Canadian immigration - what's in store for 2015

By Catherine Sas,
Special to The Post

There is promise that 2015 will be a banner year for Canada’s immigration programs with dramatic changes in virtually every aspect of program delivery: selection of skilled immigrants, processing of inland spousal applicants, and new criteria for both business immigration and citizenship applicants.
Here are the highlights of the many changes in Canada's immigration program in store for the year ahead.

Inland spousal work permits

There is a speedy new program for issuing work permits to spouses inside of Canada waiting to have their cases considered. Work permits can be issued in a timely manner to spousal applicants in advance of any determination of the merits of their application. Previously many spouses were waiting over two years without being able to work while their applications for permanent residence were being processed. 

Faster processing for caregivers

Canada's "Live-in Caregiver program" morphed into the "Caregiver program" eliminating the need for caregivers to reside with their employers and promising speedier processing times for permanent resident application processing for those who have completed their work period. Minister Alexander also introduced two separate caregiving streams: the Caring for Children pathway and the Caring for People with High Medical Needs pathway. The annual target of caregiver applications processed will increase from 17,500 permanent resident admissions in 2014 to 30,000 admissions in 2015.

Changes to Citizenship Requirements

For the first time residency is now defined as physical presence and the necessary time period in Canada has increased.
To be eligible for citizenship a person must be physically present in Canada for four full years (1460 days) within a six year period (2190 days).
You must also be in Canada for a minimum of 183 days in each of those years such that you are now a Canadian resident for tax purposes. Knowledge and language requirements have been strengthened. All applicants 14 - 64 years of age will need to pass a knowledge test and provide proof of language ability in one of our official languages - English or French - in accordance with defined language criteria.

A New Investor Immigration Pilot Program

On February 11, 2014 the Government of Canada terminated both the Entrepreneur and Investor categories. Approximately 20,000 - 25,000 Investor files in process were cancelled.
On December 16, 2014, CIC announced the unveiling of the new Immigrant Investor Venture Capital pilot program. Prospective Investor applicants will be required to make an investment of $2 million for a period of 15 years and will need to demonstrate a net worth of $10 million as well as satisfy certain eligibility criteria related to language, education and previous business experience. This new program will begin accepting applications later this month and will provide a pathway to permanent residency for approximately 50 immigrant investors and their families.

Express Entry

Canada's immigration selection system has been forever changed as of January 1, 2015 with the introduction of the Express Entry program.
It is the most significant transformation of Canada's immigration program in over a century - our economic immigration program went from being an applicant driven responsive model to a government driven selective model. 
CIC has now been empowered to only select those applicants that they determine possess the skills and experience that they are seeking. Interested applicants will provide preliminary information to the government regarding their education, skills, work experience and language proficiency as well as other biographical data.
The information that applicants provide will be assessed on a "human capital grid" and based upon their score they will be invited to submit an electronic application for permanent residence.
Only the best applicants or those whose qualifications match with a specific employer's requirements will be invited to submit an application for permanent residence. Without an Invitation To Apply (ITA) prospective immigrants to Canada are shut out of the process.
Express Entry will be a mandatory first step in the Federal Skilled Worker Program (FSWP), the Federal Skilled Trades program (FSTP), and the Canadian Experience Class (CEC). In addition, provinces and territories will be able to use Express Entry to identify additional provincial nominees to an overall and by-jurisdiction limit. Canada's Job Bank will provide a matching component between prospective applicants and registered employers.
This computer program is not yet operational but is targeted to be up and running by this summer.

Catherine Sas, Q.C. is a Partner in the Immigration group. With over 20 years of experience, she provides a full range of immigration services and is a leading immigration practitioner  (Lexpert, Who’s Who Legal, Best Lawyers in Canada).  Go to www.canadian-visa-lawyer.com or email [email protected].