Joginder Singh Toor writes from Toronto

IMMIGRATION and Refugee Protection Act, respecting immigration to Canada and grant of refugee protection to persons who are displaced, persecuted or endangered, in its present form was assented on 1st of November 2001 by her majesty. To regulate the procedure for entering Canada as a permanent or temporary resident or for obtaining convention refugee protection the Immigration and Refugee Protection Regulations were framed which contain elaborate but tough procedures to be followed for making an application for entering Canada.

The act provides that a foreign national must make an application to an officer appointed for the purpose, complying with the regulations. A foreign national may be selected as a member of the family class on the basis of his relationship to the sponsor or as a member of the economic class on the basis of his ability to become economically established in Canada or as a skilled worker on the basis of the points earned or as a person who under the Act is a convention refugee or as a person in similar circumstances, taking into account Canada’s humanitarian tradition with respect to the displaced and the persecuted.

A permanent resident visa is issued to foreign national who is a member of the class referred to in the Act such as family class or economic class, consisting of federal skilled worker class, provincial nominee class, the entrepreneur class, the self-employed persons class, transitional federal investor class, tradition federal entrepreneur class etc.

For a foreign national who intends to reside in the province of Quebec, the competent authority of the province is to be satisfied that the foreign national meets the provincial selection criteria. In some of other provinces also, there are provincial selection norms allowing foreign nationals of certain categories such as agricultural, business and entrepreneurial.

For economic class, there are certain educational credentials which include any diploma, degree or trade or apprenticeship credentials issued on the completion of a program of study or training at an educational training institution recognized by the authorities responsible for registering, supervising and regulating such institutions. The institutions must have provided at least 15 hours instructions per week.

Federal skilled workers includes a class of persons who are skilled workers and who may become permanent residents on the basis of the ability to become economically established in Canada and who intend to reside in a province other than the province of Quebec.

To be a skilled worker, a foreign national must have in the proceeding 10 years the date of application at least 1 year of continuous full time employment experience, having 37.5 hours of experience per week or equivalents in continuous part time employment in one or more occupations other than restricted occupations.

 A skilled worker is supposed to earn 67 points for entering as a permanent resident in Canada. The points to be earned are described in the regulations under different heads such as 1) education points, a maximum of 25 points to be awarded in the manner:

a) 5 points for secondary school education credential

b) 12 points for 1 year post- secondary education credential than a university educational credential and of at least 12 years of completed full time or full time equal studies

c) 15 points for 1 year post secondary education with 13 years total completed full time study

d) 20 points for 2 years post secondary education with total 14 years complete full time study

e) 22 points for 3 years post-secondary total 15 years of education study or 2 or more university education credential with 15 years of full time or equivalent education

f) 25 points for master or doctoral level educational credentials with at least 17 years of completed educational studies. One must fall in any one of the above categories.

If number of completed years education are less than the required period of studies, the maximum points would be given equal to the number of years of education not the maximum number meant for the category.

Language carries 24 marks, it consists of 4 elements, speak, listen, read and write. If the skilled worker’s proficiency for each of 4 abilities corresponds to bench marks 8 or higher, he earns 24 marks. With 6 or 7 bench marks, 2 points for each element, and for 4 and 5 bench marks, one point for each. Having proficiencies in the second official language, maybe English or French, 2 points for each ability if the bench mark is 8 or higher can be earned.

21 points are granted for full time work experience during proceedings 10 years of the date of application a) for one year work experience, 15 points b) 2 years experience 17 points c) 3 years work experience, 19 points d) 4 years work experience earns full 21 points, the experience should be in the listed occupations other than restricted occupations.

10 points are given for age considerations if the age is between 21 or older but less than 50 years. 8 points for 20 or 50 years of age, 6 points for 19 or 51 years of age, 4 points for 18 or 52 years of age, 2 points for 17 or 53 years of age, and 0 points for less than 17 or older than 53 years of age.

Arranged employment earns another 10 points.  A skilled worker who has an arranged employment in Canada in an occupation that is listed skilled type 0 management occupation or skill level a or b of the national occupational matrix provided the skilled worker holds a work permit, is able to accept and carry out the employment and there is a determination by the officer under section 203 that the performance of employment by the skilled worker would be likely to result in neutral or positive effect on the labour market in Canada and meets al of the requirements under regulation 72.

Adoptability carries another 10 points which are to be awarded to a skilled worker on the basis of any combination of the element (a) educational credentials of the accompanying spouse or accompanying common law partner providing 3, 4 or 5 points to be determined. Additionally previous studies in Canada by the applicant or his spouse or common law partner, any pervious work in Canada, or being related to the person living in Canada in relationships mentioned  in regulation 83 and educational credentials of his spouse depending upon the points awarded to the applicant for this own education qualifications, 5 points can be added.

The procedure for counting points is elaborately given in the regulations which has to be gone though minutely.

Family class of a person is spouse, common law partner or conjugal partner, a dependent child, mother or father, the mother or father of the sponsors mother or father, a person whose parents are deceased is under 18 years of age, is the child of the sponsors mother or father. A child of the sponsor’s child. A legally and genuinely adopted child. Or a child’s whom a sponsor genuinely intends to adopt in Canada.

The Regulations contain a detailed procedure for making an application, the documents required and the manner of presenting application. The categories of foreign nationals to be admitted as permanent residents are also exhaustively given which need a close examination. A reference to the Regulations and the Provisions of the IRP Act is a must before making an application.  The Minister for Immigration has been given power to change categories of persons, the precedence of selection and the selection criteria. The latest applicable on the date of filing application is to be checked. It is however a tough affair but not in comprehensible.

[The writer, a senior lawyer and a commentator on public affairs is currently visiting Canada jogindersingh_toor@yahoo.com]

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