DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY

LUCKNOW

2020-21

CITIZENSHIP & IMMIGRATION LAW

FINAL DRAFT
On
Canadian Immigration Syatem

Submitted by – Submitted to –
Akash Jain Mr. R.K Yadav
B.A.LLB (Hon) Semester IX Asso. Professor (Law)
Enroll no. 160101018

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 Table of Contents

Chapter 1- INTRODUCTION TO THE CANADIAN IMMIGRATION SYSTEM.......................5

Chapter 2- MERITS AND DEMERITS OF THE SYSTEM..........................................................8

Chapter 3- COMPARATIVE STUDY (CANADA VS USA)......................................................10

Chapter 4- CONCLUSION AND SUGGESTIONS......................................................................13

BIBLIOGRAPHY..........................................................................................................................14

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 Chapter 1- INTRODUCTION TO THE CANADIAN IMMIGRATION
SYSTEM
Canada is a net immigration country since its inception. It has a rich antiquity and experience of
immigration that is profoundly entrenched within its sense of nationhood. The main goal of
Canadian immigration is to welcome the skilled immigrants which are regarded as ‘Human
Capital’ who will contribute to Canada's growing economy, and hence the country is using a
‘Merit-Based Immigration System’.

Merit-based systems (also referred to as “points-based systems”) award points for positive
features wherein the participant is obligatory to reach a minimum score to be eligible to migrate. 1
Precise immigrants are then chosen based upon the needs of the receiving country.

The Canadian immigration is regulated by the Immigration and Refugee Protection Act, 2001
(IRPA)2.The goal of the aforementioned regime is to encourage young, bilingual, highly skilled
immigration in order to build an efficient human capital within Canada's aging labor force. 3 In
order to attract the right type of migrants, Canada has emplaced certain education and skills
provisions that work towards the advantage of prospective migrants with work experience,
higher education, and English or French language abilities. Current immigration trends of
Canada mark mammoth contribution that immigrants make to the nation's ethno-cultural
composition and, perhaps more prominently to its labor force. In 1967, the points system was
brought in to ascertain immigrant eligibility that was biased towards educated French and
English speakers of working age.4 A little more than a decade later, the Immigration Act of 1976
officially made Canada a hotspot for migrants from all countries. After which came the 2001
act which began to attract

1
“Immigration Policy and the Search for Skilled Workers: Summary of a Workshop,” The National Academies Press,
2015, accessed on 30th July, 2017 https://www.nap.edu/read/20145/chapter/5
2
Immigration and Refugee Protection Act, S.C. 2001, c. 27, http://laws-lois.justice.gc.ca/eng/acts/I-2.5/Full
Text.html.
3
Notice, CIC, Transforming the Immigration System (May 25, 2012), http://www.cic.gc.ca/english/department/
media/notices/notice-transform.asp.
4
Alan Gomez, “Canada's 'merit-based' immigration system wins Trump's praise”, USA TODAY, March 1, 2017,
https://www.usatoday.com/story/news/world/2017/03/01/donald-trump-canada-immigration-system-merit-
based/98594790/
highly skilled migrants to Canada, which now makes up more than 60 percent of all admitted
immigrants.5

Since the introduction of the points system in 1967, Canada has pursued its immigration benefits
towards potential immigrants with characteristics that will accord with Canada's evolving needs
and interests. With the introduction of the Immigration and Refugee Act in 2001, new classes
were created to further Canada's goal of building its human capital:

Following are the Classes of Canadian Immigrants: -

1. Permanent Residence- Canada accepts several categories of immigrants for permanent

residence.
 Economic Class- Canada has a triple distinction regime regarding business immigrants
as part of its Business Immigration Program: investors, entrepreneurs, and self-
employed persons.6 Canada grants permanent residency to skilled workers in
compliance with its Federal Skilled Trades Program and the Canadian Experience
Class (CEC). The Federal Skilled Trades Program is for persons “who want to become
permanent residents based on being qualified in a skilled trade” and under the CEC
program any skilled workers who possess twelve months of skilled work experience in
Canada in the three years preceding their application’ and the requisite language skills
can transit from temporary to permanent residence.7

 Family Class- Family class immigrants are exempt from the points system, but
preference is given to certain applicants based upon their relationship to their sponsor.
According to CIC, “If you are a Canadian citizen or a permanent resident of Canada,
you can sponsor your spouse, conjugal or common-law partner, dependent child
(including adopted child) or other eligible relative to become a permanent resident.”8

5
Canada–Permanent Residents by Category,
CIC, http://www.cic.gc.ca/english/resources/statistics/facts2011/permanent/02.asp, last accessed on 30th July, 2017
6
Investors, Entrepreneurs and Self-Employed Persons, CIC, http://www.cic.gc.ca/english/immigrate/business/
index.asp last accessed on 30th July, 2017
7
Determine Your Eligibility—Canadian Experience Class, CIC, http://www.cic.gc.ca/english/immigrate/cec/apply-
who.asp, last accessed on 30th July, 2017
8
Family Sponsorship, CIC, http://www.cic.gc.ca/english/immigrate/sponsor/index.asp, last accessed on 30th July,
2017
  Refugees- Canada’s policy regarding refugees has been in general seen as
comparatively generous since the past few years, to such an extent that many critics
protest saying it invites abuse and fraud. However, to stop the “bogus” refugee claims,
Canada’s Parliament passed Bill C-31, also known as Protecting Canada’s
Immigration System Act.9

2. Temporary or Guest Workers (Low-Skilled) – Temporary workers are given work visas
for prescribed time. The Canadian Government governs the Temporary Foreign Worker
Program,10 which approves foreign workers to work in Canada for a prescribed period if
“employers can demonstrate that they are unable to find suitable Canadians/permanent
residents to fill the jobs and that the entry of these workers will not have a negative impact
on the Canadian labour market.”11 The territories and provinces have their independent
Provincial Nominee Programs that can be availed by lower-skilled workers.
Most low-skilled workers are ineligible for a permanent residency in Canada. However,
workers under the Live-in Caregivers Program can apply to become permanent residents
as long as they meet certain requirements.12 Low-skilled workers may also be eligible to
gain permanent residency through Provincial Nominee Programs.

9
Protecting Canada’s Immigration System Act, S.C. 2012, c. 17, http://laws-lois.justice.gc.ca/eng/AnnualStatutes/
2012_17/page-1.html.
10
Temporary Foreign Worker Program, Human Resources and Skills Development Canada
(HRSDC), http://www.hrsdc.gc.ca/eng/workplaceskills/foreign_workers/index.shtml, last accessed on 30th July,
2017.
11
How to Hire a Temporary Foreign Worker (TFW)—A Guidebook for Employers, CIC, http://www.cic.gc.ca/
english/resources/publications/tfw-guide.asp
12
Become a Permanent Resident—Live-in Caregivers, CIC, http://www.cic.gc.ca/english/work/caregiver/
permanent_resident.asp, last accessed on 30th July, 2017.
 Chapter 2- MERITS AND DEMERITS OF THE SYSTEM
The first country to introduce a points-based system in 1967 was Canada. Being a country of 35
million, it aims to take in 300,000 immigrants on an average (0.85 percent of its population)13
and under the leadership of Prime Minister Justin Trudeau the number is only likely to
increase. According to CIC, it has by and large succeeded in meeting the “immediate and longer-
term need for highly skilled professionals, and addresses Canada’s broader immigration
objectives.”14

The major advantages of this system is that it is largely transparent. Possible applicants can
review the selection criteria to determine whether they may be able to accomplish sufficient
points to attain the pass mark of sixty-seven points. The other merit of the system is that it gives
potential immigrants who are unable to travel to Canada, to arrange for employment and increase
their chance of being accepted.

One disadvantage of the points system is that transparency can lead to complaints of unfair
treatment. Persons who fall short of the pass mark often believe they should have been awarded
more points in one or more categories. This is particularly true of the more subjective categories,
such as adaptability. In an evaluation in 2010, the Federal Skilled Workers Program found that,
even though the program has “moved towards a more objective, transparent and efficient process
of selecting skilled workers, the processing times remained long and the backlog increased.”15

Professionals who were unsuccessful in finding an employment in their chosen field or had their
foreign credentials recognized by professional licensing bodies had been another generator of
complaints under this system. Most professions, such as those in medicine and law, are licensed
by provincial governing bodies. For example, each province has its own law society.
Professional licensing bodies have discretion in determining what types of additional training or
examination foreign-trained professionals must undergo before they can practice in that
province. In response, with recent changes to the selection criteria, a new rule will require that
“applicants wanting to

13
Supra note 4
14
CIC, Evaluation of the Federal Skilled Worker Program: Executive
Summary, http://www.cic.gc.ca/english/resources/evaluation/fswp/section1.asp.
15
Id
immigrate as Federal Skilled Workers would have their foreign education credentials assessed
and verified by designated organizations before they arrive in Canada.”16

According to CIC, the pre-arrival assessment would let applicants know how their education
credentials compare to Canadian credentials and give immigrants a sense of how Canadian
employers are likely to value their education. This will also screen out people without proper
education levels and is an important step in helping to address the problem of immigrants
arriving and not being able to work in their field.17

16
News Release, CIC, Minister Kenney Proposes to Assess Foreign Education Credentials Before Skilled Workers
Arrive, http://www.cic.gc.ca/English/department/media/releases/2012/2012-03-28.asp.
17
Id
 Chapter 3- Comparative Study (Canada Vs USA)

Canada and the United States of America are on top of the immigrant-inflow lists in either per-
capita or absolute terms. Both are placed in the top 10 of immigrant-friendly countries on the
latest Migrant Integration Policy Index (MIPEX)18. Both the countries grant citizenship on birth.
Unlike most countries, neither require citizens to carry official photo identification, which along
with their liberal immigration policies makes life easier for undocumented immigrants.

Lately, Canada enjoying in the public limelight while the US has been cast out to the shadows.
Donald Trump’s policies on immigration have set off controversies and concern from the public
at large. Rumors come about the immigrant checkpoints and there have been repercussions and
threats to the linguistic sovereignty, religious rights, and legal deterrents to family unification.
US is equally as immigrant-friendly as Canada. In the zero-sum game of immigration, where
worldwide emigration inevitably equals immigration, the US receives more immigrants than any
other country. In fact, the US welcomes about four times as many immigrants as Germany. 19 It is
also to be kept in mind that USA has four times the population than Germany and nearly 10
times more population than Canada, which make its per-capita immigration numbers extremely
pale in that comparison. But it is important to understand “which” immigrants each country
allows in is just as important as the number.

America admits immigrants established primarily on family reunification pleas, while

the Canadian government gives priority to economic-based immigration 20 applications, such as
investor and skilled worker applications. Also, in welcoming refugees through a number of
federal programs, America also has a visa lottery program but on the other hand Canada does
not.21 The characteristic of a lottery program is that there is no bias based on educational or
economic qualifications.

18
Migrant Integration Policy Index 2015, http://mipex.eu/key-findings, last accessed on 30th July, 2017
19
According to the latest data published by the Migration Policy Institute,
http://www.un.org/en/development/desa/population/migration/data/estimates2/estimates15.shtml
20
“Canada’s immigration policy- No country for old men”, The Economist, Jan 8th 2015.
21
Johnson Babalola, “Be Warned, Canada Has No "Visa Lottery Program", Sahara Reporters, Jan 30, 2017
Permanent residents allowed into Canada for economic reasons represented 63% of its total
immigrants in 2015.22 Refugees and Family members represented 12% and 24% respectively.
The scenario in USA is almost the opposite. As per the Homeland Security23, family-based
immigration applications constituted 65% of total immigrants allowed in, with economic-based
and refugee applications each representing 14%.

Reasons why USA and Canadian immigrants were admitted entry in 2015-

Recently in an executive order24 from Donald Trump, admitted an increase in the immigration
officers and an elaboration in the scope of immigrant groups aimed for deportation. During a
week in February, 600 immigrants were arrested across USA. 25 Only time will tell how many
immigrants would be ultimately deported, but if we keep it in perspective, these number do not
surpass any previously established records. The US Immigration and Customs Enforcement
removed 2,40,255 undocumented immigrants in 2016, mostly at borders and points of entry.
President Trump has promised to take out all criminal aliens 26, but in his immigration plan
mentions of such a move for immigrants with previous convictions and not dormant violations
such as falsified identities. The fright of deportation of non-criminal aliens may escalate under
the presidency of Trump is still just fear, and rumors of immigration checkpoints27 are still just
that.

22
“Permanent Residents – Ad Hoc IRCC (Specialized Datasets)”, accessed on 30th July, 2017,
http://open.canada.ca/data/en/dataset/ad975a26-df23-456a-8ada- 756191a23695?
_ga=1.170867744.1072341697.1487947220
23
”Table 6. Persons Obtaining Lawful Permanent Resident Status By Type And Major Class Of Admission: Fiscal
Years 2013 To 2015”, accessed on 30th July, 2017, https://www.dhs.gov/immigration-
statistics/yearbook/2015/table6
24
Matt Ford, “President Trump’s Immigration Policy Takes Shape”, The Atlantic, Feb 21, 2017
25
Liz Robbins and Caitlin Dickerson, “Immigration Agents Arrest 600 People Across U.S. in One Week”, The New
York Times, FEB. 12, 2017
26
“Immigration Reform That Will Make America Great Again”, accessed on 30th July, 2017,
https://assets.donaldjtrump.com/Immigration-Reform-Trump.pdf
27
Russell Brandom, “Fake immigration checkpoint rumors are catching fire on Facebook”, The Verge, Feb 20, 2017
Also accounts of an increase in refugees entering Canada after Trump’s executive order are also
being questioned as falsified and manipulated.28

Prime Minister Justin Trudeau of Canada was lately praised for welcoming the immigrants that
were banned by the US. “Canadians will welcome you, regardless of your faith,” he
proclaimed29. But is this really true? If one is an immigrant with a disability, one can be denied
entry to Canada30 on the basis that your medical care is nothing but a drain on national resources.
Canada’s minister of immigration, refugees and citizenship, Ahmed Hussen, characterized
Trudeau’s declaration by asserting that there will not be an increase in the numbers of refugees
admitted.31 Trudeau’s position is in confirmity with the Canadian population, whose tolerance
toward acceptance of refugees32 ranks about the same as citizens in the US and Europe.

Under Trump more will change, and with the introduction of detentions of undocumented
immigrants who have been residing in the country for years is surely a big cause for concern but
on the other hand Canada has taken a few steps backward on its immigration policy too.
Immigration is complicated. It’s geopolitical, discretionary, and emotional in practice as a result.
But as and when it comes to what’s practiced or preached to immigrants, America is still ahead
of the game.

28
J.J. McCullough, “What the Canadian media ignores about Canada’s ‘new’ refugee crisis”, The Washington Post,
Feb 24, 2017
29
Karen Butler, “Justin Trudeau to immigrants, refugees: 'Canadians will welcome you, regardless of your faith”,
UPI, Jan 29, 2017.
30
Carolyn Zaikowski “Canada is a progressive immigration policy dream — unless you have a disability”, The
Washington Post, Feb 3, 2017
31
Catharine Tunney, “Canada choosing 'the opposite approach' on refugees and immigration: Hussen”, CBC News,
Feb 04, 2017
32
David Akin “Canadians not so 'exceptional' when it comes to immigration and refugee views, new study finds”,
National Post , Feb 7, 2017
 Chapter 4- CONCLUSION AND SUGGESTIONS
The Immigration system in Canada uses a points system to choose immigrants with good
prospects for economic success. It also allows in immigrants to meet the humanitarian
responsibilities. Unfortunately, this system lately has resulted in an inflow of immigrants with
lower incomes and tax payments on average in comparison to those of Canadian-born citizens.
These immigrants inflict a significant fiscal load on the society’s resources that exceeds by far
the gains in economic efficiency and scale arising from the complementarity of labour and from
other gains such as savings in education costs resulting from arrival as adults educated abroad
and reductions in unfunded liabilities of social programs.

The current regime acknowledged the existence of this financial problem and started a series of
new policies to reduce the same. The new policies used in choosing economic immigrants will
reduce fraud and enhance the economic prospects of the future immigrants, but these are to have
minimal effects and are likely to be small.

Canada is accepting more migrants per capita than Europe, Great Britain, and the United States,
and has one of the highest net immigration rates in the world. This course is likely to remain a
fixture of Canadian immigration policy and demography for the future and so too is the stress on
importance of human capital, as immigration becomes ever more closely weaved into economic
policy. However important questions, are still being asked about the social mobility chances that
exist for immigrants, along with the absorption capacity of the Canadian economy. These
patterns of social and economic inclusion of immigrants will still likely to remain a challenge for
a growing and diverse Canadian society.
BIBLIOGRAPHY-
Websites Referred-

 http://www.canadavisa.com/canada-skilled-worker-immigration.html
 http://www.seattletimes.com/nation-world/how-canadas-immigration-system-really-
works-its-complicated/
 https://www.theatlantic.com/politics/archive/2017/03/trump-cotton-perdue-merit-based-
immigration-system/518985/
 https://www.wsj.com/articles/canada-aims-for-tech-talent-emboldened-by-immigration-
worries-in-u-s-1501341804?=e2fb&mod=e2fb
 https://www.usatoday.com/story/news/world/2017/03/01/donald-trump-canada-
immigration-system-merit-based/98594790/