ARCHIVED – Annual Report to Parliament on Immigration, 2005

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Section 3
Selecting Foreign Nationals as Permanent and Temporary Residents

Canada’s immigration program is based on non-discriminatory principles—foreign nationals are assessed according to the same criteria regardless of race, nationality, ethnic origin, colour, religion or gender. CIC aims to ensure that the movement of people into Canada contributes to Canada’s social and economic interests, and meets Canada’s humanitarian commitments. The Department undertakes a wide range of activities to bring foreign nationals to Canada, both as permanent and temporary residents.

3.1 Selecting Permanent Residents

A permanent resident is someone who has been allowed to enter Canada as an immigrant but who has not become a Canadian citizen. IRPA defines three basic classes of permanent residents: economic, family and protected persons [note 4]. In addition, in exceptional circumstances, CIC has the authority to accept as permanent residents foreign nationals who do not meet the usual selection criteria.

Overall, CIC strives to maintain a balanced immigration program that contributes to meeting Canada’s labour market needs, while fostering family reunification and honouring humanitarian principles of refugee protection. Please consult Table 3 for the number of new permanent residents admitted in 2004 under the various immigration categories.

Economic Class Immigrants

IRPA and its regulations modernized Canada’s immigration policy by facilitating the entry into Canada of immigrants who are better prepared to adapt to Canada’s labour market needs and those who can make a contribution to the economy through investments and the establishment of new businesses. The economic class includes skilled workers, business immigrants, provincial nominees and live-in caregivers, as well as members of their immediate family. In recent years, approximately 55% to 60% of new permanent residents have been in the economic class [note 5].

Skilled Workers

To address the current and future demands of the Canadian labour market, the IRPA criteria introduced in June 2002 for the skilled worker category are linked to the selection of immigrants who are capable of adapting and contributing to an evolving labour market. The focus is now on selecting immigrants with the flexible and transferable skills needed to succeed in a rapidly changing, knowledge-based economy, rather than on qualifications for specific occupations. The current criteria place more emphasis on the applicants’ level of education and previous work experience, and there is greater importance attached to their knowledge of English or French. In addition, applicants with pre-arranged employment are awarded extra points. These skilled workers are also expected to have enough money to support themselves and their dependants as they settle in Canada.

While the 2001 Census data indicate a general decline in the economic performance of recent immigrants as a whole, the Department expects that the changes made to the skilled worker selection grid will have an impact on the overall economic performance of skilled worker immigrants once larger numbers of immigrants selected under these criteria begin to arrive and establish themselves in Canada. CIC has developed an evaluation framework to monitor and evaluate the impact of these changes over the next few years as well as over the longer term. Regulatory changes were also introduced in 2004 to give more foreign nationals authorized to work temporarily in Canada credit for arranged employment under the skilled worker grid when they apply for permanent residence.

Having addressed concerns related to program integrity in the arranged employment process, CIC initiated administrative measures to enable immigrant applicants with valid offers of permanent employment to begin work as soon as possible.

Business Immigrants

Business immigrants are selected on the basis of their ability to create jobs for themselves and other Canadian residents, to contribute capital to the Canadian economy and to stimulate economic activity. In 2002, IRPA introduced changes to the Business Immigration Program that were designed to make the selection criteria more objective and to enhance the economic benefits derived from the program.

The three categories of business immigrants are as follows:

1. The Immigrant Investor Program (IIP) seeks to attract immigrants with business and capital management experience. Applicants must demonstrate that they have business experience and a minimum net worth of CAN$800,000. They are required to make an investment of CAN$400,000 that is used for economic development and job creation.
2. The Entrepreneurial Immigration Program is designed to attract immigrants with business experience that can be utilized in Canada. Within two years of their arrival,immigrants must hold at least one-third of the equity of a Canadian business, be actively involved in the management of that business, and employ at least one Canadian citizen or permanent resident.
3. Self-employed persons must demonstrate their ability and their intention to be self-employed upon arrival and to make a significant contribution to specified economic activities in Canada in the area of culture, athletics or farm management.

In 2004, CIC took a number of steps to revitalize its operational and policy partnerships with business immigration stakeholders both inside and outside the Department. These included workshops and training sessions with inland and overseas immigration officers, federal-provincial consultations via the Business Immigration Working Group, and participation in the second annual investor facilitators meeting. CIC maintained ongoing consultations with Quebec, which has the authority under the Canada-Quebec Accord to select its own business immigrants, and provided detailed business immigration training to Quebec selection officers. The Department also completed negotiations related to a pilot project with British Columbia that will test a cooperative model for the more effective delivery of the Business Immigration Program.

A number of initiatives were also put in place to strengthen the Immigrant Investor Program (IIP). CIC met its commitment to finalize 1,000 investor applications. This resulted in a total gross allocation in 2004 of $211 million to the five participating provinces and territories to fund activities intended to increase or maintain employment opportunities for Canadians in those geographic areas by stimulating economic activity. In addition to making presentations to other provinces interested in the IIP, CIC participated in promotional events with partners in Asia; undertook formal negotiations to expand marketing of the IIP in Taiwan; initiated a comprehensive review of the CIC business immigration website; and partnered with Investment Partners Canada to align information regarding business immigration opportunities in support of the broader government objective of encouraging business contacts of all kinds.

In addition, CIC began developing a framework for a comprehensive program evaluation to measure the effectiveness of the Business Immigration Program more concretely. Performance indicators and data sources have been identified, and benchmarking is expected to begin in fiscal year 2005–2006.

Provincial Nominees

The Provincial Nominee Program ( PNP) allows provincial and territorial governments to actively participate in the immigration process. As mentioned earlier in Section 2, a number of provinces have entered into agreements with the Government of Canada to identify and designate the number of nominees needed to meet their local economic needs. While these nominees must meet federal health and security admission criteria, they are not subject to the skilled worker selection grid for determining eligibility. This program has grown five-fold in the past five years.

The PNP has proven to be a model with great potential for supporting the regionalization of immigrants to centres outside Canada’s three largest cities. The most active PNP, that of Manitoba, accounted for over 4,000 landings in 2004, representing more than half of the 7,427 landings in that province that year. It is interesting to note that even in an immigrant-rich province like British Columbia, the provincial nominee population is more evenly distributed outside the Greater Vancouver Area than immigration to British Columbia in general.

Live-in Caregivers

The Live-in Caregiver Program allows individuals residing in Canada to employ a qualified foreign worker in their private residence when there are not enough Canadians and permanent residents to fill the available positions. Live-in caregivers must be qualified to provide care for children, sick or elderly people or persons with a disability. Initially, successful candidates are granted temporary resident status and, after two years, they are eligible to apply for permanent resident status.

In 2004, CIC planned a national round table to consult stakeholders on the future of the Live-in Caregiver Program. During the round table, which took place in January 2005, representatives of foreign workers, employers and provincial governments had the opportunity to express their concerns and give detailed feedback on the program. The core issues were the conditions of the work permit, eligibility criteria and transition to permanent residence. Based on discussions at the round table, CIC is developing measures to improve the program’s effectiveness.

Family Class Immigrants

Reuniting families is an important principle of Canada’s immigration policy. Long-standing policy allows Canadians and permanent residents to bring their family with them when they immigrate or to sponsor close family members for immigration to Canada [note 6]. Family reunification is a priority of IRPA and is reinforced by research which suggests that immigrants tend to establish themselves more easily if they are supported by their families [note 7].

The family class is made up of people who join family members already settled in Canada. Canadian citizens and permanent residents who are 18 years of age or older may sponsor family members who want to become permanent residents of Canada. Eligible family members include the following: spouses/partners, dependent children, parents and grandparents, grandchildren, orphaned brothers/sisters, and orphaned nephews/nieces of the sponsor.

Throughout 2003 and 2004, CIC placed particular priority on ensuring prompt and efficient processing to facilitate family reunification. As a result, the number of family class priority cases (sponsored spouses, partners and dependent children) processed within 6 months rose from 38% in fiscal 2002–2003 to 59% in 2004–2005. Nevertheless, inventories have been building up in the parents and grandparents category. To address this issue, on April 18, 2005, the Minister announced measures totaling $72 million over two years to reduce this inventory by 12,000 people per year.

Sponsors are responsible for providing for the essential needs of their family members upon arrival and for ensuring that they do not become dependent on the Canadian social assistance system for a period of three to 10 years, depending on their age and relationship to the sponsor.

CIC is committed to ensuring that only those Canadian residents who meet the IRPA eligibility criteria are permitted to sponsor relatives for permanent residence in Canada. Since 2002, sponsors in arrears of court-ordered support payments have been ineligible to sponsor. In 2004, CIC initiated a pilot project with the Department of Justice and the Province of Ontario to verify that sponsors meet this requirement. Preliminary reports support broader implementation of this verification process.

Sponsors who default on their undertaking to support a family member cannot usually sponsor again unless they repay the province the amount of social assistance received by a sponsored immigrant. IRPA establishes equal authority for the federal and provincial governments to collect payments from sponsors in cases of default [note 8]. In December 2004, a pilot project was launched with the Canada Revenue Agency (CRA) and the Province of Ontario to facilitate the collection of debts owed by defaulting sponsors. Sponsors in Ontario who default on sponsorship commitments may now have their income tax or GST refunds withheld to pay back the province for social assistance costs incurred by family members they have sponsored. The intention is to expand this pilot nationwide. CIC is also continuing to work with the CRA and the provinces on additional measures to collect debts owing from sponsors.

Permanent Resident Status on Humanitarian and Compassionate Grounds

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, and in cases where there are strong humanitarian, compassionate or public policy reasons to do so. The purpose of these discretionary provisions in IRPA is to provide the flexibility to approve deserving cases not anticipated in the legislation.

3.1.1 Statistical Overview of Permanent Residents Admitted in 2004 and 2005

New Permanent Residents in 2004

In 2004, a total of 235,824 people were admitted to Canada as permanent residents [note 9]. This number falls well within the planned target range of 220,000 to 245,000 permanent residents, as outlined in the Annual Report to Parliament on Immigration – 2004. The 2004 results represent a 7% increase over the 2003 total of 221,355 newcomers [note 10].

Of the newcomers admitted,

• 57% (133,746) were economic immigrants and their dependants in 2004, as compared to 55% (121,042) in 2003;
• 26% (62,246) were in the family class in 2004, as compared to 29% (65,125) in 2003;
• 14% (32,685) were refugees and other protected persons in 2004, as compared to 12% (25,981) in 2003; and
• 3% (6,945) were granted permanent resident status on humanitarian and compassionate (H and C) grounds in 2004, as compared to 4% (9,020) in 2003.

Overall in 2004, 57% of the new permanent residents were in the economic class, while 43% were in the non-economic classes. This proportion is very close to the 55:45 ratio of 2003 and also to the 60:40 desired balance between the economic and non-economic components of the immigration program. The totals for each immigration class fall within the planned range, with the exception of the family class, where the number of newcomers admitted exceeded the target range.

Table 3 provides more detailed breakdowns by immigration category and allows for a comparison with the 2004 Immigration Plan.

Table 3: New Permanent Residents in 2004, by Immigration Category (Compared to the Immigration Plan)

Source: Facts and Figures 2004: Immigration Overview – Permanent and Temporary Residents.

Within the economic class, the number of provincial/territorial nominees rose from 4,418 in 2003 to 6,248 in 2004, an increase of 41% over one year and almost double the projection for 2004. This increase is the result of the enhanced interest in this category by the provinces and territories to meet their local economic needs. So far, Manitoba has used its federal-provincial agreement to the greatest advantage, currently accounting for almost two-thirds of Canada’s provincial nominees in 2004, representing an increase of 30% over 2003. A number of other provinces significantly increased their intake of provincial nominees in 2004. (See Table 6 for details.) For example, the number of provincial nominees increased from 37 to 171 in Newfoundland and Labrador, from 44 to 141 in Prince Edward Island, from 178 to 425 in Alberta, from 173 to 323 in Saskatchewan, and from 0 to 64 in Nova Scotia.

Table 4 breaks down the categories in the economic class for 2004 into principal applicants and their dependants. Overall, 41% of the immigrants selected in the economic class were principal applicants, who were evaluated on the basis of criteria developed to maximize their integration into the labour market or the business world.

Table 4: Permanent Residents in the Economic Class in 2004, by Principal Applicant and Dependants

Source: Facts and Figures 2004: Immigration Overview – Permanent and Temporary Residents.

Canada draws its immigrant population from all over the world—from over 200 different countries of origin. As indicated in Table 5-A, which cites the country of last permanent residence, over half (53% or 123,710) of the new immigrants admitted in 2004 came from 10 source countries. China and India were once again the leading source countries, representing 26% of new permanent residents, while the Philippines and Pakistan ranked third and fourth respectively. The other main countries of origin, in descending order, were the United States, Iran, the United Kingdom, Romania, Korea and France.

From the perspective of region of origin, Table 5-B shows that almost half (48.6%) of the newcomers admitted in 2004 came from the Asia and Pacific region, 21% from Africa and the Middle East, and roughly 18% from Europe and the United Kingdom.

Table 5-A: Permanent Residents Admitted in 2004, by Top 10 Source Countries

Source: Facts and Figures 2004: Immigration Overview – Permanent and Temporary Residents.

Table 5-B: Permanent Residents Admitted in 2004, by Source Area

Source: Facts and Figures 2004: Immigration Overview – Permanent and Temporary Residents.

In 2004, as in recent years, the most popular provinces of destination for new immigrants were Ontario, Quebec and British Columbia. As demonstrated in Table 6, approximately 88% of immigrants admitted in 2004 headed for those three provinces. Of the total new permanent residents, 53% (125,110) went to Ontario; 19% (44,239) were destined for Quebec; and 16% (37,018) chose British Columbia. In addition, the vast majority of newcomers (over three-quarters) chose to settle in Canada’s largest cities, notably Toronto, Montreal and Vancouver.

Of the immigrants who settled in Ontario in 2004, 67,616 were economic immigrants; 35,004 were in the family class; and 18,340 were protected persons. British Columbia attracted 22,928 newcomers in the economic class, 10,866 in the family class and 2,367 protected persons.

Quebec, which has full responsibility for selecting its own immigrants [note 11], welcomed a total of 44,239 permanent residents in 2004. This level falls within the targeted range (40,000 to 45,000) projected by the Government of Quebec. Of the total received, 26,661 were in the economic class; 8,628 were in the family class; and 7,382 were protected persons.

Table 6: Permanent Residents Admitted in 2004,
by Destination and Immigration Category

Source: Facts and Figures 2004: Immigration Overview – Permanent and Temporary Residents.

In terms of the language profile of permanent residents admitted in 2004, 63% stated that they spoke English and/or French, representing an increase of 7% from 2003. On the other hand, 37% of newcomers indicated that they did not speak English or French on arrival. Table 7 illustrates the knowledge of official languages among permanent residents admitted in 2004 according to immigration class. This table shows that 60% of new immigrants admitted in the family class indicated that they knew English and/or French when they arrived, as did 61% of protected persons. In the economic class, 82% of principal applicants and 49% of dependants had knowledge of one or both of Canada’s official languages.

Table 7: Knowledge of Official Languages Among Permanent Residents Admitted in 2004, by Immigration Class

Source: Facts and Figures 2004: Immigration Overview – Permanent and Temporary Residents.

Immigration Targets for 2005

Canada’s Immigration Plan for 2005, set out in the Annual Report to Parliament on Immigration – 2004, indicated a target range of 220,000 to 245,000 new permanent residents. The plan underscored the government’s commitment to balancing immigration in the economic, family and protected persons classes and to maximizing the social and economic benefits to Canada.

Table 8 provides a mid-year report on the number of people who became permanent residents in the first half of the year (between January and June 2005) in the various immigration categories. While the admissions for 2005 are generally on target, the number accepted under the family class is expected to be significantly higher than originally anticipated. As mentioned earlier, on April 18, 2005, the Minister announced new measures to speed up the processing of sponsorship applications for parents and grandparents and to reduce inventories in this category by 12,000 applicants each year over 2005 and 2006. As shown in the table, the targets for the protected persons in Canada category were also adjusted upwards.

Table 8: New Permanent Residents Admitted in 2005 (January to June)

3.2 Selecting Temporary Residents

In addition to selecting permanent residents, Canada’s immigration program provides for the temporary entry of:

• foreign workers and business people who are important to our economic growth;
• foreign students attracted by the quality of our educational system; and
• visitors.

These temporary residents contribute to Canada’s economic development by filling gaps in the labour market, enhancing trade, and purchasing goods and services.

Before coming to Canada, foreign nationals must obtain a temporary resident visa, unless they are nationals of a country that is exempt under the Immigration and Refugee Protection Regulations [note 15]. The Government of Canada’s decisions regarding visa requirements are based on a country-by-country assessment of the risks and benefits associated with the movement of citizens. In general, individuals are eligible as temporary residents only if they are in good health, do not have a criminal record and do not pose a security risk. They must also hold a valid passport or travel document [note 16], have enough money to live on while in Canada, and demonstrate that they will leave voluntarily at the end of their designated time in Canada.

The current processing times for temporary residents at CIC’s missions abroad are as follows: 75% of work permits are processed within 4 weeks; 72% of study permits are processed within 4 weeks; and 72% of visitor visas are processed within 2 days.

Temporary resident programs are demand-driven and responsive in nature. Increased demand creates operational pressures and makes it difficult to reduce or even maintain processing times in parts of the CIC delivery system in Canada and overseas. The introduction of the new GCMS system will ensure efficiencies in the future, although it may create additional administrative pressures that may affect service delivery during the implementation period.

CIC continually strives to improve service delivery to clients and enhance program efficiency. For example, the Department recently implemented measures to streamline procedures and reduce the administrative burden on clients in the temporary resident programs. These changes included issuing study permits to international students for the duration of their post-secondary studies, wherever possible, and removing some restrictions on these study permits. In addition, as noted in Section 3.1, the Minister announced significant financial investments to address pressures in several programs, including the foreign student program.

Foreign Workers

CIC facilitates the temporary entry of workers needed to address labour market shortages and to provide other economic opportunities for Canadians such as job creation and the transfer of new skills and knowledge. As a general rule, foreign workers must have an approved job offer and a work permit before arriving in Canada. Once issued, a work permit is valid for only one type of employment with a specific employer and for a specific period.

In 2004, CIC admitted 90,668 foreign workers [note 17], for whom employment was authorized, to fill skill gaps in the domestic labour market. This total represents an increase of about 6% over the level of 85,501 recorded in 2003.

CIC works in close collaboration with Human Resources and Skills Development Canada (HRSDCs) to ensure that the admission of foreign workers does not adversely affect employment opportunities for Canadian citizens or permanent residents.

Before a work permit can be offered to a foreign worker, the employer’s job offer is assessed by HRSDCs. In addition, HRSDCs can enter into agreements with specific sectors that are experiencing serious labour shortages to help expedite the issuing of the necessary work permits. In certain circumstances, foreign nationals in Canada can receive a work permit without having the job offer approved by HRSDCs, or they may not need a work permit issued by CIC [note 18]. In addition, specific hiring criteria apply to some sectors and professions, including universities, seasonal agriculture, movie production and performing arts, information technology and live-in caregiving.

To expedite the entry of workers whose services are urgently required by their Canadian employer, a regulatory change was introduced in 2004 to allow foreign workers to apply for a work permit at a port of entry if they are citizens of visa-exempt countries and have a job offer confirmed by HRSDCs.

CIC was actively involved in initiatives to further facilitate the entry of temporary foreign workers to Canada. Revisions to the North American Free Trade Agreement, negotiated with the United States and Mexico, resulted in additions to the list of professionals who are eligible to work temporarily in each other’s countries. Also, after consultations with the oil industry, the Province of Alberta and HRSDCs, an agreement was reached to facilitate the recruitment of oil sands workers needed for the further economic development of Alberta oil sands projects in the near future.

Foreign Students

The federal government has committed to making Canada a destination of choice for talented foreign students [note 19]. International students enrich the learning environment within Canadian educational institutions and represent an important source of income for Canadian schools. International students who enter Canada on temporary visas may also be an important source of future immigrants in the skilled worker category since they are well prepared for the Canadian labour market.

To obtain a study permit, candidates must submit an application to a visa office outside Canada for approval. The permit indicates the level of study and the intended duration. With the introduction of IRPA, foreign nationals taking a course or participating in a short program of study that is less than six months in duration no longer require a study permit. This exemption also applies to minor children already in Canada whose parents are not temporary residents in the visitor category [note 20], and to all family members or employees of foreign representatives in Canada.

The number of new study permits accorded to international students in 2004 totaled 56,536 [note 21]. The decrease of approximately 6% from the previous year’s total of 60,201 stems primarily from legislative and policy changes intended to expedite the entry of qualified foreign students.

To strengthen the integrity of the program, a regulatory change was made in 2004 to require all international students seeking to remain in Canada to demonstrate that they are in “good standing” at the educational institution at which they have been studying. Study permit renewals are denied to those who have discontinued their studies.

In addition, CIC has recently enhanced Canada’s international competitiveness for international students by

• expediting the processing of study permit applications;
• increasing access to the Canadian labour market during the period of study; and
• enhancing post-graduation employment opportunities outside Toronto, Montreal and Vancouver.

Pilot projects initiated in 2003 (in Alberta, New Brunswick and Manitoba) to test these program changes proved to be highly popular with international students, educational stakeholders and provinces. In 2004–2005, CIC signed agreements with Saskatchewan, Nova Scotia, and Newfoundland and Labrador to allow international students to work in Canada for a second year after graduation. An agreement was also reached with Quebec to allow students outside Montreal and Québec City to work off campus.

On April 18, 2005, the Minister announced initiatives to address some key issues facing international students. These included the expansion of the pilot projects mentioned previously that aim to better attract, integrate and retain international students in regions of the country in partnership with the provinces and educational institutions. The first pilot project will allow international students at public post-secondary institutions to work off campus while completing their studies so that they can experience the Canadian labour market and gain a greater understanding of Canadian society [note 22]. The second pilot project will allow students to work in Canada for two years after their graduation, rather than one year. To help spread the benefits of immigration to more of Canada’s regions, this second initiative will apply outside Toronto, Montreal and Vancouver. The Government of Canada is investing $10 million a year for five years to support these new initiatives.

Visitors

Tourists and business visitors make a significant contribution to our economy by creating a demand for services in the hospitality sector and allowing Canadian businesses to benefit from their specialized expertise. In 2004, CIC processed over 850,000 applications for temporary resident visas for tourists and business visitors to Canada, a 24% increase over the previous year. With this increase, volumes have now returned to the record-high levels established in 2000, prior to the terrorist attacks in the U.S. on September 11, 2001, and the SARS epidemic in 2003.

Of these applications, 684,341 temporary visitor visas were issued, compared to 526,517 in 2003, representing a 30% increase. Millions of additional foreign visitors from countries whose citizens do not require a visa to travel to Canada (such as the United States and most European countries) also cross our borders every year.

In 2004, in addition to foreign workers, international students and refugee claimants [note 23], 74,826 visitor records were issued to foreign nationals on entry to Canada, marking an increase of about 9% over 2003. These include, for example, foreign nationals who want to stay in Canada for over six months without working or studying, visitors who intend to work but who are not required to obtain a work permit, and business visitors under NAFTA who provide after-sales service for longer than two days.

Temporary Resident Permits

Subsection 24.(1) of IRPA authorizes the Minister and CIC to issue temporary resident permits to foreign nationals who want to enter Canada for a variety of reasons, including tourism, business, humanitarian considerations or the national interest. These permits are issued only when there is little or no risk to Canada. These foreign nationals are allowed to enter Canada despite being inadmissible on technical, medical or criminal grounds or for reasons of security, infringement of human or international rights, or organized crime. Issued for a limited period of time and subject to cancellation at any time, temporary resident permits give CIC the flexibility to address exceptional circumstances.

Table 9 indicates the number of temporary resident permits issued in 2004, categorized according to grounds of inadmissibility under IRPA. In 2004, 13,598 temporary resident permits were issued, including 189 extensions to the original period of an authorized stay. The number of permits issued represents an increase of 1,529 permits over the 2003 total of 12,069. Of the 2004 total, 875 individuals (6%) were issued permits upon ministerial instruction.

Authority to issue temporary resident permits is shared between CIC departmental officials and CBSAs officials working at Canadian ports of entry. In 2004, 14% of the permits (1,952) were issued outside Canada, another 14% (1,868) were issued inside Canada, and 72% (9,784) were issued at ports of entry such as borders and airports.

Table 9: Temporary Resident Permits Issued from January 1 to December 31, 2004, to Persons Seeking to Enter Canada and Found to Be Inadmissible under IRPA

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