New Canadian immigration law to replace statute

Canada will soon implement a new immigration law to replace the statute based on occupation and skills.

The law will also take into account the security aspect following the September 11 attacks. The Immigration and Refugee Protection Act will come into effect from June 28 as Canadian authorities want to give notice to applicants of the proposed changes.

The Immigration Section at the Canadian Embassy in Abu Dhabi said the new act is the first extensive legislative change, affecting Canada's immigration and refugee protection programme in the last 25 years.

Quoting Denis Coderre, Canadian Minister of Citizenship and Immigration, the embassy on Wednesday said he also plans to amend transition regulations to allow more skilled workers to be assessed under the current selection grid until January 1, 2003.

The minister outlined his intent that the implementation date of the new act supports many of the government's objectives in immigration and refugee matters, as well as border security issues.

The UAE is a lucrative hunting ground in the region for immigration support agencies and lawyers. Over the years, a large number of expatriates, especially from India and Pakistan, have moved to Canada.

Some of these immigrants now have returned, after getting Canadian nationality, to work again in the UAE. Many more expatriates have either applied for immigration or planning to submit their applications. These are the people who will be affected somehow with the new law and the planned amendments in the Canadian immigration rules.

The Canadian minister said the embassy here is proposing that those skilled workers and business immigrants who applied before December 17, 2001, and have not received a selection decision by June 28, 2002, will continue to be selected under the current selection criteria until January 1, 2003.

Skilled workers and business immigrants who applied before December 17, 2001, and have not received a selection decision prior to January 1, 2003, will be subjected to the proposed selection criteria and a proposed transition pass mark of 70 points (reduced from 75).

Application submitted after December 17, 2001, where a selection decision is not reached by June 28, 2002, will be subjected to the proposed selection criteria and a pass mark yet to be determined. The proposed pass mark in the pre-published regulations is 80 points.

Before a final decision is made on the proposed pass mark, the Canadian minister will consider the forthcoming recommendations of the House of Commons Standing Committee as well as comments received during the recent pre-publication period.

Canadian authorities expect that the proposed lower pass mark of 70, as opposed to 75 originally planned, will further lessen the impact of the transition to the new rules. The minister will soon table the last group of proposed regulations for public and parliamentary consultation.

The embassy said all skilled workers and business immigrant visa applicants have the option of withdrawing their applications. Such candidates can request a refund provided their applications have not passed through the preliminary evaluation (paper screening). The refund must be requested through the office where the visa application was submitted.

Under the security agenda of the Canadian government, the Ministry of Citizenship and Immigration has been planning to introduce a Permanent Resident Card from June 28, 2002.

It is also pursuing the Smart Border Declaration and a 30-point action plan, as well as allocating resources from the 2001 federal budget to key enforcement activities.