2012 – Immigration Regulation Change Notes

COMING IN 2013

Federal Skilled Worker Program

• Mandatory educational credentials assessment – points for education will be based on the equivalency assessment
• Changed point system
  • age – maximum 12 points (18 to 36), then 1 point less for each year (0 for under 18 and 47 and over)
  • education – 19 for a 2-yr, 21 for a 3-yr post-secondary credentials; 22 for two or more but one must be 3-yr credential; 23 for master’s degree; 25 for doctorate
  • experience – 15 maximum (for 6 years experience)
  • language – up to 24 for first language, 16 for second language)

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• No special process for Arranged Employment Offer – must be positive Labour Market Opinion

Canadian Experience Class (R87.1) 

• At least one year of full-time work experience or the equivalent in part-time work for everybody (student stream eliminated)

Federal Skilled Trades Class (R87.2) 

• At least 24 months of full-time or equivalent of part-time paid work experience in the last five years
• Must meet employment requirements of the trade as set out in the NOC2011  except for the requirement to obtain a certificate of qualification
• Must meet 1 of the following requirements:
  • hold a certificate of qualification issued by a provincial authority or
  • have LMO-based work permit, are working and have up to two offers of employment totalling one year of employment
  • have a work permit under 204 (a) or (c) , are working and have up to 2 offers of employment totalling one year of employment
  • have up to two offers of employment for at least one  year, approved by HRSDC under 203(1)
  • are authorized to work in Canada under S186, are working and have up to two offers of employment totalling at least one year
• Must have transferable and unecumbered funds

 

Summary of recent changes in 2012

 

Federal Skilled Worker Class

As per Instructions that came into force on July 1, 2012, a temporary pause remains in place for new applications in this class, excluding those applications for the PhD eligibility stream and those with a qualifying offer of arranged employment.

• Effective December 15, 2012,qualifying foreign nationals currently in Canada who have submitted an application for permanent residence (PR) under the Federal Skilled Worker Program (FSWP), the Canadian Experience Class (CEC), the Provincial Nominee Program (PNP) or the Federal Skilled Trades Program (FSTP) and who meet program eligibility requirements, may be considered for a bridging open Work Permit (WP) if their current WP will soon expire (OB 485 – December 15, 2012)

PhD Stream

Complete applications for the PhD eligibility stream, the criteria for which were established by Ministerial Instructions that came into force on November 5, 2011, will continue to be put into processing until the annual cap of 1 000 is reached. The current cap year for the PhD stream, which began on November 1, 2012, ends on October 31, 2013, unless otherwise indicated in future

 

Ministerial Instructions

Complete applications with a qualifying offer of arranged employment will continue to be put into processing without regard to a cap, as established in the Ministerial Instructions that came into effect on July 1, 2012.

Federal Immigrant Investor Class

As per Instructions that came into force on July 1, 2012, a temporary pause remains in place for new applications in this class. This pause will remain in place until further notice to manage inventory pressures.

Federal Entrepreneur Class

As per Instructions that came into force on July 1, 2011, a temporary pause remains in place for all new applications in this class.

Family Class Applications

• 5-year ban on sponsorship for sponsored spouses (Gazette Part II, Vol. 146, No. 6, March 14, 2012)
• Permanent ban on sponsorship for persons convicted of an offence that results in bodily harm against family members (Gazette Part II, Vol. 145, No. 25, December 7, 2011)
• 2-year conditional permanent resident visa for spouses without children (OB 480, October 26, 2012)

As per Instructions that came into force on November 5, 2011, a temporary pause remains in place for new sponsorship applications for parents and grandparents.

• Replacing the Principal Applicant on an Application for Permanent Residence by a Parent or Grandparent sponsored as a member of the Family Class  (OB 369 – January 17, 2012)

Citizenship

All adult applicants for a grant of citizenship aged 18 to 54 must provide objective evidence of language ability by submitting proof of achievement of Canadian Language Benchmarks / Niveaux de compétence linquistique canadiens (CLB/NCLC) Level 4 or higher in speaking and listening with their application (OB 469 – October 31, 2012)