velletta our lawyers make a point of staying current, not only with existing laws, but also with any new legislation that might be expected to affect the areas of law we practice. While the final terms of Canada's new Immigration Act will not be known for certain until it becomes law, some general trends are obvious at this time.

Important Changes

The general philosophy of Canada's new Immigration Act is to provide Immigration Officers with more discretion and clearer guidelines on how to use their discretion. In general, the new Immigration Act should make it easier for deserving applicants to enter Canada, while preserving Canada's right to security and its ability to screen out criminals. Some important changes are:

Expansion of the Independent Class.
It is expected that more emphasis will be placed on skills, work experience, and adaptability for Independent Class Immigrants. Until now, a rigid point system has frequently resulted in worthy applicants being forced into "pigeon holes" to qualify for Immigration, regardless of their qualifications and their ability to contribute to Canada.


Returning Resident Permit.
The new Immigration Act will recognize the increasingly global nature of the economy by making it easier for Landed Immigrants to maintain their connections to their home country without risk to their status in Canada. Under present rules a person must be present in Canada for 183 days of the year or risk losing his status as a Permanent Residence. Under the proposed rules, a person will only have to spend 2 years out of 5 in Canada in order to keep his or her status.


Skilled Workers.
It is expected that the new Act will clarify and expand the ability of foreign workers or Canadian employers of foreign workers to obtain work visas or employment authorizations. This is a welcome step, which is expected to assist Canada's economy as well as the lives of those who wish to come to Canada and work without immigrating.
However, there are some changes which may make it more difficult for some individuals to immigrate to Canada. The Self-Employed Class is expected to be clarified and limited to artists, entertainers, athletes, and those otherwise contributing to the artistic and cultural life of Canada. It is anticipated that under the new rules, the Self-Employed Class will not apply to business people as it currently does.

After September 11

Many of our clients ask if the terrible tragedies of September 11, 2001 in New York City will affect Canadian Immigration Law. While no one can know for certain, we expect that legitimate immigrants will not find it more difficult to come to Canada. While the Canadian Government is likely to be more careful in confirming identity and background checks, no substantive changes will be made to the immigration categories themselves. Canada will continue to be a country which will openly accept people from all countries, religions, and nationalities in the world.

Why It May Be Best To Apply Now

Although we have tried in this article to give our best assessment, no one can know for sure what changes will be made to the Immigration Law of Canada. If you are considering immigrating to Canada, you should make your application now in case the law changes to your disadvantage. Applications filed before the law changes will be assessed under the existing law.

If you have any questions, please contact James E. Turner at jet@victorialaw.bc.ca or call Toll Free 1-866-383-9104.
 
Andem
Free Thinker
#2
Quote:

The general philosophy of Canada's new Immigration Act is to provide Immigration Officers with more discretion and clearer guidelines on how to use their discretion. In general, the new Immigration Act should make it easier for deserving applicants to enter Canada, while preserving Canada's right to security and its ability to screen out criminals. Some important changes are:

Expansion of the Independent Class.
It is expected that more emphasis will be placed on skills, work experience, and adaptability for Independent Class Immigrants. Until now, a rigid point system has frequently resulted in worthy applicants being forced into "pigeon holes" to qualify for Immigration, regardless of their qualifications and their ability to contribute to Canada.

I think this is a good start on dealing with truely skilled workers. They should not be in the same class as so-called "Refugees", immigrants with no assets etc.

Quote:

Returning Resident Permit.
The new Immigration Act will recognize the increasingly global nature of the economy by making it easier for Landed Immigrants to maintain their connections to their home country without risk to their status in Canada. Under present rules a person must be present in Canada for 183 days of the year or risk losing his status as a Permanent Residence. Under the proposed rules, a person will only have to spend 2 years out of 5 in Canada in order to keep his or her status.

If someone wants to leave Canada after obtaining landed immigrant status, they should NOT be allowed to come an go as they wish. If they really want to stay and live in Canada, become a upstanding citizen of our society, they should at the very least stay here until they upgrade their status.


Quote:

Skilled Workers.
It is expected that the new Act will clarify and expand the ability of foreign workers or Canadian employers of foreign workers to obtain work visas or employment authorizations. This is a welcome step, which is expected to assist Canada's economy as well as the lives of those who wish to come to Canada and work without immigrating.
However, there are some changes which may make it more difficult for some individuals to immigrate to Canada. The Self-Employed Class is expected to be clarified and limited to artists, entertainers, athletes, and those otherwise contributing to the artistic and cultural life of Canada. It is anticipated that under the new rules, the Self-Employed Class will not apply to business people as it currently does.

If they are self-employed and run a successful business, can their business just not relocate to Canada? I think this is not an issue anybody should worry about. The only people who should worry about it is people running a phoney business.

Quote:

After September 11

Many of our clients ask if the terrible tragedies of September 11, 2001 in New York City will affect Canadian Immigration Law. While no one can know for certain, we expect that legitimate immigrants will not find it more difficult to come to Canada. While the Canadian Government is likely to be more careful in confirming identity and background checks, no substantive changes will be made to the immigration categories themselves. Canada will continue to be a country which will openly accept people from all countries, religions, and nationalities in the world.

What a shame! We should make it harder to immigrate to Canada, especially if you are not a skilled-worker or a proven benefit to Canadian society. Right now, we receive hundreds of thousands of immigrants every few years in just Toronto. They flood our culture with so many unwanted aspects. A very noticable minority of these immigrants who arrive in Canada each year contribute to organised crime, petty crime and large crimes like murder, rape; making our cities a dangerous place to live and work.


Quote:

Why It May Be Best To Apply Now

Although we have tried in this article to give our best assessment, no one can know for sure what changes will be made to the Immigration Law of Canada. If you are considering immigrating to Canada, you should make your application now in case the law changes to your disadvantage. Applications filed before the law changes will be assessed under the existing law.

If you have any questions, please contact James E. Turner at jet@victorialaw.bc.ca or call Toll Free 1-866-383-9104.

What this country needs is definate and decisive rules for Canadian immigrants. We need to define refugees correctly, we need to research applicants' backgrounds extensively and we need to half the flow of criminals into our beloved country.
 
Numure
#3
If we donèt easy immigration, then we will have no means of supporting are aging population. We need to help them once within the country, not to let them rot in what ever hell hole they lived him. And I love all the different cultures added here in Montreal. The African festival in summer, the carrabean one... All great attractions brought to us by immigrants.
 

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