The program formerly known as “Expression of Interest” will now be referred to as “Express Entry”. Citizenship and Immigration minister Chris Alexander announced on April 8^th, 2014 that Express Entry is set to launch in January 2015.

Express Entry will be open to skilled workers and will target labor shortages where they are no available Canadian workers. The primary distinction between this program and the Temporary Foreign Worker Program is, candidates under the Express Entry program who receive a valid job offer, or nomination under the Provincial Nominee Program (PNP) will be invited to apply for permanent residency.  

Qualified applicants can also look forward to faster processing times of less than 6 months when invited to come to Canada under: The Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, and a portion of the PNP.

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In Hong Kong, the Minister discussed Canada’s intention for the Economic Action Plan 2014. This plan will replace the Immigrant Investor Program with new pilot programs. Continuing his visit in Shanghai, he discussed with the Canadian Chamber of Commerce issues relating to international education as China remains one of the top source countries for students coming to Canada.

During both visits, the Minister further highlighted the many pathways available for aspiring permanent residents by reiterating the active recruitment model known as the “Expression of Interest” (EOI) system. He explained that this system will allow faster visa processing for newcomers who hold the skills and attributes that Canadian employers require for job positions that Canadians cannot fill.

Minister Chris Alexander also implemented the use of social media as he hosted a chat with Chinese citizens with a site that closely resembles twitter, called Weibo, to highlight the variety of pathways for those who want to immigrate to Canada.

To conclude the visit, the Minster was quoted saying,

“Canada is a welcoming place for Chinese visitors and students, and our permanent economic immigration programs offer many options for those looking to make Canada their home. This trip provided our government with the opportunity to highlight the various opportunities that exist within Canada and reinforce the strong ties between our two countries.”

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Mario Bellissimo was recently interviewed in an article appearing in the Toronto Law Journal entitled Compromising Change; a Canadian Immigration Retrospective.  The objective of the article was to discuss the impact of recent changes to Canadian immigration policy and to get a sense of the direction Canadian immigration is heading.

On changes to the Temporary Foreign Worker Program (TFWP), Labour Market Opinion (LMO) process, Expression of Interest (EOI), and to the Parent and Grandparent Program (PGP) Mario Bellissimo commented:

“The policy has shifted towards qualified facilitation (economic) and away from other classes and in particular the family class”.

The speed at which changes have been implemented by Citizenship and Immigration Canada, and the absence of meaningful public consultation or debate are discussed. Mario Bellissimo suggests that this:

“fast and furious reform seems to be outpacing an overall cohesive vision moving forward”.

The introduction of Ministerial Instructions was agreed to be the biggest “game changer” to Canadian immigration law.  Ministerial Instructions allow the Minister to make major changes to immigration selection criteria without requiring legislative or regulatory amendments, and with no opportunity for parliamentary or judicial review.

The article also touches on the problematic nature of the government’s choice to use retroactive laws, and specifically the decision to terminate nearly 300,000 Federal Skilled Worker applications dating back to 2004. Mario Bellissimo is quoted as saying:

“Certainty of selection, if the termination stands, legally and otherwise will be relegated to the scrapheap, replaced by a reality of looming retroactivity whenever the perceived need arises. This legal foundation in my mind is not sustainable as immigration categories will become moving targets…. this is a serious blow to the integrity of our immigration system and government.”

The author echoes this position by saying the unilateral policy changes undermine the ability of Canadians to decide the best ways for new immigrants to contribute to society. The trend is moving away from attracting temporary workers and allowing them to stay as permanent residents and citizens. One of Canada’s goals is to attract immigrants who will contribute economically and socially to Canadian society, but for many highly skilled economic migrants the ability to sponsor family members to Canada is also of paramount importance. Mario Bellissimo commented:

“Our lens must change. We must first closely and carefully study social as well as economic fusion and functionality across all categories. Second, the family class need not only be thought of as a non-economic category and economic migration as a category that does not impact our nation building”

Looking forward, there is a sense that procedural fairness must be addressed for Canada to regain its competitive position internationally and its reputation as a nation built on economic, social and cultural openness.

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The new system is set to launch in January 2015.  It will be used to manage applications for the following five immigration programs:

• Federal Skilled Workers
• Federal Skilled Trades
• Canadian Experience Class
• Business Class
• Provincial Nominees

With the introduction of an Expression of Interest system, Canada will no longer process all applications in the chronological order they were received. Applications will be processed in two separate stages.  Stage 1 will be the application to the desired visa class; including language test results, education and professional skills assessments, and all other required documentation.  Stage 2 will be the inclusion of the applicant into an EOI database. Employers can search the database and identify candidates for job interviews. It is through this second stage that immigrant skill sets are to be matched with labour market needs before the application processing is complete.

Commentary on the proposed new EOI immigration system has come from the government’s official opposition, the Ontario Chamber of Commerce, and the CBA.  Areas of concern surround the absence of details available on how this proposed EOI system will be implemented.  Public consultation, the future role of LMOs, the possibility of an appeals process, and processing times are also areas of great concern.

To read an open letter on the CBA’s position on EOIs please click here. See also this video of Mario Bellissimo’s comments in his role as Chair of the National Immigration Law Section of the Canadian Bar Association.

Source

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