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Post election expectations
With the Conservative Party returned to power in Canada following the general election on 14th October, it is now expected that the immigration reforms proposed in March of this year may finally be introduced.
However, what formthe changes will take, and whenthey will happen, is still the subject of much speculation.
THE RESULT
The Conservatives, led by Stephen Harper, won 37.6 per cent of the vote and 143 seats in the Canadian parliament. The Party gained seats by making inroads in suburban ridings heavily populated by recent immigrants.
Rudolf Kischer, an immigration lawyer based in Vancouver, believes that the Conservative Party's reelection "sends a strong message that their approach of apologising for historical wrongs to both the Chinese and Indian Canadians has paid large dividends."
With the credit crunch looming large in Canadian minds, the campaigns of the leading parties were largely fought with fiscal issues to the fore.
Harper clearly had the edge over his closest rival, the Liberal Party's Stephane Dion, which won 26.2 per cent of the vote.
Although Conservative gains amount to a 16-seat increase over the previous parliament, the Conservatives are still 12 short of a majority in the 308-seat parliament.
HOPES RISE
Despite failing to win a majority, the Conservative's increases could help mooted immigration reforms finally see the light of day, even if – as speculated – the immigration minister, Diane Finley, stands down for health reasons.
A bill – C50 – was passed earlier this year which contained proposals designed to speed up Canada's immigration system and thereby address skilled worker shortages more quickly. However, the election was called before the reforms could be introduced.
It it widely expected that the immigration reforms will give the minister the authority to issue instructions to immigration officers on the processing of applications, including with regard to jobs available in Canada, so that people with those skills and experience can be brought to Canada more quickly.
The Minister's instructions will apply to categories of applicants, not individuals, and is expected to be formalised in terms of a list of skills in high demand. Should applicants have a skill on the list, and fulfil the other immigration criteria, their application will be fast-tracked.
However, the potential implications for those who do not have a skill on this 'priority processing list', such as increased waiting times, are as yet unclear.
WHAT, AND WHEN?
With the minister's instructions expected before the end of the year, some immigration professionals are anticipating far-reaching changes to the immigration system.
"It will dramatically change the landscape of immigration to Canada," Kischer predicts.
Under the old Skilled Worker system suspended in February this year, applicants could apply to Canada if they had the skills, education and language ability that met the requirements and, eventually, their application would be processed without the need to have a confirmed job offer in Canada.
"It is my opinion that we will most likely see a set of instructions that will return any applications for the Skilled Worker class received after 28th February 2008 that do not include a job offer to work in Canada," Kischer explains.
He does, though, believe that there will be exceptions to this rule: "There will be a shortlist of designated occupations, likely to include tradespeople such as bricklayers and carpenters and health professionals such as nurses and doctors.Such applicants will not require a job offer."
According to one source, the shortlist will cover 35 occupations, but we were unable to confirm this before Emigrate Canada went to press.
Exceptions aside, Kischer concludes "The days of immigrants coming to Canada without a job offer have come to an end."
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