Annex A: 2012 Levels Consultation Background Paper

Immigration Levels Planning:
Balancing Priorities to Meet Canada’s Immigration Objectives

Introduction: Immigration to Canada

Immigration has been a sustaining feature of Canada’s history and continues to play a role in building our country. From Confederation to the global transformations of recent years, hard-working people have come to Canada from all over the world with their skills and entrepreneurial talents, to reunite with family members, or to seek security and stability. Collectively, they have contributed to the development of Canada’s economy, society and culture. In fact, Canada has long been a destination of choice for immigrants. It has one of the highest per capita rates of permanent immigration in the world—roughly 0.8 percent in recent years—and has welcomed 3.5 million immigrants in the last 15 years. Canada is also a leader in granting newcomers the full range of rights and responsibilities that come with citizenship. Indeed, on average, 80% of permanent residents become citizens within four years of arriving.

The Levels Plan: Meeting and Balancing Objectives

The current immigration system must manage multiple objectives. Immigration has a role both in helping to meet the labour market needs of today and helping to build the skilled workforce of the future. It helps reunite families, build strong communities, and support population maintenance and/or growth. In keeping with a proud Canadian tradition, the immigration system supports global humanitarian efforts through the resettlement of refugees and providing assistance to asylum seekers. The immigration system also protects the health, safety and security of Canadians, a responsibility that Citizenship and Immigration Canada (CIC) shares with security partners such as the Canada Border Security Agency and the RCMP.

The annual levels plan must balance the objectives of the immigration program within operational constraints that limit the number of admissions that can be achieved each year. The plan sets out the number of persons Canada expects to welcome in the coming year and must be tabled in Parliament by November 1^st, as per the Immigration and Refugee Protection Act (IRPA)[Note 1]. The plan sets ranges for each of the three classes of permanent residents (economic, family, and protected persons), as well as the subcategories for each. There is also a smaller “other” category. See Appendix A for the 2011 levels plan and Appendix B for recent admissions.

Since jurisdiction over immigration is a shared responsibility, effective collaboration between the Government of Canada and the provinces and territories is essential to the successful management of the immigration program. Provincial and territorial governments are CIC’s primary partners, and the shared goal is to make immigration programs responsive to the unique economic, social and labour market needs of each province and territory. In practice, the federal government has led on immigration policy and delivery, except in the case of Quebec. The Canada-Quebec Accord (1991) granted full responsibility to Quebec for setting admissions and selecting foreign nationals destined to that province. Under the Provincial Nominee Program, provincial governments nominate foreign nationals for permanent migration. The federal government continues to be responsible for processing all applications arising from Quebec selection activities and provincial nominations and for setting the national levels plan.

The Purpose of Consultations on the Levels Plan

The purpose of these consultations is to:

• Provide an overview of the immigration levels planning;
• Seek views on immigration levels from multiple perspectives, including those of employers, unions, settlement service providers, and other key stakeholders; and
• Increase CIC knowledge of local socio-economic and labour market conditions, in a manner that will assist the levels-planning process.

Current Context: The Composition of Immigration to Canada

Economic Class

This class includes persons selected in the following categories, as well as members of the applicant’s immediate family:

• Skilled workers, including federal skilled workers (FSWs) and those selected by Quebec;
• Provincial and territorial nominees (through the Provincial Nominee Program, or PNP);
• The Canadian Experience Class (CEC);
• Live-in caregivers; and
• Business immigrants, including both federal and Quebec-selected applicants.

In the selection of skilled workers, IRPA places emphasis on their level of education, previous work experience, knowledge of English and/or French, age, arranged employment and adaptability, attributes which would indicate their flexibility as the economy shifts. Changes to IRPA announced in June 2008 allowed the Government the authority to process only those FSW applications that responded directly to national labour market pressures. Since the first set of instructions was implemented in November 2008, significant progress has been made in reducing the backlog of applications and in improving the labour market responsiveness of the immigration program. For example, the backlog of FSW applications has been reduced by over 50%.

Business immigrants are selected for their ability to create jobs for themselves and other Canadian residents and to stimulate economic activity. With the PNP, provincial and territorial governments designate immigrants who will meet their local economic needs. The CEC allows certain skilled temporary foreign workers and international students with Canadian degrees and work experience to apply for permanent resident status without leaving Canada. The Live-In Caregiver Program allows Canadians to employ a qualified foreign worker in their private residence to provide care for children, sick or elderly people, or persons with a disability. After two years, these caregivers are eligible to apply for permanent resident status.

Family Class

This class comprises two main groups: (1) spouses, partners and dependent children, and (2) parents and grandparents. Canadian citizens and permanent residents who are 18 years of age or older can sponsor close family members for immigration to Canada. Sponsors are responsible for addressing the essential needs of their family members and ensuring that they do not become dependent on the Canadian social assistance system.

Protected Persons Class

Each year, Canada protects thousands of asylum-seekers through the In-Canada refugee determination system and the resettlement of refugees selected abroad. Refugees selected abroad fall into two categories: government-assisted and privately-sponsored. Protection may also be granted to individuals who are already in Canada and whose removal to their country of nationality or habitual residence would subject them to risk of torture, risk to life, or cruel and unusual treatment or punishment.

Other (Humanitarian and Compassionate and Public Policy)

On an exceptional basis, IRPA gives CIC the authority to grant permanent resident status to individuals and families who would not otherwise qualify in any category, in cases where there are strong humanitarian and compassionate considerations, or for public policy reasons. These discretionary provisions provide the flexibility to approve deserving cases not anticipated in the legislation. This “other” group also includes a small number of ministerial permit holders.

Levels Planning: Considerations

In planning for the total number of persons to admit as permanent residents, CIC not only balances immigration objectives but also considers several other factors, including:

• Government of Canada priorities and commitments;
• Input solicited from consultations with provinces and territories and stakeholders;
• Current and future economic conditions, as well as labour market needs; and
• The capacity of the economy and of communities to welcome newcomers.

Government of Canada Priorities and Commitments

At the highest level, the levels plan must support the Government of Canada’s commitment to an immigration system that continues to balance the three pillars of immigration, namely, to contribute to Canada’s economic prosperity, to reunite families, and to uphold Canada’s humanitarian traditions and obligations. Beyond this, the levels plan must also address a range of other priorities and commitments, including:

• Doing more to meet immediate and regional skills shortages through the use of the ministerial instructions and, PNP, and CEC.
• Reducing the large backlog of applications, especially in the FSW category, that has led to long wait times for applicants wishing to start a new life in Canada;
• Expedited processing for immediate family members; and
• Complying with legislative amendments which commit Canada to resettle an additional 2,500 refugees from overseas, increasing the number of refugees resettled annually to as high as 14,500.

Consultations with Provincial and Territorial Partners and Stakeholders

Levels plans reflect input received from provincial and territorial governments, as well as that solicited from key stakeholders across Canada. This input includes provincial and territorial projections for provincial nominees and, in Quebec’s case, for Quebec-selected skilled worker and business immigrants.

Economic Conditions and Labour Market Needs

CIC takes into account current and projected economic and labour-market conditions when planning admissions. Both long- and short-term labour market needs must be considered. Similar to other countries with aging populations, Canada is facing significant demographic challenges such as slowing labour force growth. Although immigration alone cannot address this problem, it will continue to help build the labour force of tomorrow. With the introduction of ministerial instructions and the occupations-under-pressure list, provincial and territorial input on labour market shortages and economic conditions is of particular importance today.

Capacity to Welcome Newcomers

With a range of programming and significant funding allocated for settlement and integration, the Government of Canada works closely with the provinces and territories to ensure that newcomers have access to the supports they need to find their place in Canadian communities. Accordingly, increases in levels have downstream costs related to settlement programming, and the capacity to welcome immigrants cannot be separated from levels planning.

Capacity to Process Applications

CIC strives to process applications in a timely manner. However, years of receiving more applications every year than could be processed have resulted in large backlogs in many categories, which in turn have led to long wait times for applicants.

Despite the progress made over the first 18 months of Ministerial Instructions in reducing the backlog of applications and improving processing times for FSW applicants, application levels reached above the level that could be processed in a timely way. As a result, the Minister of Citizenship, Immigration and Multiculturalism introduced new Ministerial Instructions on June 26, 2010, to better align the supply of applicants with Canada’s labour market needs and our capacity to process them. FSW applicants must now either have a job offer or experience working in an identified occupation[Note 2]. The occupations are identified through an analysis of labour market information and consultations with provinces, territories, stakeholders and the public. For those applying under the occupation list, the government has limited the total number of applications and the number of applications from any one occupation that will be considered for processing to better manage the supply of applications with labour market demand. The limit does not apply to applicants with an offer of arranged employment. In addition, the instructions require all federal skilled worker and Canadian Experience Class applicants to submit the results of an independent language proficiency assessment from a designated testing agency before their application will be considered.

Canada is not only an attractive destination for those applying for permanent resident status. Recent years have seen a rise in the number of people wishing to come to Canada to work temporarily, to study, or to visit. These requests are often time-sensitive and, given the increasing volumes, have a significant effect on operations at missions around the world.

Conclusion

The annual levels planning exercise is essential for balancing the immigration program’s many objectives and for meeting the Government’s priorities and commitments, as they arise. The Government of Canada recognizes that for immigration to continue to respond to Canada’s needs, it is critical to receive input from its provincial and territorial partners and from immigration stakeholders across the country. We invite you to respond to our online consultation questions on immigration levels and look forward to receiving your input.

Appendix A: The Levels Plan for 2011

*This year admission projections for economic immigration are being presented based on selecting and/or nominating jurisdiction because the direct involvement of provinces and territories in economic immigration has grown. Under the Canada–Quebec Accord Relating to Immigration and Temporary Admission of Aliens, the Government of Quebec has responsibility for selecting immigrants destined to its province, and other jurisdictions participating in the Provincial Nominee Program have the responsibility to nominate foreign nationals for permanent resident status.

†The number of principal applicants and spouses and dependants is estimated based on historical averages, and is included for illustrative purposes only.

Source: Annual Report to Parliament on Immigration, 2010.
http://www.cic.gc.ca/english/resources/publications/annual-report2010/index.asp

Appendix B: Permanent residents Admissions by category, 2006–2010*

* Data for 2010 are preliminary estimates and are subject to change. For 2006-2009, these are updated numbers and may differ from those of Facts and Figures 2009.

** Deferred Removal Order Class and Post-determination Refugee Claimants in Canada.

Source: Citizenship and Immigration Canada, RDM, Preliminary 2010 Data.