Changes To The Skilled Worker Class
By: ()
Introduction
Immigration Canada announced on September 18, 2003 several important changes to the Skilled Worker Class (previously called the Independent Class). These changes will eliminate what many people, both lawyers in Canada and prospective immigrants abroad, have seen as an unfair set of rules. These changes will make it easier for new applicants to come to Canada, while preserving the rights of existing applicants who have not yet received a decision.
The Old Law
On June 28, 2002, a new Immigration Act became the law of Canada. It replaced a statute that had been on the books since 1978. While many changes were welcomed, the changes to the Skilled Worker (or Independent) Class came in for a lot of criticism.
Under the old immigration law the passmark was 70, but there were only about 100 occupations that had enough points to allow someone to qualify. The new Immigration Act greatly expanded the number of potential occupations. There are now several hundred jobs that may potentially quality for immigration.
Unfortunately, the Government also raised the passmark to 75. In fact, the proposed draft regulations asked for the passmark to be 80, but pressure from the Canadian Bar Association caused the Government to lower it to 75 points. Even so, it was still higher than the old passmark.
The New Law - September 18, 2003
The Government was forced to change the immigration law for skilled workers. The most important change is that the new passmark is now 67 points. This will make it a lot easier for many people to immigrate to Canada. The government has not announced any changes at this time to how the points are allocated.
Before September 18, 2003 it was extremely difficult for a highly skilled worker to qualify unless he or she was married to a person who held a University degree, or if they had not studied or worked in Canada for at least a year.
There is an important feature that helps those who applied under the old law. All applicants who filed an application for permanent residence before January 1, 2002 will be assessed under the old law that existed at the time they filed the application. If they do not qualify under the old law, their cases will automatically be assessed under the new law, with the lower passmark of 67 points. They will get a second chance.
All persons who filed their cases after January 1, 2002 will be assessed under the new law, with the lower passmark of 67 points.
At Velletta & Company we were saddened at the former changes to the immigration law. We felt that they were unfair and not worthy of a democratic country. We are pleased that these new changes were made, as they are fairer to all applicants. Canada needs skilled workers. Contact us at grof@victorialaw.ca if you wish assistance with an existing case, or a new case. Remember, the Canadian government can change the passmark again if they wish. If you want to immigrate to Canada, you should file your case now, so if the law changes again, your case will be reviewed under today's law.
