Category: News/Blog

In the recent decision of Azari v. Canada (Citizenship and Immigration), 2024 FC 34, the Federal Court of Canada emphasized the importance of transparent decision-making in temporary residency applications. This decision could have far-reaching implications for all temporary resident applicants.

The case itself revolves around a judicial review sought by Mr. Azari, a citizen of Iran, whose work permit application under the Temporary Foreign Worker Program with a positive Labour Market Impact Assessment (LMIA) in the high wage stream was denied. The immigration officer cited concerns about Mr. Azari’s ability to leave Canada at the end of his stay and asserted a lack of significant family ties outside the country.

Reasonableness of the Immigration Officer’s Decision

According to the Federal Court’s review, an immigration officer’s decision can be considered reasonable when it’s based on an internally coherent and rational chain of analysis, justified in relation to the applicable facts and laws. The Federal Court emphasized that intervention is only warranted if there are serious shortcomings that undermine the justification, intelligibility, and transparency of an officer’s decision.

Key Findings

The decisive issue the Federal Court focused on here was the officer’s assertion that the applicant lacked significant family ties outside of Canada. Notably, the Global Case Management System (GCMS) notes revealed that the officer failed to address the evidence presented by the applicant on his Family Information form, which listed his mother, father, sister, and brother residing in Iran, contradicting the officer’s determination.

Judgment and Significance

As such, the key takeaway from this decision is that immigration officers must provide clear justifications for their determinations, especially when assessing significant family ties. The Federal Court highlighted that if an applicant’s Family Information form lists family members residing outside of Canada, the immigration officer must address this information in the GCMS notes.

Here, the Federal Court found the officer’s decision unreasonable, emphasizing the failure to address Mr. Azari’s Family Information form, which contradicted the officer’s assertion of a lack of significant family ties outside Canada. The judgment granted Mr. Azari’s application for judicial review, setting aside the immigration officer’s decision and remitted the matter to a different officer for redetermination. The decision sets a precedent, affirming that a lack of transparency and justification in the decision-making process renders it unreasonable.

Conclusion

Azari v. Canada (Citizenship and Immigration), 2024 FC 34, is a milestone ruling that upholds the principles of transparency and accountability in immigration decision-making. The Federal Court’s intervention here empowers applicants to rely on the information provided in the immigration forms that they submit with their application. This decision also underscores the need for immigration officers to thoroughly consider all submitted documents and provide clear and well-founded reasons for their decisions. As this case moves forward for redetermination, it leaves immigration law practitioners hopeful that the judgment rendered will shape the landscape of temporary residency applications, leading to fairer and more transparent evaluations for future applicants.

Bill C-19, which amends parts of the Immigration and Refugee Protection Act related to the selection process of economic immigration candidates from the Express Entry pool, received royal assent on June 23, 2022. With this assent, the Express Entry System, an online two-step application management system for key economic immigration programs, is undergoing one of its biggest changes since its implementation in January 2015.

Before these changes, the Express Entry system relied on a points-based system to rank Express Entry candidates in a pool against each other and issued invitations to complete an immigration application to those that met the minimum Comprehensive Ranking System (CRS) score cut-off set for that round of invitations. Only certain provinces and territories through their Express Entry-based provincial nominee programs would target candidates in the pool based on their labour market and demographic needs.  

Moving forward, the Minister of Immigration, Refugees, and Citizenship Canada (IRCC) will be granted the authority to create new categories to rank and group Express Entry candidates and subsequently issue invitations to apply based on these groupings. Each category created will need to support an economic goal in Canada and the eligibility requirements to be a member of a category will be established by the Minister of Immigration. In addition, the goal of each round of invitations as well as the eligibility requirements must be published by the Minister of Immigration on IRCC’s website. The process for determining the categories is still being developed. However, the categories could be based on National Occupational Classification (NOC) codes, educational background, work experience, current occupation, official language(s) skills, or intended provincial or territorial destination.

Proponents of the new changes believe that these groupings will allow IRCC to shape rounds of invitations to candidates with in-demand skills and qualifications needed to address economic challenges faced by Canada. However, there are concerns that Express Entry candidates who have worked hard to obtain high CRS scores may not be selected if they do not fall into a particular category of interest for that given round of invitation. Further, the fact that programs are already in place that allows provinces and territories to select candidates from the Express Entry pool who meet a particular need in their region, raises some concerns that giving the Minister of Immigration the same authority will create an additional and unnecessary barrier to economic immigration for currently competitive Express Entry candidates.

To alleviate concerns and make the process more transparent – before beginning the targeted rounds of invitations, the Minister of Immigration will have to consult relevant stakeholders to obtain information and recommendation on how the categories may be formed to meet Canadian economic goals.

Much attention will be paid in the upcoming months as to what extent the Minister of Immigration exercises his new authority. However, we remain cautiously optimistic about the overall benefits these targeted rounds of invitations will have in supporting Canada’s economic goals without creating unnecessary complexities to an already complicated and strict Express Entry system. 

In 2019, Canada’s Immigration Minister was mandated to introduce the Municipal Nominee Program (MNP), a program expected to distribute the benefits of economic immigration away from major cities to smaller underserved communities. To date,  there have been consultations with stakeholders about the MNP, but almost 2 and a half years later, the program has yet to be launched. The delay in launching the MNP is partly due to the COVID-19 pandemic.

With the reduction of pandemic-related restrictions across Canada and after seeing smaller communities and local businesses suffer economically due to the COVID-19 pandemic, the launch of the MNP may be near.

What is the MNP

The MNP is a regional economic immigration program that will allow non-major cities across Canada to directly support immigrants with Permanent Residence in their communities. The MNP will have a minimum of 5,000 spaces to be filled by interested immigrants. While the selection criteria have not been released, based on the information available applicants will need to fill labour gaps and demonstrate a genuine intention to reside in and/or ties to the supporting community. Similar to the Rural and Northern Immigration Pilot program (RNIP), and rural Provincial Nominee Program (PNP) streams, interested and eligible communities will likely be invited to submit participation proposals to Immigration, Refugees and Citizenship Canada (IRCC). Community selection and support criteria will likely centre on their existing critical infrastructure, labour shortage, and settlement capacity. Like past initiatives aimed at increasing Permanent Residence in smaller communities, the MNP may begin as a pilot program. Based on the results and feedback during the set trial period, IRCC will decide if the MNP stays permanently. 

Purpose of the MNP

The MNP’s mission is similar to the current Atlantic Immigration Program (AIP) and the RNIP, which is to spread the benefits of economic immigration to smaller communities by creating a path to Permanent Residence for skilled foreign workers who want to work and permanently reside in one of the participating communities. Programs such as the AIP, the MNP and the RNIP, tackle a key issue that PNPs currently do not adequately address – economic immigration distribution away from major metropolitan areas to less populated communities experiencing labour shortages. If executed correctly, the MNP will attract and retain more workers in small to midsize communities while also promoting economic development in these communities.

PNPs are jointly administered federal-provincial-territorial immigration programs designed to share the benefits of immigration across all regions of Canada. However, among all PNP-selected immigrants between 2006 and 2016, 80% landed in a metropolitan area including Toronto and Vancouver. Over time, PNPs have helped shift immigration landing patterns outside of the three most populous provinces. In 2017, 34% of economic immigrants were destined outside Ontario, British Columbia (BC) and Quebec, compared to just 10% in 1997. Despite the PNP’s success at increasing the distribution of economic immigrants across Canadian regions, immigrants still continue to primarily settle in Ontario, BC and Quebec, and in major cities within each province or territory. For this reason, the MNP will need to differentiate itself by giving autonomy to mid-size to larger communities and municipalities that are not considered major cities. 

Concerns with the MNP

During the summer of 2020, IRCC engaged in virtual consultations with stakeholders to obtain feedback on the proposed MNP. Through these discussions some key concerns became apparent. 

The first concern relates to the possibility of the MNP simply duplicating existing programming. Within each provincial and territorial PNPs, new streams can be introduced as needed. For this reason, the creation of the MNP has been argued by some as being redundant and diverting resources away from current major immigration issues, such as reducing the current immigration backlogs and improving immigration processing times. To address this concern, the MNP will need to fill existing labour market gaps and complement other economic immigration programs/pilots by distinguishing itself from existing PNPs. One way it could do this is by including communities that haven’t fully benefited from existing PNPs and pilot programs.

The second concern identified through the consultations is whether the MNP rollout will be costly and make current immigration processes more complicated. Participants have advocated for the creation of multilateral partnerships at local, provincial and federal levels to ensure participating communities are properly supported in welcoming newcomers and learning to navigate the MNP. The cost of implementing the MNP will likely vary across participating communities based on their established infrastructure, settlement capacity, and settlement service providers.

Lastly, there are concerns about the retention of MNP nominee recipients after they become Permanent Residents. In Canada, citizens and Permanent Residents have the constitutionally protected right to move, work, and settle in any province or municipality they desire. Assuming the MNP attracts applicants to smaller underserved communities, the MNP will need to ensure it has mechanisms built into its programs that reduce the likelihood of applicants leaving and moving away to major cities after they have obtained their Permanent Residency. One suggestion is to attach a contractual-like condition that MNP nominee recipients must reside for a set period of time in their supporting community or municipality after they become Permanent Residents. This may increase the likelihood of applicants following through with their intention to reside in their supporting community.

Closing Remarks

While it is not clear when or if the MNP will be launched, nor what it will look like, what is clear, is that regional and municipal immigration programs are needed to make rural and smaller communities experiencing labour shortages more attractive to skilled immigrants.

Based on the lessons learned from the RNIP and the AIP, high retention rates along with overall increased immigration to the selected communities and municipalities are projected to be the main indicators of the MNP’s success. To have its intended effect, the MNP will need to leverage the pre-existing relationships that municipalities and local economic development organizations have with employers and service providers within their communities. Additionally, the MNP must incorporate retention-based principles that prioritize strong community settlement services, career development opportunities, and community infrastructure (e.g. affordable housing, schools and healthcare services, etc.).

On March 7, 2022, the Government of Saskatchewan, through its Saskatchewan Immigrant Nominee Program’s (SINP) International Skilled Worker stream, introduced the Tech Talent Pathway sub-category, aimed at easing critical labour shortages in the province’s tech sector and increasing its global competitiveness.

Similar to – Alberta, British Columbia, Ontario, and Quebec – this new program results in a new immigration pathway for highly skilled technology professionals inside and outside of Canada who hold a job offer in Saskatchewan.

Innovation Saskatchewan’s 2020 report highlighted that around 52,300 people worked in the tech sector provincially and that there were more than 5,000 technology companies, generating over $10 billion in yearly revenue. The report also outlined that a key advantage to joining the province’s tech sector was the strong wages and lower cost of living. For this reason, international tech workers outside of Canada who meet the eligibility requirements and are nominated can apply for a work permit and make their way to Canada to begin working for their supporting Saskatchewan employer. 

Eligible candidates can apply directly to the SINP or as Express Entry candidates if they have a valid federal Express Entry profile.

Eligibility Requirements 

To be eligible, an applicant must intend to work and reside in Saskatchewan, as well as meet the following program requirements:

Saskatchewan Job Offer

Have a full-time, permanent technology or innovation sector job offer in Saskatchewan that is accompanied by an SINP Job Approval letter for an eligible occupation from a registered Saskatchewan employer:

• • 0213 Computer and information systems managers
  • *2133 Electrical and Electronics engineers
  • *2147 Computer engineers (except software engineers and designers)
  • 2171 Information System analysts and consultants
  • 2172 Database analysts and data administrators
  • *2173 Software engineers and designers
  • 2174 Computer programmers and interactive media developers
  • 2175 Web designers and developers
  • 2281 Computer network technicians
  • 2282 User support technicians
  • 2283 Information system testing technicians

*Must provide a letter from the Association of Professional Engineers and Geoscientists of Saskatchewan (APEGS) showing that an application for registration as an Engineer-in-Training has been approved; OR Provide a letter from APEGS indicating that they have been assigned Confirmatory Exams.

Education

Have completed the equivalent of Canadian post-secondary education relating to the job being offered. If studies were completed outside of Canada an Educational Credential Assessment is required.

Official Language Proficiency

Have scored at least a Canadian Language Benchmark (CLB) 5 in a designated Official Language Exam.

• • If currently working for the employer offering the job, the employer assesses language ability.

If applying as an Express Entry candidate, must meet the Federal Express Entry Language Requirement of English and/or French of CLB 7 or higher.

Work Experience 

Inside or outside of Canadian Work Experience:

• • Must have completed at least one (1) year of work experience in the past five (5) years in the same occupation as the job offer.

Working in Saskatchewan:

• • • • Have completed at least six (6) months of full time (30 hours per week) work experience for the employer; OR have completed within the last five (5) years, at least one (1) year of work experience in the same occupation as the job offer.

Express Entry Profile Number & Job Seeker Code *Applicable only if applying to the stream as an Express Entry candidate

Must provide valid Express Entry Profile Number and Job Seeker Code.

Closing Remarks

This new Tech Talent Pathway hopes to not only provide Saskatchewan employers with a greater selection pool of international highly skilled tech workers, but also offer interested highly skilled tech workers with a fast-tracked route to permanent immigration in Canada. As such, whether an international tech worker is already working in the province, elsewhere in Canada, or abroad, in one of the 11 eligible occupations, this new pathway should be considered when devising a Canadian permanent immigration plan.

On February 16, 2022, Alberta announced several changes to its Provincial Nominee Program. These changes are part of the “Alberta Advantage Immigration Strategy” to attract global skills and talent, diversify the provincial economy, and support newcomers in Alberta.

The first change announced was the renaming of the Alberta Immigrant Nominee Program (“AINP”), a federal-provincial program that nominates individuals for Permanent Residence in Alberta based on stream-specific requirements, to the Alberta Advantage Immigration Program (“AAIP”). Similarly, three existing entrepreneur streams were renamed:

• • The International Graduate Entrepreneur Immigration Stream is now the Graduate Entrepreneur Stream;
  • The Foreign Graduate Start-Up Visa Stream is now the Foreign Graduate Entrepreneur Stream; and
  • The Self-Employed Farmer Stream is now the Farm Stream.

Program eligibility criteria for existing streams and pathways remain unchanged. However, moving forward, candidates who have applied to be nominated by the province via Alberta’s online portal must now submit any future nomination extension requests using the portal. All other post-decision steps remain the same.

In addition to the above, Alberta announced the creation of two new rural immigration streams to Permanent Residence – the Rural Entrepreneur Stream and the Rural Renewal Stream. These new streams aim to promote population growth, reduce workforce shortages, and spread immigration to aging rural Albertan communities. Eligible rural communities are those outside the Calgary and Edmonton Census Metropolitan Area, with a population of less than 100,000.

A Breakdown of the New Streams

The Rural Entrepreneur Stream was designed for foreign entrepreneurs who want to start a new business or buy an existing business in participating rural Alberta communities. To be eligible, interested foreign entrepreneurs must meet the following criteria:

• • Within the past 10 years, have a minimum of three (3) years of work experience as an active business owner/manager OR four (4) years of work experience as a senior manager;
  • Have completed the equivalent of a Canadian secondary (high school) or higher-level education. If studies were completed outside Canada, an Educational Credential Assessment is required;
  • Have scored at least a Canadian Language Benchmark (“CLB”) 4 for each language skill area in a designated Official Language Exam. The AAIP only accepts these language tests:
    • Canadian English Language Proficiency Index Program (CELPIP) General Test 
    • International English Language Testing System (IELTS) General Training Test 
    • Test d’évaluation de français (TEF) Canada 
    • Test de connaissance du français (TCF) Canada ;
  • Have a minimum net worth of CAD 300,000.00 equivalent. All assets must be the candidate’s own personal holdings or spouse’s or common-law partner’s;
  • Make a minimum investment of CAD 200,000 equivalent from own (and/or spouse/common-law partner) equity. Higher levels of investment receive more points;
  • If starting a new business, must have minimum ownership of 51% (Business Partners must be Canadian Citizens or Permanent Residents) OR if continuing an established business, must have 100% ownership. *Business must not be on the list of ineligible businesses; and
  • New businesses must create at least one full-time job that lasts for a period of at least 6 months for Canadian Citizens or Permanent Residents (not including relatives). If continuing an established business, job creation is not required.

To proceed through this stream, eligible foreign entrepreneurs must first conduct exploratory visits to the rural Albertan community they wish to establish or purchase a business and present a designated community representative with a Business Proposal Summary. If the business is considered a benefit to the community, the summary will be endorsed and a Community Support Letter will be issued. With this letter, an eligible foreign entrepreneur can submit an Expression of Interest (“EOI”) to be nominated by the province via the AAIP portal. Once the AAIP receives an EOI, it is placed in a pool of qualified candidates for up to 12 months. EOIs with the highest-ranking points may be contacted directly by the AAIP to submit a Business Application. If their Business Application is approved the candidate will receive an Approval letter and/or nomination certificate, with which they can then apply for Permanent Residence.

The Rural Renewal Stream aims to empower rural Albertan communities with meeting their labour needs by recruiting newcomers to live, work, and settle there. As such, this stream is community-driven and consists of a two-step process:

1. Community Designation Process

• • • Rural communities wanting to participate must fill out a Community Designation Application form and apply to become a designated community. Once a community is selected to participate, they will be represented by an economic development or similar organization to work with employers and settlement-providing organizations to recruit/endorse newcomers and help them settle.

*For the first year, only a limited amount of communities will be selected to participate as designated rural communities.

2. AAIP Application Submission Process

• • • Eligible candidates apply through the AAIP Portal. If the application is approved, a provincial nominee package will be sent to the candidate by email.

The minimum eligibility requirements for interested candidates are:

• • Have an Endorsement of Candidate letter from their designated community;
  • Have a bona fide full-time (30 hours per week) and permanent job offer or employment contract from an Alberta employer to work in an eligible occupation in your designated community;
  • Have the required licences, registration or certification to practise their current occupation in Alberta or the occupation listed in their job offer in Alberta;
  • Before submitting an application, have a minimum of 12 months of full-time work experience in an eligible occupation in the 18 months,  gained in Alberta, in Canada (outside Alberta) or abroad;
  • Meet the following official language test scores in English or French from an approved official language test provider:

• • Have completed the equivalent of a Canadian secondary (high school) or higher-level education. If studies were completed outside Canada, an Educational Credential Assessment is required; and
  • Have sufficient funds readily available to support themselves and accompanying family members to settle in the designated community if not residing in Canada or if in Canada but not working.

 Closing Thoughts

The Alberta Government’s continued commitment to creating immigration streams intended to drive local economic growth and provide expedient pathways to Permanent Residence for skilled and talented professionals and entrepreneurs around the globe is commendable. As such, foreign workers and entrepreneurs interested in contributing new perspectives, business ideas and innovation to rural Albertan communities may wish to consider these new streams. Other provinces/territories may also benefit from re-examining their existing programs, revamping them, and introducing new programs that address community-specific challenges that can be resolved through strategic immigration initiatives.

Family reunification plays a significant role in attracting, retaining and integrating immigrants into Canadian society. Canada’s Parents and Grandparents Program (“PGP”) is an example of a program that gives families the chance to reunite in Canada. Generally, the PGP opens once a year and allows certain Canadian citizens and permanent residents (“PR”) to sponsor their parents and/or grandparents for permanent residence in Canada.

How the PGP Works

For the last few years, the first step of the PGP has been for eligible candidates to submit an “Interest to Sponsor” form. Then, in a lottery-style format, Immigration, Refugees and Citizenship Canada (“IRCC”) carries out a draw and issues invitations to selected candidates. The invitations are emailed to selected candidates and posted on the IRCC website. Selected candidates must then submit their sponsorship application packages by the deadline listed on their invitation to apply letter. 

An eligible candidate is someone who is at least 18 years old and a Canadian citizen or PR living in Canada, whose income exceeds the Minimum Necessary Income (“MNI”) requirement set by IRCC for each of the past 3 taxation years before the date their application is submitted. The MNI is assessed based on the Canada Revenue Agency Notice of Assessments.

Additionally, eligible candidates residing in a province or territory outside of Quebec must promise to financially support the family member(s) being sponsored by way of an undertaking. The undertaking commits candidates to provide financial support for 20 years, starting when the sponsored family member(s) become PRs and are responsible for repaying any provincial social assistance (money from the government) sponsored family member(s) receive during that time. Eligible candidates residing in Quebec must meet Quebec’s immigration sponsorship requirements.

Lastly, eligible candidates and sponsored family member(s) must agree to certain responsibilities between them during the undertaking period. This forms what IRCC labels – the sponsorship agreement. The sponsorship agreement outlines a candidate’s commitment to providing for the basic needs of the sponsored family member(s) and commitment that the sponsored family member(s) will make every effort to support themselves and their family members. Once the agreement takes effect, it does not change even if circumstances change such as separation or divorce, family rifts, unemployment, change in finances, or death of the main applicant.

Flaws in the System

Up until 2020, IRCC used a first-come-first-serve selection system, where eligible candidates who submitted their interest to sponsor forms first were invited to apply until IRCC’s quotas were met. However, this led to an uneven playing field between eligible candidates who were tech-savvy and those who were not, since tech-savvy eligible candidates would submit their interest to sponsor forms in the first few seconds of the portal opening and be invited to apply. The current PGP lottery system intends to create a randomized, fair, and transparent selection process that gives everyone in the pool an identical chance of being invited to apply. However, in its function, several flaws can still be identified that warrant addressing.

One design flaw of the current system is that assuming all other eligibility criteria are met, it favours families with more children residing in Canada who are Canadian Citizens or PRs. Families with one child may only submit one interest to sponsor form, whereas families with more than one child in Canada can submit more than one interest to sponsor forms. The more children in a family, the more interest to sponsor forms being submitted and enhancing their chances of being chosen.  As such, this design flaw can disadvantage Canadian citizens or PRs who come from one child per home regimes like China.

Another flaw with the current system is that the randomized selection process can lead to “unfair” results. For instance, an eligible candidate who submitted an interest to sponsor form for the first time may be selected over another candidate who has attempted for years to reunite with his or her family members and previously submitted an interest to sponsor form but was not selected. Selecting candidates without considering who has been attempting and waiting longer to sponsor their parent(s) or grandparent(s) creates the opposite of the PGP’s intended effect.

The Processing Hurdle  

Like many other programs, selected candidates also face the hurdle of uncertain processing times. As per IRCC, current processing times for PGP applications can range from 20 to 24 months. While Canada has made some progress over the years to reduce processing times, more is still required. To date, it appears that processing times for the PGP will likely continue to hover around the 21-month mark. These timelines are too long for parents and grandparents who are aging and wish to live out the rest of their years surrounded by their immediate families. The Canadian government has been urged to consider these factors and be more diligent in processing these types of applications. PGP candidates are contributing members of the Canadian economy and deserve the right to have their families with them.

Current Trend

Between September 23 to October 4, 2021, IRCC issued 34, 500 invitations to meet its 30, 000 quota. However, the last time interest to sponsor forms were accepted was from October 13 to November 3, 2020. As a result, Canadian citizens or PRs wanting to sponsor their parents or grandparents in 2021 and waiting for new interest to sponsor forms to be accepted, were left disappointed. The Canadian government invited candidates from the 2020 pool of potential sponsors. At present, it’s unclear whether this trend will continue in 2022. Those not invited to apply were recommended to apply for a Super Visa, which allows a parent or grandparent to visit them in Canada for up to 2 years at a time, without the need to renew their immigration status. A Super Visa allows multiple entries for up to 10 years. While it’s not certain how many candidates will be invited in 2022, according to the Supplementary Information for the Immigration Levels Plan 2021-2023 issued on October 30, 2020, IRCC aims to welcome 23, 500 immigrants under the PGP in 2022. Although, it would not be surprising to see the target intake numbers for the PGP increase in 2022.

Potential Response

 Bearing in mind that not all responses can address all flaws in a broken system, it is useful to discuss ways in which the PGP could be more efficient, fair, and transparent. One proposed suggestion is for IRCC to split the pool of potential sponsors into two tiers. One pool could be made up of candidates who have previously submitted more than one interest to sponsor form but have never been selected, and the other pool made up of those submitting an interest to sponsor form for the first time. IRCC could then increase the number of invitations to be issued to candidates from the first pool and conduct a randomized selection process until the PGP quotas are met. While IRCC should be applauded for its attempt to create a fairer and transparent system, further modifications to the PGP are needed.

The Canadian government faces what appears to be a never-ending Immigration backlog. As uncovered by CBC, as of October 27, 2021, there were about 1.8 million Immigration applications in backlog:

• • • 548, 195 permanent residence applications, including 112, 392 refugee applications;
    • 775, 741 temporary residence applications (study permits, work permits, temporary resident visas and visitor extensions); and
    • 468, 000 Canadian citizenship applications.

The latest increase in the backlog has been blamed on the COVID-19 pandemic and related policy initiatives. Operational capacity overseas and in Canada was severely impacted, which hindered Immigration, Refugees and Citizenship Canada’s (“IRCC”) ability to process applications and caused delays to submitted immigration applications. The delays have led to unpredictable processing times and growing frustration amongst applicants and their legal representatives.

The backlog is directly impacting the lives of current and prospective applicants. The impact has spread from foreign nationals abroad awaiting their opportunity to contribute to Canadian society, to future Canadian citizens unable to vote, and to permanent residents awaiting to renew their cards or reunite with their loved ones. The plans of many temporary residents hoping to extend their stay or make their stay in Canada permanent have also been derailed.

The current backlog has affected the Canadian economy which relies on the contribution of international students and foreign skilled workers. Many fear that not addressing the current backlog in a timely manner will make Canada a less attractive destination for highly skilled immigrants. This is contrary to what the current Minister of Immigration, Refugees and Citizenship, Sean Fraser, has recently suggested about Canada leading the competition as one of the most attractive and facilitative destinations for global talents to immigrate to. Yet, when the entry barriers of other countries are less burdensome and processing times are considerably shorter and more predictable than Canada, it seems less likely that individuals will continue to choose Canada. This is most applicable to entrepreneur/investor class applicants looking to invest in Canada by directly purchasing or starting a business. Waiting three years for an application to be processed is less enticing considering the fast-paced and ever-changing nature of the start-up world.

The IRCC backlog has impacted other areas of government as well. The Access to Information and Privacy Office has received a massive influx of requests made under the Access to Information  Act (“the ATI Act“). The ATI Act grants Canadian citizens, permanent residents, or any other person/entity in Canada the right to access government records. These requests are used by immigration applicants to obtain notes taken by Immigration officers who have reviewed their current and past immigration applications. Many applicants affected by the current backlog have criticized the lack of transparency and communication from IRCC on their files. A report from the Information Commissioner of Canada highlighted that in the 2019-2020 fiscal year, there were 116, 928 access to information requests directed at IRCC, a 42% increase from the previous year. With the mounting uncertainty, many applicants have been making requests, which have caused longer wait times and in some cases receipt of outdated information.

Government Proposed Strategies to Address Immigration Backlog

In response to the Access to Information request issues, the Canadian government announced a Management Action Plan. This plan looks to decrease the number of requests for case notes by offering clearer communication to applicants awaiting a decision. While this is a promising step in the right direction, it is unlikely to have any immediate effects.

In December 2021, the Canadian government released its Economic and Fiscal Update 2021, which announced an investment of $85 million dollars toward alleviating the current immigration backlog. On January 31, 2022, Immigration Minister, Sean Fraser, added that this funding will be allocated to improve the applicant experience and modernize the immigration system by hiring additional staff, digitizing applications, and reallocating work among offices around the world.

Forward-looking Remarks

While these upcoming proposals endeavour to reduce the backlog and processing times to IRCC’s standard time by the end of 2022, many critics see these proposals more as wishful thinking than actionable plans. However, more clarification on this is anticipated by mid-February, when the Immigration Minister, Sean Fraser, introduces the new Immigration Levels Plan.

What we do know is that to meet their mandated Immigration quotas the Canadian government plans on continuing to prioritize applicants already in Canada and/or those who have already submitted their applications. What we do not know is what programs and methods will be most utilized. These uncertainties do not help prospective applicants abroad and within Canada to plan their next move.

From what we have seen so far it’s likely that Canada will continue to operate as it did in 2021. Last year, was the first year in the history of the Express Entry program that no Federal Skilled Worker (“FSW”) candidates were invited to apply for Permanent Residence. In 2021, IRCC only held program-specific Express Entry draws for Provincial Nominee Programs (“PNP”) and up until September, Canadian Experience Class (“CEC”) candidates. Before the COVID-19 pandemic, FSW candidates were among the main source of Express Entry invitees. Since the Pandemic, IRCC has focused solely on candidates presumed to be in Canada. IRCC wants to cut the Express Entry backlog by at least half before inviting candidates from other programs. While it is prudent to remain hopeful during these trying times, many applicants and their legal representatives are preparing themselves to find strategic solutions to overcome more of the same in 2022.

The Government of Saskatchewan, through its Saskatchewan Immigrant Nominee Program (SINP), recently introduced the International Skilled Worker Hard-To-Fill Skills Pilot program, designed to address labour and recruitment challenges for certain entry-level and low-skilled positions in the province. This also results in a new immigration pathway for entry-level and low-skilled workers inside and outside of Canada who hold a job offer in Saskatchewan.

Employers interested in submitting Job Approval Forms for the Pilot program have been able to do so since December 15, 2021. From January 15, 2022, SINP applications for the Pilot program are being accepted. At this time, no end date for the Pilot program has been set.

The sectors with the highest labour demands in Saskatchewan include health, manufacturing, agriculture, ag-tech, construction, hospitality and retail.

Through this creative Pilot program, foreign workers outside of Canada who meet the eligibility requirements and are approved/nominated will be able to apply for a work permit and make their way to Canada to begin working for their supporting Saskatchewan employer. With limited routes to Canadian immigration available for low-skilled/entry-level foreign workers, this Pilot program hopes to not only provide Saskatchewan employers with a larger selection pool of international talent, but also provide foreign entry-level/low-skilled workers with a route to enter, work, and obtain permanent residency in Canada.

To be eligible, an applicant must meet the following program requirements:

Saskatchewan Job Offer

Have a full-time, permanent job offer in Saskatchewan that is accompanied by an SINP Job Approval letter for an eligible occupation from a registered Saskatchewan employer.

Education 

Have completed the equivalent of Canadian secondary (high school) or higher level education. If studies were completed outside of Canada, an Educational Credential Assessment is required.

Transport truck drivers require Mandatory Entry-Level Training (MELT) to obtain a commercial Class 1 license to drive semi trucks in Saskatchewan. Nominations issued for NOC 7511 – Transport Truck Drivers will be conditional until proof is provided to the SINP after you arrive that you have completed MELT training and have a valid Class 1 license. This training is done while living in Saskatchewan.

Official Language Proficiency

Have scored at least a Canadian Language Benchmark (CLB) 4 in a designated Official Language Exam. Be aware that some employers/regulators may ask for scores that are higher than CLB 4.

Work Experience 

If you do not have Canadian Work Experience, you must have completed at least one (1) year of work experience in the past three (3) years in the same occupation as the job offer.

If you have Saskatchewan work experience, you must have completed at least six months of full-time (780 hours) work experience in the same occupation as the job offer.

Employer Role

Supporting employers are required to demonstrate that they have attempted to find workers through domestic recruitment, and also provide evidence of their ability to provide settlement support to the foreign workers once they arrive/begin working for them.

Recruitment Efforts

Employers must advertise position(s) being recruited on SaskJobs for a minimum of four (4) consecutive weeks, in the three (3) months prior to submitting the Job Approval Form.

Settlement Support

Employers must also fulfill settlement requirements, including assigning a culturally sensitive on-the-job mentor to the employee, and undertaking any two of the following action items:

• Attend intercultural training, educational seminars, conferences, or information sessions related to supporting and/or retaining newcomers. There are numerous organizations in Saskatchewan that deliver programming related to intercultural education, anti-racism and inclusion or diversity training. Employers can also access resources from the Canadian Centre for Diversity and Inclusion.
• Make referrals for newcomers to access settlement services, community resources, groups, associations, and/or community organizations. Settlement agencies can provide you with information about support for newcomers. Please visit Settlement Services for information on the Saskatchewan government’s Regional Newcomer Gateways or Programs and Settlement Services to search for supports by location.
• Offer team-building activities within the workplace to promote cross-cultural understanding and awareness, or establish a workplace diversity and inclusion committee. Saskculture.ca has a number of resources on their website, including this resource: Building Culturally Competent Organizations.
• Provide time off or a flexible work schedule to newcomer employees to allow for language training, appointments with settlement counsellors, enrolling children in school, applying for health cards, obtaining a driving license, etc.
• The supports, including assigning a culturally sensitive on-the-job-mentor and the two selected action items, must be provided to existing employees within three months of the nomination date. For new employees nominated through this Pilot, the supports must be provided within three months of the nominee’s arrival in Saskatchewan.

Job Offer

Contents of the Job Offer must meet SINP requirements:

• Job offer includes the contact’s name, phone number, e-mail address and company mailing address of the employer;
• Indicates that the position is a permanent, full time (minimum 30 hours/week) skilled position(s) in Saskatchewan (non-seasonal);
• Indicates the salary for the position being offered;
• Indicates the location, job title, main duties and responsibilities of the position being offered;
• Describes any benefits that the principal applicant will receive (e.g., health, dental, short/long term disability, accommodation, etc.).
• The wage must be fair and equitable to the wage paid to Canadians and permanent residents. This is demonstrated by using the benchmark or providing proof of wages paid to Canadians and permanent residents (pay stubs for current employees; cannot be below the low wage for that region). The standard benchmark used by the SINP for wages paid to foreign workers to ensure ethical recruitment is the National Job Bank’s Regional Median Wage for that occupation in Saskatchewan.

Alberta’s New Tech-Focused Immigration Pathway to Permanent Residence

As part of its Recovery Plan and desire to become a dominant tech-hub in Canada and abroad, Alberta has introduced the “Accelerated Tech Pathway,” a new tech pilot under the Alberta Immigration Nominee Program (“AINP”) – a federal-provincial program that nominates individuals for permanent residence in Alberta based on stream-specific requirements.

According to the Alberta Enterprise Corporation, there are currently more than 3,000 tech-based companies in Alberta. Additionally, since 2012, Alberta has seen its tech-sector grow 233% per the 2021 Alberta Technology Deal Flow Study. As such, the Government of Alberta sees the Accelerated Tech Pathway as a proactive approach to attracting highly skilled foreign tech talent to address the needs of Albertan tech-companies, while also drawing in more investment in the growing tech-sector and opportunities for all Albertans.

Through this new immigration pathway, eligible highly skilled foreign tech professionals from across Canada and abroad have access to expedited processing of their Permanent Residence application in Alberta – approximately 6 months. Nominated candidates residing abroad also receive a provincial letter of support as part of their nomination package, which they can use to apply for a work permit. 

Eligibility Requirements

To be eligible for this fast-tracked pathway to Permanent Residence, interested foreign tech professionals will first need to have an active Express Entry (“EE”) profile and be either working for, or have a valid job offer from an Alberta-based tech industry employer in an eligible tech occupation. The details of their EE  profile and Alberta employment or job offer must then be provided through the AINP portal. Subsequently, if minimum eligibility requirements are met, candidates will receive an invitation to apply for nomination.

The specific minimum eligibility requirements are as follows:

• Having an active EE profile in the federal Express Entry pool with a minimum Comprehensive Ranking System score of 300.
  • EE Profile must not be expiring in 3 months or less.
• Either working full-time in Alberta or having a job offer for full-time employment based in Alberta (full-time is a minimum 30 hours per week):
  • List of eligible Accelerated Tech Pathway occupations and
  • For an employer that is part of the Alberta tech industry as defined by the AINP list of eligible North American Industry Classification System (NAICS) codes
    • If working at a home-based business in Alberta, the employer must be authorized to operate that business location from a personal residence.
• The primary occupation in EE profile is the same occupation as current Alberta employment or job offer.

Final Thoughts

I commend the Alberta Government for introducing the Accelerated Tech Pathway, and encourage other provinces/territories to follow suit and design more immigration programs that tackle province/territory-specific labour shortages in certain occupations, create expedient pathways to Permanent Residence, and benefit Canada as a whole.

Highly skilled tech professionals interested in living and working in Alberta and Alberta-based employers in the tech-sector may wish to consider this new tech pilot program when looking for options to make Canada their home.