New Article on the New Federal Skilled Worker Program Published
A new article on Canada’s New Federal Skilled Worker Program has now been published in my Canadian Immigration Handbook.
A new article on Canada’s New Federal Skilled Worker Program has now been published in my Canadian Immigration Handbook.
Introduction
On May 10, 2013, Citizenship and Immigration Canada (“CIC”) announced proposed regulatory amendments that will narrow the definition of “dependent child” by reducing the age limit to children under the age of 19 and removing the exception for full-time students. Once implemented, this proposed change will adversely affect the dependent children of all prospective immigrants to Canada.
Current Definition
According Section 2 of the current Immigration and Refugee Protection Regulations (SOR/2002-227), the term “dependent child” means a child who:
In other words, the current definition of “dependent child” includes the following:
CIC’s Rational for the Proposed Amendment
According to CIC, dependent children represent 30% of the overall immigrants admitted annually to Canada. It further states that, based on 2012 statistics, dependents under the age of 19 constituted 90% (64,757) of all sponsored children, while those 19 years of age and older constituted 10% (7,237) of all sponsored children.
CIC claims that older dependent children (those who arrive between the ages 19 and 21 years old) have lower economic outcomes than those who arrive in Canada at a younger age (between 15 and 18 years old). It also claims that older immigrants have a more challenging time fully integrating into the Canadian labour market and this is more evident for immigrants who are not selected based on their own merits (i.e. dependent children).
In addition, CIC claims that fraudulent school attendance documentation is prevalent in some countries and verification of attendance and enrolment can be labour-intensive.
Effect of the Proposed Amendment
Based on the above, CIC is proposing to limit the definition of “dependent children” to those under the age of 19. It is also proposing to eliminate the exception for full-time students. However, the exception for older dependents who are unable to support themselves due to a physical or mental condition will be continued.
In addition, the proposed amendments would alter the application fees for overage dependent children in permanent residence cases. Currently, overage dependent children (22 years old and over) are subject to the same processing fees as spouses and partners of principal applicants; the fee for these dependent children is $550.00CAD while the fee for younger dependants (under 22 years old) is only $150.00CAD.
Once the proposed amendment has been implemented, the only overage dependent children (19 years old and over) will be those who are financially dependent on their parents due to a physical or mental condition. As a result, proposed amendments will reduce the permanent residence application fee for these overage dependent children to $150.00CAD, the same amount that is charged for dependent children under the age of 19.
The definition of “dependent child” contained in Section 2 of the Immigration and Refugee Protection Regulations also applies to dependents of temporary residents such as foreign workers and students. Although the announcement discusses the proposed amendment only in the context of permanent residence cases, at the present time it is uncertain whether CIC intends to also apply this definition in temporary resident cases.
Proposed Implementation
CIC is proposing an effective date of January 1, 2014, for the above amendment. For applicants who submit a sponsorship application and/or permanent resident application on or after this date, the proposed new definition for dependent child would apply. For applicants who submitted a permanent resident application prior to January 1, 2014, the current definition of dependent child would continue to apply.
Transitional provisions are also proposed for applicants who would already be in the immigration application process on January 1, 2014, but who may not yet have submitted the permanent resident portion of their immigration application. The transitional provisions would allow these persons to have their permanent resident applications, including their dependent children, finalized under the criteria in force at the time that their immigration applications were initiated.
The age of dependants is locked-in at the time the permanent resident application is received by CIC. In certain cases, applicants will have initiated their immigration process years before being in a position to submit an application for permanent residence. Given the processing for these groups of applicants, the transitional provisions would apply in the following cases:
In some programs, two applications must be submitted: (a) a sponsorship application, and (b) a permanent resident application. In the past, these applications under the parents and grandparents and resettlement categories could be submitted separately (i.e. the permanent resident application would follow a positive assessment of the sponsorship application). In order to not penalize applicants who at the effective date of the amendment would not have submitted their permanent resident application, the transitional provisions would also extend to the following groups:
In both cases, the permanent resident application which includes the application for the dependent child, would not have been submitted with the sponsorship application and may not have been received by CIC at the time of coming into force of the proposed new definition.
Conclusion
The proposed amendment to the definition of “dependent child” will be of significant concern for many potential immigrants, who may decide to not immigrate if their older dependent children cannot accompany them. It is expected that there will considerable resistance to this proposed change during the next seven months.
Introduction
As previously reported, on December 19, 2012, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney (the “Immigration Minister”) announced that the Federal Skilled Worker Program (“FSWP”) would once again begin accepting new applications on May 4, 2013. However, several key details of the FSWP were not announced at that time. These outstanding details included:
Citizenship and Immigration Canada (“CIC”) has now provided these last remaining details.
Eligible Occupations and Numerical Limits
Applicants who do not have arranged employment and who do not qualify under the PhD stream will require at least one year of continuous full-time work experience in one of the listed eligible occupations. Applicants who possess this work experience may apply without a job offer.
The eligible occupations stream will have an overall cap of 5,000 new applications and sub-caps of 300 applications in each of the 24 occupations on the list. The list of eligible occupations, with each corresponding 2011 National Occupation Classification (“NOC”) code, is as follows:
Educational Credential Assessment (“ECA”)
The purpose of the ECA is to determine whether the applicant’s foreign educational credential is authentic and equivalent to a completed credential in Canada. Applicants who have Canadian educational credentials do not need an ECA, unless they are also submitting a foreign educational credential in support of their application.
As of April 17, 2013, four organizations have been designated by the Immigration Minister to provide ECA reports for purposes of immigrating to Canada under the new FSWP. Additional organizations may be designated by CIC in the future. The designated organizations are:
The Medical Council of Canada has been designated only for those principal applicants who intend to apply with specialist physician (NOC Code 3111) or general practitioner/family physician (NOC Code 3112) as their primary occupation in their FSWP application.
CIC will only accept ECA reports issued after the date the organization was designated by CIC to provide ECA reports for immigration purposes (April 17, 2013). An ECA report will be valid for immigration purposes for 5 years from the date that it was issued by the designated organization.