为减少积压案件，2008年2月27日，新的加拿大移民系统开始，将极大影响技术移民。

Questions about the amendments to the immigration system

Q1) What are the proposed legislative changes?

The new rules will allow us to focus on getting the people we need.

Anyone will still be able to apply, but Citizenship and Immigration Canada ( CIC ) will no longer be required to process all new applications. The new provisions will allow the Department to choose, from the new applications and choose those that best meet Canada's labour market needs. Under the current system, which is much less flexible, CIC processes applications from skilled workers in the order in which they are received.

The Department will use this flexibility in an open and transparent manner. It will be based on instructions from the Minister, which will be published in the Canada Gazette, reported in the Department's annual report to Parliament and posted on the CIC website. These instructions will have to comply with the Canadian Charter of Rights and Freedoms, which protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age and mental and physical disability.

The Department will maintain its commitment to the broad objectives of the Immigration and Refugee Protection Act —supporting Canada's economy and competitiveness, family reunification and protecting those in need. The legislative amendments are intended to respond to Canada's labour market needs. They will not apply to refugees and are not intended to affect our family reunification objectives.

Q2) In addition to the legislative amendments, what other measures are being considered to make the immigration system more efficient?

The 2008 budget provided resources for efficiency improvements to better manage the backlog. Budget resources will be used for this purpose.

Q3) How did the backlog happen?

There are several factors.

First, the current legislation requires CIC to process every single application, regardless of how many apply or how many can be welcomed.

Second, just before the Immigration and Refugee Protection Act was implemented in 2002, there was a flood of applications from people who wanted to get their applications in before the new rules took effect.

In the skilled worker category, the backlog in 2000 was 374,000, growing to 524,000 by the end of 2004, and over 600,000 by the end of 2007.

Q4) What are skilled workers and why do we need them?

Skilled workers are selected for their ability to contribute to our economy and establish themselves successfully in Canada. They are the most skilled and highly educated immigrants that Canada accepts.

Research shows that the demand for highly qualified workers in Canada is growing. Within the next decade, immigration is projected to account for all net labour force growth in Canada. Two-thirds of the available jobs will require post-secondary education. Jobs that require a university-level education are the fastest growing types of jobs.

Skilled workers do well in Canada. With their generic skill set, they are better able to weather downturns in the economy. They are also more successful in the labour market than other immigrants, catching up to their Canadian counterparts more quickly and earning the highest average incomes.

Q5) Why are processing times so long?

Canada remains a destination of choice. Unlike most immigrant-receiving countries, Canada does not put restrictions on the number of people who can apply, so each year far more people apply than can be processed and admitted.

Processing all these applications, including conducting proper medical and security checks, does take time.

Temporary resident visa applications—visitors, workers and students—are processed upon receipt. Processing times may vary depending on medical, criminal and other screening requirements.

Priority is given to certain immigrant classes, and this can mean longer processing times for other categories. For example, our aim is to give priority to applications from sponsored spouses. Eighty percent of these cases are finalized within eight months. Immigrants selected under the Canada-Quebec Accord or provincial nominee agreements are given priority processing over other economic immigrants, such as federal skilled workers.

In addition, our international commitments require that applications from people in need of protection be processed quickly.

Q6) Why doesn't the government just increase levels?

For the past couple of years, Canada has accepted record numbers of permanent residents, temporary workers and foreign students.

New resources provided by the 2008 budget will allow us to better respond to the increasing pressure for more temporary foreign workers, while ensuring that we can meet our planned levels of permanent residents. In 2008, Canada plans to welcome between 240,000 and 265,000 permanent residents.

Like most countries, Canada manages the number of immigrants we accept every year. We must carefully balance the number of immigrants we welcome with the opportunities and supports available to help them successfully integrate and settle into Canadian communities and the work force.

Q7) Why doesn't the government just increase the resources it allocates to overseas visa offices for processing?

THe 2008 budget announced more resources to speed up the processing of applications. One network, in Canada and abroad, manages all applications and these new resources will help us meet the increasing demand for temporary residents, while ensuring we can meet our planned levels for permanent residents.

But more funding is not the only solution to the backlog. The legislative amendments are necessary to modernize the immigration system and make it more flexible, effective and responsive to Canada's labour market needs, while taking action to reduce the backlog of applications.

Q1) What happens to someone who has already applied to immigrate to Canada? How will the new amendments affect them?

Those who applied before February 27, 2008, will not be subject to the new proposed provisions in the legislation. These provisions, once passed, will apply to applications received on or after February 27, 2008.

Q2) Does this mean I can no longer apply?

No. Canada remains open to immigration, and anyone can apply to immigrate. The proposed legislative amendments give the Department the flexibility to be more selective—to take certain candidates quickly, hold some applications, and return others. That shouldn't deter good candidates from applying, unlike the current system which does deter many well-qualified skilled workers from applying because they have to wait so long.

Q3) What happens to someone who is planning to apply soon? What rules will apply to them? When will they know what they are?

Once passed, the amendments will allow the Minister to give instructions on the processing of new applications received on or after February 27, 2008, at CIC offices around the world.

Q4) What happens if people who have already applied want to withdraw their application? Can they get their money back?

As is currently the case, these people can contact their local visa office and withdraw their application, and their fee will be returned.

Q5) The Minister has to give instructions on how new applications will be processed. How will these be made public?

Instructions, when issued, will be published in the Canada Gazette. As well, CIC will report on these instructions in its annual report tabled in Parliament by November 1 of every year. The instructions will also be posted on the CIC website.

Q6) Does the approach go against the points system that was introduced in the late 1960s?

No. If a skilled worker application is selected for processing under the instructions issued by the Minister, it will then be evaluated according to the point system in keeping with our current selection process.

Q1) You received additional money for processing. How many more people will you process? Will this allow you to increase admissions to address the backlog?

In the past couple of years, Canada accepted a record number of permanent residents, temporary workers and foreign students.

New resources will allow us to better respond to the increasing demands placed on the immigration system, both in the temporary and the permanent applicant categories.

Like most countries, Canada limits the number of immigrants it accepts every year. We must carefully balance the number of immigrants we welcome against the opportunities and supports available to help them successfully integrate and settle into Canadian communities and the work force.

Q2) How fast will the changes you've made allow you to reduce the backlog?

The backlog accumulated over many years and it won't be solved overnight. The amendments and resources in the budget give us the tools to start addressing the backlog.

However, the bill must pass and both financial and human resources must be put in place before work can begin.

Q3) What impact will the amendments have on refugees?

None. Our immigration plan will continue to place a high priority on humanitarian objectives, and balance those objectives against our labour market needs. Our annual levels plan will continue to establish clear targets for the number of immigrants we intend to accept in each class. The amendments will not affect that.

Q4) What about parents and grandparents and those who have applied for humanitarian and compassionate consideration? There are long wait times for them as well. Will you use the amendments to limit the number of new applications you process in this category?

The amendments are not intended to affect our family reunification objectives. Our focus is on skilled workers, where wait times are long and growing, and where we can use the flexibilities the amendments provide to select the skilled workers that we most need in our labour market.

The amendments will also not affect those people already in Canada who are seeking humanitarian and compassionate consideration.

Q5) Could the bill stop the processing of humanitarian and compassionate requests from overseas?

The new legislation allows the Minister to issue instructions regarding the processing of humanitarian and compassionate requests from overseas. There is no intention to “stop” processing and all legitimate applications for humanitarian and compassionate consideration from abroad will continue to be reviewed.

For example, skilled workers whose applications are not processed may not be able to request an assessment on humanitarian and compassionate grounds from overseas. Requests for humanitarian and compassionate consideration made from within Canada are not affected by the new provisions.

Q6) Isn't this closing the door to immigration?

Not at all. Canada remains open to immigration, and anyone can apply to immigrate. We have received additional money for processing so that we can meet the growing demand for temporary foreign workers while ensuring that we meet our targets for permanent residents.

There are flexibilities that allow Canada to be more selective—to take certain candidates quickly, hold off on some applications, and return others. This shouldn't deter good candidates from applying. In fact, the current system deters many well-qualified skilled workers from applying because they have to wait so long. The end result of the changes will be reduced wait times and improved service.

Immigration is important in meeting Canada's labour market needs. In the past couple of years, Canada accepted a record number of permanent and temporary residents.

Q7) Could the amendments be used to discriminate against applicants from certain countries?

No. The amendments will allow us to select immigrants according to labour market needs and to reduce the backlog of applications. Ministerial instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act and must also comply with the Canadian Charter of Rights and Freedoms.

The overall objectives of the Immigration and Refugee Protection Act are to support Canada's economy and competitiveness, reunite families and provide protection to those who need it. The Charter protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age and mental and physical disability.

Q8) Could the amendments be used to set quotas for applicants from different countries?

No. The Government of Canada already sets a planning range for the anticipated number of immigrants who will be admitted to Canada as permanent residents, without these amendments. Each year, the CIC annual report to Parliament on immigration makes these planning ranges public.

The amendments, however, will provide the Department with the flexibility to select among the new applications those that best meet Canada's labour market needs. The Department will use this flexibility in an open and transparent manner. It will be based on instructions from the Minister, which will be published in the Canada Gazette and reported in the Department's annual report to Parliament and posted on the CIC website. These instructions must comply with the Canadian Charter of Rights and Freedoms, which protects against discrimination on such bases as race, national or ethnic origin, colour, religion, sex, age and mental and physical disability.

Q1) I have read in media reports that the Minister will have the power to deny admission to someone who has been approved by an officer. Is this true?

No. The bill will give the Minister the authority to issue instructions to officers on the categories and the number of applications to process but not to reject an application that has been processed and accepted. As is currently the case, the decisions on individual applications would be made by CIC immigration officers. The Minister cannot reverse these decisions.

The instructions, provided by the Minister, will be open and transparent. They will be published in the Canada Gazette and reported in the Department's annual report to Parliament and posted on the CIC website. The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act , which are to support Canada's economy and competitiveness, reunite families and provide protection to those who need it.

Q2) Is this fair? Doesn't this give the Minister too much discretion?

The Department will use this flexibility in a fair, open and transparent manner. It will be based on instructions provided by the Minister, which will be published in the Canada Gazette, reported in the Department's annual report to Parliament and posted on the CIC website. The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act , which are to support Canada's economy and competitiveness, reunite families and provide protection to those who need it.

The Government of Canada, through the annual report will also continue to set our immigration plan for the following year, and the number of economic, refugee and family class immigrants we expect to welcome. The amendments will not affect that.

As is currently the case, the decisions on individual applications would be made by CIC immigration officers. The Minister cannot reverse these decisions.

Q3) Would the new legislation give the Minister undue discretionary power to reject applications from refugees, or family members of Canadian citizens and permanent residents?

No. The changes are intended to give Canada the flexibility to choose the skilled workers that best fit our needs. They will not apply to refugees or to those who apply in Canada for humanitarian and compassionate consideration, and are not intended to affect our objectives for family reunification. The instructions will also help us reduce the backlog of applications.

The new legislation will make our immigration system more responsive to economic priorities while upholding our commitment to family reunification and our proud humanitarian tradition. Our annual levels plan will continue to establish clear target ranges for the number of immigrants we intend to accept in each class. The amendments will not affect that.

As is currently the case, the decisions on individual applications would be made by CIC immigration officers. The Minister cannot reverse these decisions.

Q4) Would the amendments give the Minister the power to discard applications that are already in the system?

No. The amendments, once passed, will apply to applications received on or after February 27, 2008. Those who applied before February 27, 2008, will be dealt with under the existing rules.

Q5) Could the Minister unilaterally make decisions on applications or overturn decisions of immigration officers?

No. The new legislation would allow the Minister to issue instructions regarding how some application categories will be processed by immigration officers. For example, the Minister could instruct immigration officers to select the new applications those candidates that best meet Canada's labour market needs. This means that people who meet those needs can be brought to Canada more quickly. The instructions would be public, and reflect existing commitments to provinces and territories.

Immigration officers will continue to make decisions about individual applications in compliance with the Canadian Charter of Rights and Freedoms , and with the Immigration and Refugee Protection Act and the principles of fairness. The Minister cannot reverse these decisions or influence them in any way other than what is clearly outlined in the instructions.

Q6) Does this legislation allow the Minister to override existing selection criteria and make decisions without any transparency or accountability?

Absolutely not. The selection criteria remain paramount. What will change is there will be greater flexibility around which categories of applications are processed, and the order in which they will be.

These decisions on processing will be based on instructions issued by the Minister, which could include meeting Canada's skill needs and labour market priorities. The instructions would be public, and would reflect commitments to provinces and territories. To be completely open and transparent, they will be published in the Canada Gazette, reported in the Department's annual report to Parliament and posted on the CIC website.

The instructions must be consistent with the overall objectives of the Immigration and Refugee Protection Act , which are to support Canada's economy and competitiveness, reunite families and provide protection to those who need it. They must also be consistent with the Canadian Charter of Rights and Freedoms and the principles of fairness.

Q7) Will the amendments give the Minister the power to put a cap or limit on the number of people who can apply?

No. Canada remains open to immigration, and anyone can apply to immigrate.

The proposed legislative amendments give the Department the flexibility to be more selective about which categories of applications are processed, and in what order, and reduce wait times.

Overall, these changes will make our immigration system more flexible and transparent to potential applicants.

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