Category Archives: Holistic Immigration

Changes to Language Requirements

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New Language Requirements for Citizenship and PNP Applications

Citizenship and Immigration Canada (“CIC”) has introduced new language requirements for citizenship applications and certain provincial nominee applications.  For citizenship applications, the changes will introduce objective language requirements for most applicantions.  For certain provincial nominee program (“PNP”) applications, the changes will introduce mandatory language testing.

The Citizenship Langugage Requirements  

Applicants for Canadian citizenship are required to demonstrate that they have an adequate knowledge of either English or French.  Currently, this is done through a multiple choice written test known as the Citizenship Exam, which also tests knowledge of Canada and the responsibilities of citizenship.

On April 21, 2012, the Government of Canada introduced regulatory changes that when they take affect will require that citizenship applicants enclose proof that they meet the language requirement with their citizenship application.  Acceptable means of proof will include:

  • A language test result from an authorized testing agency;
  • Evidence of completion of secondary or post-secondary education in English or French; or
  • Evidence of completion and achievement of a certain level in a government-funded language training program.

Applicants submitting test results from an authorized testing agency will have to achieve a minimum standard of Canadian Language Benchmark (“CLB”) 4 in English or Niveaux de comeptence linguistique canadiens (“NCLC”) level 4 in French.  The areas that will be tested are speaking and listening.  For those familiar with the International English Language Testing System (“IELTS”), currently required for many permanent residence applications, this translates into a 4 in each category.

Applicants who provided mandatory language testing results as part of their permanence residence applications can submit those test results with their citizenship application, and will not be required to be re-tested.

The change will affect all adult citizenship applicants between the ages of 18 and 54.

More information about the change, and the other details of the regulatory changes, can be found at the Canada Gazette here: http://www.gazette.gc.ca/rp-pr/p1/2012/2012-04-21/html/reg1-eng.html  

The PNP Langugage Requirements  

On April 11, 2012, CIC announced that most PNP applicants for semi- and low-skilled professions that fall under Naitonal Occupational Classification (“NOC”) Skill Levels C and D  will have to take mandatory language testing of their listening, speaking, reading, and writing.  They will be required to meet a minimum standard across all four of these categories.

Acceptable tests will include the IELTS, the Canadian English Language Proficiency Index Program (“CELPIP-General”), and the Test d’evaluation de francais.  The minimum standard required will be CLB 4.  No other evidence of language profiency will be accepted.

The change will take effect on July 1, 2012.  However, CIC has announced that any temporary foreign worker who arrives in Canada on or before July 1, 2012, and who subsequently gets nominated no later than July 1, 2013, will be exempted from the requirement.  It is important to note that while CIC has allowed this exemption, it is still unknown whether provincial governments will nonetheless start requiring language testing sooner.

It should also be noted that in January, 2012, CIC indicated that intends to introduce language testing across all PNP streams by the end of 2012.

More information about the change, and the other requirements of the program, can be found at the WelcomeBC here: http://www.cic.gc.ca/english/department/media/backgrounders/2012/2012-04-11.asp  

Wilfred Laurier on Immigration [Updated - Correction]

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The above picture of Wilfred Laurier, a former Prime Minister of Canada and member of the Liberal Party of Canada, is currently making the rounds on the internet accompanied by his famous passage:

In the first place, we should insist that if the immigrant who comes here in good faith becomes a Canadian and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated upon the person’s becoming in every facet a Canadian, and nothing but a Canadian… There can be no divided allegiance here. Any man who says he is a Canadian, but something else also, isn’t a Canadian at all. We have room for but one flag, the Canadian flag… And we have room for but one sole loyalty and that is a loyalty to the Canadian people.

People that are spreading this and citing this passage about undivided loyalty with fervour are I’m sure thinking of immigrants from certain countries with value systems very different to ours.  However, I wonder if they have actually considered the policy implication of the above passage – which is obviously whether Canada should ban its citizens from being dual (or triple) citizens?

What do you think?  Should Brett Hull, Kaya Jones, John Aimers, Peter Jennings, Megan Follows, Brian Burke, Jim Carrey, etc. have to choose?

And, if you believe in what Mr. Laurier said, do we not have room in Canada for the above individuals?

[UPDATE]

As was recently pointed out to me, in attributing the above quote and picture to Wilfred Laurier I fell for a popular myth circulating in certain circles.

Mr. Laurier did not say the above.  It was Theodore Roosevelt.

http://www.snopes.com/politics/quotes/troosevelt.asp

Legislating Away the Immigration Backlog

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On March 7, 2012, Jason Kenney delivered a speech to the Economic Club of Canada which has generated considerable attention.  He implied that the Government of Canada was considering legislating an end to Canada’s immigration backlog.

His statements were:

New Zealandlegislated an end to its backlog in 2003 and put in place a system where prospective applicants can be selected from a pool made up of all persons who have applied. Rather than wasting time and energy processing old applications, their resources can now be put towards actively matching the best qualified applicants to current jobs and economic needs.

Now, in recent months, Prime Minister Harper has spoken about doing more in the economy of the future than just passively accepting applications. He has talked about the need to actively recruit people to come to Canadato fill specific skill shortages.

There are exciting possibilities before us when it comes to the future of immigration toCanada. But of course, the first step is to eliminate this huge unfair backlog as soon as we can. Again, we’re open to creative suggestions and we will continue to consult with Canadians about the best way forward in immigration reform.

Canada’s immigration backlog is not small.  According to a report by the Standing Committee on Citizenship and Immigration titled Cutting the Queue: Reducing Canada’s Immigration Backlogs and Wait Times, as of July 1, 2011, the backlog was:

 

Category

Number of People
Federal Skilled Workers 482,117
QuebecSkilled Workers 33,167
Federal Business (Investors and Entrepreneurs) 94,271
QuebecBusiness 10,518
Provincial/Territorial Nominees 39,076
Canadian Experience Class 6,002
Live-in Caregiver 15,416
Spouses, Partners, and Children 42,238
Parents and Grandparents 168,530
Government-sponsored Refugees 9,917
Privately-sponsored refugees 23,212

This backlog translates into some very high processing times.  For example, as of writing, applicants from Asia to the Federal Skilled Worker Program face the following processing times.

Asia and Pacific

Visa Office

Processing Times IN MONTHS
(based on a complete application package)

Applications received BEFORE February 27, 2008

Applications received BETWEEN November 28, 2008 and June 25, 2010
Beijing – China

57

20
Colombo – Sri Lanka

68

21
Hong Kong – China

62

21
Islamabad – Pakistan

88

27
Kuala Lumpur – Malaysia

55

19
Manila – Philippines

82

18
New Delhi – India

93

18
Seoul – South Korea

60

21
Singapore – Singapore

74

19
Sydney – Australia

56

19
Tokyo – Japan

68

17

The Federal Skilled Worker Program is based on the idea of attracting people with certain skills thatCanadadeems desirable.  What it has deemed desirable has changed substantially over the years, and the employability of people who applied prior to 2008 is often viewed as questionable.

As noted by Jason Kenney, legislating away a backlog is not unprecedented.  In 2003, New Zealandintroduced the Immigration Amendment Act 2003 No 30.  Amongst other things, it provided for the following:

  • That all applications for residence visas or permits made before 20 November 2002 that had not yet been decided were treated as being lapsed except in specified circumstances.  Some of the specified reasons included crossing a points threshold or having a job offer.
  • That the affect of an application lapsing was not no further processing of the application would occur.
  • That the government would refund any application fees paid.
  • That except for the application fee there would be no refund for mailing fees, the cost of obtaining documents, or any other costs.

In New Zealand, only about 20,000 applications, or 46,000 people, were affected.

Depending on how Jason Kenney proceeds, the scale of what Canada would do could be over 10 times greater.

Stay tuned.

 

Kim Jong Kenney

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On Monday, December 19th, The Province published an Editorial Cartoon depicting Jason Kenney as the successor to Kim Jong Il.

I’m generally able to see all perspectives of an issue, but am simply unable to see the connection between Canada’s current Minister of Citizenship and Immigration, and a tyrant who presided over mass starvation and repression while he lived a life of luxury.

Explanation?

CIC Bans People from Wearing the Veil During Citizenship Oaths

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Citizenship and Immigration Canada has released Operational Bulletin 359 - Requirements for candidates to be seen taking the Oath of Citizenship at a ceremony and procedures for candidates with full or partial face coverings.

The OB has received much media publicity.  Pursuant to it, all citizenship candidates will be informed that they will be required to remove their face coverings for the oath taking portion of the citizenship ceremony, and that their failure to do so will result in the candidate not becoming a Canadian citizen on that day.

If a candidate is not seen taking the oath by a presiding official, the clerk of the ceremony must be notified immediately following the oath taking portion.  The person will not become a citizen that day.  A minor child whose parents do are not seen taking the oath will also not become a citizen that day.

A person who is not seen taking the oath will have a second chance to attend a future citizenship ceremony and take the oath.  If they do not, then their application for citizenship will be refused.  The opportunity to return to take the oath at another citizenship ceremony applies only once.

As the following tweet by Jason Kenney indicates, this policy is meant to prohibit veils, hajibs, niqabs, etc. from being worn during the oath:

kenneyjason Jason Kenney

Thanks to MP Wladyslaw Lizon for raising w/ me the aberrant practice of veiled people taking oath.He saw 4 people doing so @ recent ceremony

However, the way this OB is worded, I shudder to think of what will happen if a CIC officer has to rub some dust out of his eyes during the Citizenship Oath.

Ottawa Citizen Continues Interesting Stories on Immigration

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The Ottawa Citizen today published two more interesting pieces on the Immigration and Refugee Board and the Federal Court.

The first is titled “Access to Justice Should Not Look Like a Lottery“.

Did you know that:

  • Federal court judges deny 85% of all leave applications?
  • That once leave is the success rate is almost half?
  • That one judge granted leave in 60% of all cases, while another granted leave in less than 1.5% of cases?

The second is titled “Chill of ministerial comments erodes independence of Immigration and Refugee Board, former chair says”

Interesting tidbits here include that:
  • That last year seven IRB members approved fewer than 10% of the asylum claims that they heard. By contrast, 15 members approved 70 percent or more of the claims that they ruled on.
  • One approved 94% of her claims, the other approved 0%.
  • IRB members make $120,000 per year.

Tensions over Judicial Independence, Chart Shows Judicial Review Success Rates per Judge

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Don Butler at the Ottawa Citizen has published a pair of fascinating articles about current tensions between the Canadian government and the Federal Court.  Both articles are worth a read in their entirety, as they contain numerous statistics, stories, and  quotes.

For example, did you know that:

  • A chief justice of the Federal Court contacted the president of the Canadian Bar Association and asked him to respond to Jason Kenney’s public criticisms of the judiciary?
  • That Conservative MPs tried (and failed) to haul Justice Boivin before a parliamentary committee to answer questions about one of his decisions?
  • That in the first half of 2011 judges appointed in the last three years were far less likely to quash decisions by government officers and tribunals on most immigration issues than judges appointed by Liberal prime ministers?
  • That following Kenney’s public criticisms of the judiciary overturned fewer (although not significantly) government decisions?
  • The former chair of the Immigration and Refugee Board has said that some board members have discreetly deferred to criticism that Jason Kenney made of the Board?

The series also featured the following extremely useful chart showing the judicial review success rate amongst the different judges.

The two stories are: