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In accordance with the Conservative government's
ever-changing reformation of the supposedly out-of-date and
out-of-touch current Canadian immigration system, Citizenship and
Immigration Canada ("CIC") has now focused its
considerable regulatory sights on the Canadian Experience Class
("CEC") – one of the most significant,
successful and economically advantageous categories of permanent
immigration categories CIC has introduced since Canada repealed the
Immigration Act of 1976 and replaced it with the with the
Immigration Refugee and Protection Act ("IRPA")
in 2002.
The CEC, woven into the framework of the IRPA in 2008, was
established in a bid to retain the top talent from abroad and
overcome the excessively long processing delays many applicants
experience when applying for permanent residence status under the
federal skilled worker program. This class of application allows
temporary foreign workers with work experience, and foreign
students who are graduates of a Canadian educational institution
who have acquired Canadian work experience, to apply for permanent
resident status on a fast-tracked basis (8 – 12 months)
without having to leave Canada during the application process.
One of the minimum requirements for qualification under the CEC,
is that an applicant must have acquired 24-months of full-time
skilled work in Canada within 36-months of filing their application
for permanent residence under the CEC. Under the proposed
changes, applicants would only be required to obtain 12-months of
full-time skilled work in Canada in order to be eligible to apply
for permanent residence under the CEC. Once enacted, it is
anticipated that thousands of foreign workers currently in Canada
will be eligible to apply under the CEC immediately.
By reducing processing times and easing permanent residency
requirements for foreign skilled workers in Canada, the
Conservative government is hoping to make immigration to Canada
more attractive to foreign nationals with the skills, experience
and abilities Canada desperately needs. One of the main intentions
of the recent changes to many of Canada's immigration
regulations and policies are indeed designed to make Canada a
preferred destination for the best and brightest talent abroad
while also advancing the nation economically by way of filling
crippling labour shortages which are currently plaguing multiple
industry sectors across Canada. Based on Canada-wide consultations
held over the past year on the topic of immigration reform, it
seems starkly evident that the Conservative government has
concluded that the current immigration system is woefully
inadequate in terms of attracting and retaining the type of skilled
immigrant Canada requires. Based on the changes already enacted and
those still yet to come, it is anticipated that the new immigration
system will focus mainly on the economic classes of immigration and
appeal to highly-skilled foreign nationals that have the talent,
work experience and desire to lead Canada
forward.
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As part of its Economic Action Plan 2013, the Federal Government signalled that it would be taking action in the coming months to reform the Temporary Foreign Worker Program.
On Oct. 1, 2012, USCIS will begin accepting the Form I-129, Petition for Nonimmigrant Worker, filed on behalf of Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant visa under NAFTA.
