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Annual
Report to Parliament 2003
CANADIAN IMMIGRATION IN THE INTERNATIONAL CONTEXT FOREIGN NATIONALS AS PERMANENT RESIDENTS OF CANADA FEDERAL-PROVINCIAL/TERRITORIAL PARTNERSHIPS
GENDER-BASED ANALYSIS OF THE IMPACT OF THE IMMIGRATION AND REFUGEE PROTECTION ACT CONCLUSION: KEY CHALLENGES FOR THE FUTURE
ANNEX B: SECTION 94 OF THE IMMIGRATION AND REFUGEE PROTECTION ACT
Achieving Canada's immigration goals requires careful planning and rigorous management, with the flexibility to respond to global and domestic trends and challenges. A well-balanced and sustainable immigration program means setting priorities, balancing key activities and, sometimes, making difficult choices. It also means ensuring the capacity to both deliver the annual target numbers and integrate the newcomers. Immigration has always been a defining characteristic of Canada, bringing together families, providing a safe haven to refugees and attracting newcomers with job skills. Canada has developed a dynamic and well-managed immigration program that is focused on our future needs and our international responsibilities. Immigrants help fuel an economy driven by innovation, ideas and skills. They invest in business, create jobs and contribute their skills and talents to Canada's labour market. Immigrants comprise a significant portion of the growth in our labour force, and they help foster international links and trade. As a key building block of Canadian society, immigrants also help build strong and vibrant communities based on cultural diversity and mutual respect. Indeed, Canada is considered a destination of choice around the world for immigrants, foreign students and skilled temporary workers. In 2002, Canada welcomed 229,091 immigrants and refugees as new permanent residents and is aiming to meet the low end of the 2003 target range. For 2004, working within existing resources, CIC is planning to maintain the same target range as the previous year -- 220,000 to 245,000 new permanent residents. This goal will be accomplished by ensuring that the necessary infrastructure and supports for immigrants and refugees are in place. The planning of immigration levels is also linked to Canada's capacity to absorb and successfully integrate increased numbers, both socially and economically. Immigration is a shared jurisdiction with the provinces and territories, and partnerships are critical to achieving a balanced and sustainable immigration program. Almost all aspects of CIC's operations involve partnerships -- with other nations, other federal departments, other levels of government, voluntary sector organizations and other stakeholder groups. These partnerships are essential for the successful settlement and integration of newcomers into Canadian society and, in most provinces, for the selection of provincial nominees and skilled workers. Partnerships with the private sector are also critical to ensuring that immigration provides the talents and skills needed by Canadian businesses. We all need to continue to work together to reduce the barriers faced by new immigrants in integrating into the social and economic life of their new communities. Of particular importance is the need to ensure that immigrants and refugees make a successful transition into the labour market and realize their potential as quickly as possible. Strategies have to be jointly developed to ensure that newcomers to Canada are better equipped to take advantage of opportunities to participate in the labour market and in their new communities. Ongoing consultation is also essential in determining how to spread the benefits of immigration more evenly throughout the country. The key to building and sustaining a dynamic and strategic immigration program is to strike a proper balance between maximizing the benefits of immigration and protecting the health, safety and security of Canadians. As we look to the future, we must maintain public confidence in the system through effective enforcement, while continuing to facilitate the entry into Canada of the immigrants the country will need for both economic growth and social development. At the same time, we must continue to honour Canada's commitment to provide safe haven to those in genuine need of protection.
The Honourable Denis
Coderre Introduction to the Report The information in this Report to Parliament is presented in conformity with the requirements of section 94 of IRPA (see Annex B for the full text from the Act). This report consolidates and expands on information which, prior to 2002, was included in the report on immigration activities prepared in accordance with the former Immigration Act and in CIC's annual immigration plan. The report also provides a list of the federal-provincial/territorial agreements currently in force, as required under IRPA subsection 8(1). This year's report builds on the first annual report developed under the new legislative requirements, which was tabled by the Minister of Citizenship and Immigration in October of 2002. [note 2] In sum, this document:
In addition to the core information presented, this report provides a brief description of the international context in which Canada's immigration programs operate and outlines the key challenges we face in maintaining a balanced and sustainable immigration program.
Canadian Immigration Canada is one of the few countries in the world to have successfully harnessed migration to take full advantage of its economic and social benefits. Canada is able to make immigration work to the benefit of both immigrants and Canadians through an official policy that encourages immigration and the granting of Canadian citizenship according to well-established objectives and criteria, through policies and programs that support the integration of newcomers into the labour market and into Canadian communities, and through careful management of its annual immigration plan. Canada draws its immigrant population from a great number of countries, and there have been significant shifts in primary source countries over time. For example, in 1980, the Socialist Republic of Vietnam and the United Kingdom [note 3] together accounted for some 29% of the movement that year. Since 2000, China and India have become the source countries for over one quarter of our new permanent residents. Our commitment to immigration is, nevertheless, inseparable from our determination to deny access to those who pose criminal or security threats to Canada and those who abuse our generosity through illicit or fraudulent activities. Ongoing intelligence and interdiction abroad, screening at borders and airport entry points and removal from Canada of those who have no legal right to be here are all integral activities within Canada's managed immigration system. Immigration has always been fundamental to the growth of Canada as a nation and to our history of achievement. From our earliest days as a nation through to the global transformations of recent years, hard-working people and their families have come to Canada from all over the world. Collectively, they have made a significant contribution to the development of our economy, our society and our culture.
Foreign Nationals as There are three basic categories for permanent residents:
In exceptional circumstances based on humanitarian, compassionate or public policy considerations, CIC also has the authority to accept as permanent residents foreign nationals who do not meet the usual selection criteria. In addition to selecting permanent residents, CIC grants temporary residence to foreign nationals who come to Canada to work, study or visit. Economic Class Immigrants To address current and future demands of the Canadian labour market, the criteria introduced in June 2002 through new legislation emphasize the selection of immigrants who can adapt and contribute to an evolving labour market. Rather than focusing on specific occupations, the emphasis is now on the selection of immigrants with transferable skills needed to succeed in a fast-changing, knowledge-based economy. The new regulations also place more emphasis on the applicants' education and proficiency in English or French. These skilled workers are also expected to have enough money to support themselves and their dependants as they settle in Canada. Applicants with arranged employment are awarded extra points under the new selection criteria. Business immigrants are specifically selected to support the development of a strong and prosperous economy. Canada welcomes three types of business immigrants: investors, entrepreneurs and self-employed persons. Investors must have business experience and must make an investment of $400,000 that is used for economic development and job creation. Entrepreneurs must own and manage a business in Canada that creates employment for Canadian citizens or permanent residents. Self-employed persons must demonstrate their intention and ability to be self-employed and to make a significant contribution to specified economic activities in Canada (in the areas of culture, athletics or farm management). Under the Provincial Nominee Program, provinces and territories may nominate individuals for an immigration visa on the grounds that they meet economic needs of the province. These individuals are not subject to the selection grid for determining eligibility. The Live-in Caregiver Program initially brings qualified caregivers to Canada on a temporary basis in situations where there are no Canadians or permanent residents to fill available positions. Live-in caregivers must be qualified to work without supervision in a private household providing care for children, sick or elderly people or persons with a disability. After two years, they are eligible to apply for permanent residence. Family Class Immigrants Reuniting families is an important principle of Canada's immigration policy. This priority component is based on the belief that people who immigrate to Canada will tend to establish themselves more easily if they are supported by their families. Immigrants may be sponsored by Canadian citizens or permanent residents who are close relatives. Applications under the family class may now be made for the spouse, common-law partner, conjugal partner, dependent child, parent, grandparent, grandchild, orphaned brother/sister and orphaned nephew/niece of a Canadian citizen or permanent resident. Sponsors are responsible for providing for the essential needs of their family members upon arrival and for ensuring that they do not become dependent on the Canadian social assistance system during a specified period of time. The protection of refugees is a key component of CIC's mandate and it is central to the new IRPA legislation. Placing more emphasis on the need for protection, the Act stresses the importance of saving lives and protecting displaced and persecuted persons, while also maintaining the integrity of Canada's refugee system and preventing its exploitation. IRPA's definition of refugee protection includes the criteria from the 1951 Convention Relating to the Status of Refugees, the 1987 Convention Against Torture (CAT), and the further criteria of risk to life or risk of cruel and unusual treatment or punishment. This reaffirms Canada's commitment to international efforts to help those most in need. Convention refugees are individuals who, because of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, are outside their country of nationality or habitual residence, and are unable or unwilling by reason of that fear to return to that country. Persons who are "in similar circumstances" do not meet the full definition of a Convention refugee, although they are seriously and personally affected by civil war, armed conflict or massive violations of human rights. Persons in need of protection are individuals in Canada whose removal to their country of nationality or former habitual residence would subject them to possible torture, risk to life, or risk of cruel and unusual treatment or punishment. Asylum In determining who is in need of protection in Canada, the new legislation features a number of measures designed to improve efficiency in processing claims for protection and a new requirement for processing eligibility for protected persons within three working days. The new IRPA regulations also strengthened refugee protection by introducing a formal safeguard tied to removal orders, the pre-removal risk assessment. This process ensures that risk to the individual is assessed before that person is removed from Canada, particularly in cases where there has been a change in the situation in the country of nationality or new evidence that indicates that the person needs protection. A PRRA is based on the risk of persecution, the danger of torture, and the risk to life or the risk of cruel and unusual treatment or punishment. Resettlement In addition to those who have made successful refugee claims from within Canada, protection is also extended to Convention refugees abroad and to persons in similar circumstances through the Refugee and Humanitarian Resettlement Assistance Program. Under this Program, CIC selects for resettlement in Canada a set number of refugees abroad for whom there is no other durable solution available within a reasonable period of time. In order to aid refugees and those in similar circumstances to resettle and rebuild their lives in Canada, assistance is provided through the Resettlement Assistance Program and the Private Sponsorship of Refugees Program. Under the Resettlement Assistance Program, the government ensures the delivery of essential services and provides income support for up to one year. Under the Private Sponsorship of Refugees Program, sponsors commit to receiving the refugees and providing them with accommodation, care, settlement assistance and emotional support for up to one year. In exceptional circumstances, and with the sponsor's agreement, this time frame can be extended to up to three years. International Protection To protect refugees and promote Canadian policy interests and values, CIC works with major international organizations and many other partners. These include the United Nations High Commission for Refugees (UNHCR), the International Organization for Migration, the European Union and the Intergovernmental Consultation on Refugees, as well as other UN agencies and non-governmental organizations involved in human rights and humanitarian assistance. For example, CIC played a key role in the development of the UNHCR's Agenda for Protection, which provides a blueprint for the future of refugee protection.
Federal-Provincial/Territorial Bilateral agreements for federal-provincial/territorial cooperation have been signed with nine provinces and one territory to date: Quebec, Manitoba, Saskatchewan, British Columbia, New Brunswick, Newfoundland and Labrador, Prince Edward Island, Yukon, Alberta and Nova Scotia. (Table 1 provides a list of these formal agreements, together with the date signed and the expiry date.) [note 4] In addition, the Department signed a memorandum of understanding on consultation with Ontario in February of 2002. The Canada-Quebec Accord relating to immigration and the admission of temporary residents, signed in 1991, is the most comprehensive of the 10 agreements on immigration. Under this agreement, Quebec sets its own annual immigration targets and has sole responsibility for selecting immigrants who wish to settle in the province (with the exception of refugees whose status is determined in Canada and members of the family class). The Government of Quebec also assumes full responsibility for providing orientation and integration services to new permanent residents. Of the other agreements, some relate exclusively to the Provincial Nominee Program, which allows provinces and territories to identify and nominate an agreed-upon number of individuals who will contribute to economic development by filling specific regional or local needs. Others are broader immigration frameworks that outline specific responsibilities, including consultation on legislative policy, policy and program changes that may affect the other party, and the sharing of information. The British Columbia and Manitoba agreements introduced measures to maintain and develop the roles and responsibilities of the two provinces and the federal government with respect to provincial design, administration, delivery and evaluation of settlement and integration services. In all instances, CIC retains responsibility for setting national standards and goals, defining immigrant classes and establishing the overall immigration levels each year. (The targets established by Quebec are included in the overall immigration levels.) CIC also manages entry into Canada and enforcement activities and ensures that Canada meets its international obligations regarding refugees. More recent agreements, such as the Canada-Nova Scotia Agreement on Provincial Nominees, the Canada-Saskatchewan Immigration Agreement and the Canada-Manitoba Immigration Agreement, include clauses that encourage the development of official language minority communities. Mechanisms exist to strengthen intergovernmental consultation and dialogue so that both levels of government are able to plan and coordinate their immigration-related activities and services more effectively. In addition to regular bilateral discussions, multilateral meetings were held at both the Assistant Deputy Minister and the Deputy Minister levels in 2002. It is also important to note that in October 2002, federal, provincial and territorial ministers responsible for immigration met in Winnipeg. Federal, provincial and territorial officials also participated in the Immigration Planning Table, which discussed ways in which the benefits of immigration could be shared more evenly across the country. Throughout the year, federal-provincial/territorial working groups examined key issues such as business immigration; regionalization strategies; integration services and language training; and the exchange of key program data, information and research. The federal-provincial/territorial Working Group on Settlement and Integration has undertaken a review of the settlement allocation model, which was introduced in 2000-2001.
Permanent Residents In 2002, a total of 229,091 people became permanent residents of Canada. [note 5] This number falls well within the planned target range of 210,000 to 235,000 new permanent residents. In 2001, a special federal investment, intended to reduce the inventories of immigrant applications at missions overseas, allowed CIC to admit a total of 250,346 new permanent residents. Of these 229,091 new permanent residents, 60% (138,506) were economic immigrants and their dependants; 28% (65,277) were in the family class; 11% (25,111) were refugees and other protected persons; and 1% were in the category of "other." This 60/40 split between the economic and the non-economic components is consistent with the 2002 immigration plan. Table 2 provides a more detailed breakdown by selection category. From a gender perspective, 51% of permanent residents were women (116,278) and 49% were men (112,811). However, the great majority of principal applicants in the economic class were men (73% or 43,234). The gender balance of this class changes to 53.4% males (73,987) and 46.6% females (64,519) when dependants are added. New permanent residents who entered Canada as live-in caregivers, however, were predominately female (82% or 1,633). In the family class, females comprised 61% (39,804) of new permanent residents, while males represented 39% (25,471). The majority of spouses, partners and children in this class were female (63% or 26,917) rather than male (37% or 15,856). As for the protected persons landed in Canada, 57.5% (or 6,059) were male and 42.5% (4,485) were female. In the government-assisted refugees category, 53% (or 3,953) were male and 47% (or 3,551) female. Greater parity existed between the numbers of privately sponsored refugee males (49.8% or 1,518) and females (50.2% or 1,526). The balance shifted with the dependants abroad of protected persons landed in Canada, of whom 57% (or 2,307) were female and 43% (or 1,712) were male. The number of new permanent residents in the provincial nominee category grew from 1,274 in 2001 to 2,127 in 2002. This increase results from new and expanded provincial nominee agreements signed between the federal government and most provinces. These agreements allow the recruitment of an agreed-upon number of economic immigrants to meet particular regional or local labour market needs. Permanent residents come to Canada from all over the globe. In 2002, 54% (122,939) of the new permanent residents came from 10 countries of origin. China and India continued to be the leading source countries, accounting for 27% (62,046) of the new permanent residents combined. The other top source countries, in descending order, were Pakistan, the Philippines, Iran, Korea, Romania, the United States, Sri Lanka and the United Kingdom. Table 5 (see Annex A) provides a breakdown of the 2002 permanent residents according to the top 10 source countries and comparisons with the two previous years. As for destination upon arrival, the vast majority of new permanent residents (over three quarters) settle in Canada's largest cities. About 49% of the 2002 immigrants indicated that they were destined for Toronto; another 14% intended to settle in Montréal and 13% in Vancouver. Table 6 (see Annex A) provides a breakdown of the 2002 newcomers by selection category and according to the province or territory where they intended to settle. In terms of language profile, 43.4% of the new permanent residents in 2002 reported speaking English, 4.7% French and 6% both official languages. The remaining 45.9% of newcomers spoke neither English nor French upon arrival. See Table 7 (in Annex A) for a comparison of immigration by language ability from 2000 to 2002. [note 6]
As previously noted, the Canada-Quebec Accord gives Quebec the authority to select immigrants who intend to settle in the province (with the exception of refugees whose status is determined in Canada and members of the family class). In 2002, 37,626 new permanent residents cited Quebec as their intended destination. (The plan adopted by the Government of Quebec for 2002 projected a range of 37,900 to 41,300.) Of this total, 62% (23,234) were in the economic class, 21% (7,938) were in the family class and 17% (6,454) were protected persons. Based on humanitarian, compassionate or public policy considerations, IRPA gives CIC the authority to accept as permanent residents of Canada foreign nationals who would not otherwise meet the requirements of the Act. IRPA also requires annual reporting on this activity. The previous legislation allowed CIC similar flexibility to address exceptional circumstances but did not require formal reporting. Under the new legislation, a total of 4,038 persons became permanent residents on humanitarian and compassionate grounds (between July 1 and December 31, 2002). Many of these individuals were family members of permanent residents or Canadian citizens and have thus been incorporated into the family class figures in Table 2. Smaller numbers of humanitarian and compassionate cases are also included in other categories in Table 2, including the category "other." The immigration plan for 2003, published in the 2002 Annual Report to Parliament on Immigration, projected a range of 220,000 to 245,000 new permanent residents. Table 3 offers a status report that shows how many people, by immigration class, became permanent residents of Canada between January and August of 2003. CIC is aiming to meet the low end of the 2003 target range, as well as the target ratio of 60% economic and 40% non-economic immigrants.
Temporary Residents In addition to the selection of permanent residents, CIC admits a wide range of temporary residents who come to Canada as workers, students or visitors. [note 13] The immigration program provides for the temporary entry of foreign workers and business people essential to economic development, foreign students attracted by the quality of our educational institutions, and tourists. These temporary residents contribute to Canada's economic growth by enhancing productivity and stimulating demand among Canadians for goods and services, and they enrich our educational institutions. One of the objectives of IRPA was to facilitate the movement of foreign workers and students into Canada. Generally speaking, foreign workers require a work permit that specifies the job, the employer and the length of time they will be working. In 2002, CIC admitted 87,910 foreign workers, for whom employment was authorized, to fill skills gaps in the domestic labour market. While this number represents a variation of 8% from the previous year (when 95,555 foreign workers were admitted), [note 14] this does not necessarily mean that Canada is admitting fewer foreign workers. The change in recorded numbers is likely attributable to the new regulations introduced in June of 2002. For example, fewer cases now require a work permit. Also, since the regulations were made consistent with NAFTA principles, many business visitors no longer require a permit to come to Canada to purchase Canadian goods or services, to sell goods or provide services, or to give or receive training. The United States and Mexico were once again the leading source countries for temporary foreign workers in 2002, with the U.S. accounting for 23% of the total (20,302 workers) and Mexico for 13% (11,393 workers). Canada also welcomes many foreign students every year. In 2002, 68,820 new foreign students with study permits entered Canada, compared with nearly 73,607 in 2001. This change of 6.5% can also be attributed, at least in part, to measures put in place under IRPA to facilitate the movement of certain categories of foreign students to Canada. For example, students registered in programs lasting six months or less no longer require study permits. The largest group of foreign students with study permits, 35% of the total, undertook university-level studies; others were enrolled in Canadian secondary schools, trade schools and other post-secondary institutions. South Korea and China continued to be the top sources for foreign students in 2002, with 20% of the total (13,774 students) coming from South Korea and 17% (11,395 students) from China. CIC issued over 600,000 visitor visas in 2002. In addition, visitor records are required for individuals wanting to remain in Canada for six months or longer without working or studying, and they may be issued for shorter periods to people involved in activities requiring work permits, such as business visitors under NAFTA. In 2002, CIC issued 128,735 visitor records, compared with 125,429 in 2001. Subsection 24(1) of IRPA authorizes CIC to issue temporary resident permits to foreign nationals who wish to enter Canada for a variety of reasons despite being inadmissible on medical, criminal or technical grounds. Issued for a limited period of time and subject to cancellation at any time, temporary resident permits give CIC the flexibility to address exceptional circumstances. A similar provision, known as Minister's permits, existed under the previous legislation (which was in force until June 27, 2002). There are, however, differences between the two legal regimes that make comparisons difficult. Under the previous legislation, CIC officers had discretionary authority, under exceptional circumstances, to allow individuals who were inadmissible to enter Canada due to a minor or technical contravention of the Act or Regulations to enter Canada for 30 days or less without having to issue a Minister's permit. The previous legislation did not require that these discretionary entries be reported to Parliament. In 2001, 8,919 individuals entered Canada under discretionary authority. As reported in CIC's 2002 Report to Parliament, 3,994 Minister's permits were issued under medical, criminal or technical grounds in 2001. In 2002, which was a transition year, 8,873 permits were issued. Under the previous legislation, a total of 1,901 Minister's permits were issued under medical, criminal or technical grounds from January 1 to June 27, 2002, and another 3,757 individuals entered Canada without permits under discretionary authority. In addition, 6,972 temporary resident permits were issued in accordance with IRPA during the period of June 28 to December 31, 2002. Thus, the total number of permits and discretionary entries in 2002 was 12,630. Table 9 in Annex A provides further details on the categories of the permits issued in 2002. [note 15]
The Immigration Plan The immigration plan for 2004 underscores the Government of Canada's ongoing commitment to balance the economic, family reunification and refugee protection components of the immigration program and to maximize the social and economic benefits to Canada. CIC will continue to aim for a 60/40 balance between economic and non-economic immigrants. This means that approximately 60% of the people selected in 2004 are expected to be in the economic class, which is comprised of skilled workers, business immigrants, live-in caregivers and provincial nominees, as well as their dependants. The balance of the newcomers would be in the family class and the protected persons class, as well as cases decided on humanitarian and compassionate grounds. Table 4 provides further details by selection category. While these figures are projections for the entire country, Quebec is responsible for developing and managing its own immigration plan under the Canada-Quebec Accord. Similar to CIC, Quebec [note 16] publishes an immigration plan each fall for the following calendar year, which includes provincial targets by immigrant sub-category. Subject to revisions to the plan, it is expected that Quebec will welcome 40,000 to 45,000 new permanent residents in 2004. These new arrivals would fall into the following sub-categories: 20,600 to 23,700 skilled workers; 3,200 to 5,000 business immigrants; 8,600 to 8,700 family class members; and 7,600 refugees.
Gender-Based Analysis of the CIC is committed to integrating gender and diversity considerations into its policy, program and legislative work. This involves a number of key activities: analysis and research; capacity-building within the Department; ongoing analytical support on policies, programs and legislation; and horizontal work with other federal and provincial/territorial government departments, as well as with domestic and international non-governmental organizations and stakeholders. Gender-based considerations are one of many factors that must be balanced in bringing forward policy, legislative or regulatory proposals relating to immigration. In some cases, measures can be taken to mitigate the potential differential impacts of an initiative on men or women. In other cases, however, systemic discrimination, socio-economic barriers or other conditions in source countries may pose special challenges. CIC is developing a policy framework for gender-based analysis in order to clarify roles and responsibilities regarding the Department's commitment to an integrated approach to gender-based analysis and the requirement to report on gender impacts. Making gender-based analysis an integral part of CIC policy and operations requires building internal capacity throughout CIC. Since its inception, the GBA Unit has been developing training courses in gender-based analysis. This training is supported by tools (such as case studies, policy examples, worksheets and research approaches) that have been customized to address issues related specifically to immigration and refugee protection. In 2002, the GBA Unit worked with the Department's International Region to design a pilot to train foreign service officers who deliver the immigration program in missions around the world. The Unit also provided assistance to the Refugees Branch regarding the training of pre-removal risk assessment officers on gender-related risk. In addition to analysis and staff training, the GBA Unit works with other divisions across CIC to help them integrate gender-based analysis into their ongoing activities. In 2002, the Unit consulted with various areas of the Department to provide input into policy documents, research plans and specific research initiatives. For example, the GBA Unit worked with the Refugees Branch in the context of the Safe Third Country Agreement, with the Enforcement Branch in relation to trafficking and smuggling, and with the Integration Branch in relation to the proposed new citizenship legislation. Conclusion:
Key Challenges The Department's ability to plan and achieve a specified immigration target depends on many factors, including changes in the world economy that affect the number of individuals applying to immigrate to Canada, global conflicts that displace populations and create refugees, the situation in their countries of origin and the availability of documentation, the resources dedicated to selection and processing in Canada and in CIC's missions abroad, and Canada's ability to integrate new immigrants. A key public policy challenge relates to the need to attract, retain and better utilize the skills of immigrants. Bringing in workers with the right skills is essential to our nation's development and prosperity and to our ability to compete in a global economy. Since the mid-1990s, CIC has taken concrete steps to increase the number of economic immigrants and their families within the overall influx. The selection criteria under IRPA put a greater emphasis on education, work experience, skills and language ability. The education level of immigrants continues to rise and, in fact, the number with post-secondary education is higher than that of the overall Canadian population. [note 17] However, the research evidence points to gaps in labour market performance between immigrants and the Canadian-born that must be addressed. CIC thus recognizes the need for further strategies to help ease the transition of newcomers into the Canadian labour market and to facilitate their social integration into Canadian communities. For example, the Department is currently working with partners across the country to develop new initiatives to help adult immigrants improve their official language skills. As part of the federal Innovation Strategy, the Government of Canada is committed to working in partnership with the provinces and territories, professional regulatory bodies and stakeholder groups to address the barriers to successful economic integration. An important objective is the development of fair and transparent processes to assess and recognize foreign credentials before and after an immigrant's arrival. Also, CIC is implementing measures to ensure that high-priority skilled worker cases, especially those with arranged employment, are processed as expeditiously as possible. A significant majority of new immigrants settle in Toronto, Vancouver and Montréal, thus having a major impact on the infrastructure and services of these cities. Many other regions of Canada, however, would like to encourage more immigrants to settle in their areas to contribute to their economic development and help them access international trade markets. CIC and its provincial/territorial partners are exploring ways to encourage settlement in smaller cities and rural areas to take the pressure off the three largest urban areas and spread the benefits of immigration more evenly throughout the country. CIC has made a commitment to develop a regional distribution strategy with the provinces/territories so that all regions throughout the country have an opportunity to benefit from immigration. Key tools to help CIC work towards its immigration goals in more effective and efficient ways have already been implemented, or are under way. The Immigration and Refugee Protection Act and the corresponding regulatory changes, which came into effect in June 2002, introduced a new selection system for skilled workers and business immigrants to better serve the needs of the Canadian labour market. The legislation streamlined procedures for the entry of temporary foreign workers and students, and it updated provisions defining family sponsorship. At the same time, the new legislation strengthened enforcement measures targeting those who seek to circumvent the law.
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Annex
A:
Table 9-a: Pre-IRPA Minister's permits issued from January 1 to June 27, 2002, to persons seeking to enter Canada and found to be inadmissible
Table 9-b: Post-IRPA Temporary resident permits issued from June 28 to December 31, 2002, to persons seeking to enter or remain in Canada and found to be inadmissible under IRPA (issued outside Canada, at a port of entry or inland)
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Annex
B: Section 94 of the Report to Parliament 94(1) The Minister must, on or before November 1 of each year or, if a House of Parliament is not then sitting, within the next 30 days on which that House is sitting after that date, table in each House of Parliament a report on the operation of this Act in the preceding calendar year. (2) The report shall include a description of:
Annex
C: Business Immigrants Business immigrants include three classes of immigrants -- investors, entrepreneurs and self-employed people. Business immigrants become permanent residents on the basis of their ability to become economically established in Canada. The spouse and children of the business immigrant are also included in this category. Convention Refugees Persons who, by reason of a well-founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group, or political opinion, are (i) outside their countries of nationality and unable or, by reason of that fear, unwilling to avail themselves of the protection of those countries; or (ii) not having a country of nationality, are outside the country of their former habitual residence and unable or, by reason of that fear, unwilling to return to that country. Dependants [note 23] The spouse, common-law partner or conjugal partner and children of a landed immigrant. A dependent child is either a biological child or an adopted child. Children can be dependent if they meet one of the following conditions:
Before June 28, 2002, dependants were defined as the spouse of a landed immigrant and the children of that immigrant who were unmarried and under 19 years of age; or continuously enrolled as full-time students in an educational institution and financially supported by their parents since reaching age 19 (or if married before age 19, from the date of their marriage); or due to a medical condition, were unable to support themselves and were dependent on their parents for financial support. Economic Immigrants People selected as permanent residents for their skills and ability to contribute to Canada's economy, including skilled workers, business people and provincial nominees. Entrepreneurs Immigrants admitted to Canada as permanent residents by demonstrating that they:
Family Class A class of immigrants to Canada made up of close relatives of a sponsor in Canada, including a spouse, common-law partner or conjugal partner; dependent children; parents and grandparents; children under age 18 whom the sponsor intends to adopt in Canada; children of whom the sponsor is the guardian; brothers, sisters, nephews, nieces and grandchildren who are orphans under age 18; and any other relative, if the sponsor has no relative as described above, either abroad or in Canada. Family Member This term is used in the IRPA legislation to replace "dependant" when referring to a member of a person's immediate family. See "Dependants" above for a full definition. Foreign Student A temporary resident who has been approved by an immigration officer to study in Canada. The study permit identifies the level of study and the length of time the individual may study in Canada. Students do not need a study permit for courses of six months or less if they will finish the course within the period of stay authorized upon entry, which is usually six months. Before June 28, 2002, students did not need a study permit for English and French as a second language courses of three months or less. Every foreign student must have a student authorization, but may also have been issued other types of permits or authorizations. Foreign Worker A foreign national who has been authorized to enter and remain in Canada, on a temporary basis, as a worker. This category excludes foreign students and people who have been issued employment authorizations for humanitarian reasons. Every foreign worker must have an employment authorization, but may also have other types of permits or authorizations. Government-Assisted Refugees People who are selected abroad for resettlement to Canada as Convention refugees under the Immigration and Refugee Protection Act or as members of the Convention Refugees Abroad Class, and who receive resettlement assistance from the federal government. Investors Immigrants admitted to Canada as permanent residents because they:
The Canadian government allocates the investment to participating provinces and territories, which guarantee the investment and use it to develop their economies and create jobs. The investment is repaid, without interest, after five years. Landing The permission given to a person to live in Canada as a permanent resident. An immigrant who has been "landed" is a permanent resident. Live-in Caregivers Temporary residents of Canada who have successfully completed the equivalent of Canadian secondary school; have six months of full-time training in a field or occupation related to that for which they are seeking a work permit; are able to speak, read and understand English or French at a level sufficient to communicate effectively in an unsupervised situation; and sign an employment contract with the future employer. Participants in this program may apply for permanent resident status in Canada after completing two years of live-in caregiving employment within three years of arrival in Canada. Other This category includes people classified as post-determination refugee claimants or members of the Deferred Removal Order Class. Permanent Residence for Protected Persons in Canada People who have been determined to be protected persons by the Immigration and Refugee Board in Canada or through the pre-removal risk assessment, and who have been granted permanent residence as a result. Principal Applicant (Business Applicant) The person who best meets the definition for one or more of the types of business immigrants and in whose name the application for immigration is made. Principal Applicant (Economic Applicant) The person who is likely to earn the most points in the self-assessment and in whose name the immigration application is made. Privately Sponsored Refugees Refugees selected abroad for resettlement to Canada who receive resettlement assistance from private sources. Provincial Nominees Immigrants selected by the provinces and territories for specific skills that will contribute to the local economy. The Regulations establish a provincial nominee class, allowing provinces and territories with agreements with CIC to nominate a certain number of workers. A nominee must meet federal admissibility requirements, such as those related to health and security, but is not subject to the selection grid applied to federal skilled workers. Refugee Protection Claimant A person who has arrived in Canada and is seeking protection. If such a person receives a final decision that he or she has been determined to be a protected person, he or she may then apply for permanent residence. Self-Employed Persons Immigrants who have shown (i) that they can and intend to create their own employment in Canada and (ii) that they can contribute significantly either to the Canadian economy as farmers or to the cultural or athletic life of Canada. Skilled Workers Immigrants selected for their skills to help ensure their success in a fast-changing labour market. The Regulations stress education, English or French language abilities and work experience involving certain skills, rather than specific occupations. _______________ Notes: 1. For highlights and the text of the Act, see: www.cic.gc.ca/english/pub/imm-law.html. 2. The 2002 Annual Report can be found at www.cic.gc.ca/english/pub/index-2.html. This link also provides access to CIC's Performance Report for the Period Ending March 31, 2003 and Report on Plans and Priorities for 2003-2004, both of which will provide an overview of key activities across the Department. 3. The term "United Kingdom" also includes England, Scotland, Northern Ireland, Wales, the Channel Islands, British citizens, British overseas citizens and British nationals overseas. 4. For more information, see: www.cic.gc.ca/english/policy/fedprov.html. 5. CIC's Facts and Figures 2002, available at www.cic.gc.ca/english/pub/index-2.html, provides more detailed statistical information on immigration activity in 2002 and comparisons with the two previous years. Also, CIC's statistical newsletter, The Monitor, offers an analysis of the 2002 immigration levels at www.cic.gc.ca/english/monitor/issue02/02-immigrants.html. 6. Note that the IRPA Regulations, which came into effect in June of 2002, place a greater emphasis on proficiency in English or French for the skilled worker group. 7. Source: Facts and Figures 2002: Immigration Overview, which is available at: www.cic.gc.ca/english/research/manu-fact.html. 8. Table 8 (see Annex A) breaks down the skilled worker and business immigrant categories into principal applicants and spouse/dependants. Note that the new IRPA legislation replaces the term "dependant" with "family member." 9. The slight discrepancy between the overall total and the total of the two gender columns is the result of unavailable information for these few cases. 10. This figure has been calculated against the low end of the 2003 plan. 11. As of July 2002, landings in the live-in caregiver category are included under the category of "economic class" rather than "other," to be consistent with the new IRPA categories. 12. Includes deferred removal order class, post-determination refugee claimant class and permit holders. 13. More detailed statistical information on both temporary workers and foreign students can be found in CIC's Facts and Figures: Statistical Overview of the Temporary Resident and Refugee Claimant Population (see www.cic.gc.ca/english/research/manu-fact.html). CIC's statistical newsletter, The Monitor, has an analysis of these two categories and is available at: www.cic.gc.ca/english/monitor/current.html. 14. This discussion on foreign workers and the following one on students relate to the number of individuals, rather than to the documents issued. It should be noted that, in both cases, an individual may have more than one document. 15. Note that up to the end of June, these permits were issued in accordance with the earlier immigration legislation and, for July to December, in accordance with IRPA. 16. For further details, see the Government of Quebec's Web site: www.immigration-quebec.gouv.qc.ca/anglais. 17. According to the 2001 Census, 61% of recent immigrants aged 25 to 64 have post-secondary qualifications. By comparison, 53% of the Canadian working age population (both native-born and immigrant) have post-secondary education. 18. Source: CIC's Facts and Figures 2002, page 8. Note that these numbers include both principal applicants and dependants. 19. Information on destination was not available for 42 cases. 20. Source: CIC's Facts and Figures 2002, page 12. Note that these figures include both dependants and principal applicants. 21. Source: CIC's Facts and Figures 2002, pages 74-75 and 92-93. 22. Note that from January to June of 2002, these permits were issued in accordance with the earlier immigration legislation and, from July to December, in accordance with IRPA. 23. Note that IRPA replaced the use of the term "dependants" with "family members."
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© Minister of
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Important Notices | |
