ARCHIVED – Annual Report to Parliament on Immigration, 2007

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Section 3
Selecting Foreign Nationals as Permanent and Temporary Residents

CIC aims to ensure that the movement of people into Canada contributes to the country’s social and economic interests, and meets its humanitarian commitments while protecting the health, safety and security of Canadians. Canada’s immigration program is based on nondiscriminatory principles – foreign nationals are assessed without regard to race, nationality, ethnic origin, colour, religion or gender.

Selecting Permanent Residents

Overall, CIC maintains a balanced immigration program that contributes to meeting Canada’s labour market needs while fostering family reunification and honouring the humanitarian principles of refugee protection. Permanent residents are persons who have not yet become Canadian citizens, but who have been allowed to live and work in Canada indefinitely, provided they meet the residency requirements and do not lose their status by reason of serious criminality, security, human rights violations, organized crime or misrepresentation. IRPA defines three basic classes of permanent residents: Economic, Family and Protected Persons.

A 50% reduction in the Right of Permanent Residence Fee became effective May 3, 2006. The intention is to make it easier and more attractive to come to Canada by reducing the costs associated with migration. This measure contributes to the Government’s commitment to promote a welcoming and well-managed immigration program in Canada.

Other initiatives in 2006 included policy and planning work to develop options for facilitating the transition from temporary to permanent status. This culminated in the announcement in Budget 2007 of a proposed new avenue to immigration by permitting, under certain conditions, foreign students with Canadian credentials and skilled work experience, and skilled temporary foreign workers who are already in Canada to apply for permanent residence. This will allow qualified individuals with Canadian skilled work experience, or with a combination of Canadian work and studies, to make the transition to permanent status. The program is expected to lead to improved economic outcomes for newcomers in this class.

In addition, the interim policy on same-sex marriages was repealed in December 2006. As a result, same-sex marriages are now recognized for all immigration purposes as long as the marriage is legally recognized both under Canadian law and, where the marriage occurred outside of Canada, in the country where the ceremony occurred.

Applications Processed, Visas and Planned Admissions

In 2006, CIC worked with its partners in Canada and overseas to support the admission of 1.2 million temporary residents and more than a quarter-million permanent residents. Much of the work involved in making decisions on who is eligible to come to or remain in Canada is based on the verification of information provided and checks to ensure that these persons do not pose a security or health risk to Canada. In most cases, CIC’s role begins when an application is submitted at any of the hundreds of points of service in Canada and abroad, and ends when a visa is issued overseas or an application is approved in Canada. CIC therefore controls all but one of the steps that lead to temporary or permanent admission to Canada: namely, when successful applicants and their families decide to travel to Canada. For a number of reasons, not every visa issued results in a person arriving, and in an average year, about 4% of visas are not used. In 2006, CIC processed approximately 360,000 applications for permanent residence both overseas and in Canada; some 217,000 visas were issued overseas, and more than 37,000 applications for permanent residence were approved in Canada.

Table 3 provides the number of new permanent residents admitted in 2006 under the various immigration categories.

Economic Class Immigrants

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 this class. (Note that the figures in the Economic Class may include an applicant’s spouse and children.)

Skilled Workers

IRPA places emphasis on the applicant’s level of education, previous work experience, and 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 funds to support themselves and their dependants as they settle in Canada.

The Department expects that the new selection grid introduced by IRPA in June 2002 will have a positive impact on the long-term ability of skilled workers to integrate effectively and adapt to changing labour market circumstances. CIC will begin an evaluation in 2007–2008, to be completed in 2008–2009, that will monitor these changes and allow for an assessment of economic outcomes for the first year of settlement.

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.

The three categories of business immigration are as follows:

(1) The Entrepreneur 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.

(2) Self-employed persons must demonstrate their ability and their intention to be self-employed upon arrival and to make a significant contribution to specific economic activities in Canada in the area of culture, athletics or farm management.

(3) 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 $800,000. They are required to make an investment of $400,000 that is used for economic development and job creation.

Under the IIP, as of April 1, 1999, CIC acts as an agent to allocate immigrant investor capital to participating provincial and territorial governments for their use in economic development initiatives. Newfoundland and Labrador, Ontario, British Columbia, Prince Edward Island, Manitoba and the Northwest Territories participate in the IIP. No new provinces or territories joined the program in 2006–2007; however, CIC is continuing discussions with other provinces that have expressed an interest in participating. As of March 31, 2007, CIC had outstanding gross allocations of some $875.2 million to the provincial government funds operating under the new IIP.

CIC actively monitors some 40 immigrant investor funds from the pre-April 1999 IIP. The majority of the remaining funds are managed by provincial/territorial governments for investment in their respective economies. CIC ensures that partners managing the funds are in compliance with the 1976 Immigration Act.

Provincial and Territorial Nominees

The PNP allows provincial and territorial governments to participate actively in the immigration process. As noted in section 2, a number of provinces and territories have entered into agreements with the Government of Canada to designate immigrants who will 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 the potential to support efforts to encourage immigrants to settle outside Canada’s three largest cities. Manitoba has the most active PNP and accounted for over 6,661 admissions in 2006, representing 66.3% of the 10,051 admissions in that province that year. In recent negotiations of PNP agreements with provinces and territories, clauses have been integrated that support official language minority communities.

CIC signed new agreements with Alberta, Nova Scotia, and Newfoundland and Labrador. See Table 2 for more details on federal-provincial/territorial agreements.

Live-in Caregivers

The Live-in Caregiver Program allows individuals residing in Canada to employ qualified foreign workers 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 a work permit and, after two years, they are eligible to apply for permanent resident status. In 2006, the maximum duration of the work permit for live-in caregivers was extended from one year to three years and three months.

Family Class Immigrants

Reuniting families is an important principle of Canada’s immigration policy and legislation. Long-standing policy allows Canadian citizens and permanent residents to bring their family with them when they immigrate or to sponsor close family members for immigration to Canada (for more information, see www.cic.gc.ca/english/immigrate/sponsor/index.asp).

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

Since 2003, CIC has placed particular emphasis on ensuring prompt and efficient processing to facilitate family reunification in Family Class priority cases (sponsored spouses, partners and dependent children). As a result, the percentage of Family Class priority cases processed within six months rose from 38% in 2002–2003 to 70% in 2006–2007. Nevertheless, inventories have been building up in the Parents and Grandparents category.

To address this issue, CIC introduced measures to increase the number of admissions in this category. As a result, 20,006 parents and grandparents were admitted overall in 2006.

CIC is committed to ensuring that only those Canadian residents who meet 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. 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.

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, in cases where there are strong humanitarian and compassionate (H&C) considerations, or for public policy reasons. The purpose of these discretionary provisions is to provide the flexibility to approve deserving cases not anticipated in the legislation.

An evaluation framework was completed in December of 2006, as part of the ongoing review of the current H&C policy. The review will continue through 2007–2008 and is expected to identify areas where the policy may be improved.

Statistical Overview of Permanent Residents Admitted in 2006 and 2007

Immigration Targets for 2006

Canada’s Immigration Plan for 2006, set out in the Annual Report to Parliament on Immigration 2005, indicated a target range for new permanent residents of 225,000 to 255,000. 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.

In 2006, a total of 251,649 people were admitted to Canada as permanent residents. This number falls within the planned target range of 225,000 to 255,000 permanent residents. The 2006 results represent a 4% decrease over the 2005 total of 262,236 newcomers. There are a variety of factors that explain this slight decrease in the level of admissions in 2006. First and foremost, 2005 saw a spike of 6,971 admissions in the Parents and Grandparents category, following a decision to increase the target. As well, on average, immigrants used their visas faster in 2005, with the standard time between visa issuance and immigrant arrival in Canada declining by close to 30 days in 2005. This resulted in almost one “extra” month of admissions in 2005. Moreover, in 2005, the number of people with immigrant visas who chose not to use them dropped substantially compared with other years.

Of the newcomers admitted:

• 54.9% (138,257) were economic immigrants and their dependants in 2006, as compared to 59.61% (156,310) in 2005;
• 28% (70,506) were in the Family Class in 2006, as compared to 24.16% (63,352) in 2005;
• 12.9% (32,492) were protected persons in 2006, as compared to 13.64% (35,768) in 2005; and
• 4% (10,223) were granted permanent resident status on H&C grounds in 2006, as compared to 2.54% (6,653) in 2005.

Overall, in 2006, almost 55% of the new permanent residents were in the Economic Class, while just over 45% were in the noneconomic classes. Table 3 provides more detailed breakdowns by immigration category and allows for a comparison with the 2006 Immigration Plan.

Table 3: New Permanent Residents in 2006, by Immigration Category
(Compared to the Immigration Plan)

Source: Citizenship and Immigration Canada, Facts and Figures 2006.

Table 4 breaks down the categories in the Economic Class for 2006 into principal
applicants and their dependants. Overall, 40% 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 business world.

Table 4: Permanent Residents in the Economic Class in 2006, by Principal Applicant and Dependants

Source: Citizenship and Immigration Canada, Facts & Figures 2006

Canada receives its immigrant population from over 200 countries of origin. As indicated in
Table 5-A, 53.8% of new immigrants admitted in 2006 came from 10 source countries. Table 5-B shows the breakdown of newcomers by region of origin.

Table 5-A: Permanent Residents Admitted in 2006, by Top 10 Source Countries

Source: Citizenship and Immigration Canada, Facts & Figures 2006

Table 5-B: Permanent Residents Admitted in 2006, by Source Area

Source: Citizenship and Immigration Canada, Facts & Figures 2006

Table 6 demonstrates that, as in previous years, the most popular provinces of destination in 2006 were Ontario (50.0%), Quebec (17.8%) and British Columbia (16.7%).

Table 6: Permanent Residents Admitted in 2006, by Destination and Immigration Category

Table 7: Knowledge of Official Languages Among Permanent Residents, 2006*

Table 8: New Permanent Residents Admitted in 2007 (January to June)

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.

Foreign nationals wishing to come to Canada as temporary residents must show that they will respect the conditions that apply to temporary residents. Individuals who apply to come to Canada as temporary residents must satisfy the visa officer abroad that they are in good health (in some cases, a medical examination may be required); have not committed a crime; do not pose a threat to Canada’s security; have a valid passport or travel document; have enough money to support themselves and their family members while in Canada; will leave Canada voluntarily at the end of their authorized stay; and meet all other requirements under IRPA.

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. With a few exceptions, foreign workers must have an approved job offer and a work permit before arriving in Canada. CIC works in close collaboration with HRSDC to ensure that the admission of foreign workers does not adversely affect employment opportunities for Canadian citizens or permanent residents.

In 2006, CIC admitted 112,658 foreign workers for whom employment was authorized, to fill skill gaps in the domestic labour market. This total represents an increase of about 13% over the level of 99,141 recorded in 2005.

In many cases, before a work permit can be offered to a foreign worker, HRSDC must provide a Labour Market Opinion (LMO) regarding the employer’s job offer. In addition, HRSDC 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 HRSDC, for example, under the North American Free Trade Agreement or for intra-company transfers. In 2006, approximately 50% of the work permits issued did not require an LMO. As well, some foreign workers do not need a work permit issued by CIC. (For more information on specific cases allowed under IRPA, see www.cic.gc.ca/english/work/apply-who-nopermit.asp.) Specific hiring criteria may also apply to some sectors and professions, including universities, seasonal agriculture, movie production and performing arts, information technology, and live-in caregiving.

CIC is actively involved in initiatives to further facilitate the entry of temporary foreign workers into Canada. Requests for the entry of foreign workers have been processed more quickly thanks to ongoing discussions at the federal and provincial/territorial levels and with stakeholders in certain sectors with acute labour shortages. In addition, work by HRSDC and CIC is well underway to support a series of improvements to the Temporary Foreign Worker Program. These improvements are designed to reduce processing delays and respond more effectively to regional labour and skill shortages.

Key initiatives in 2006 included extending the maximum duration of the work permit for temporary foreign workers with less formal training from 12 months to up to 24 months; extending the maximum duration of the work permit for live-in caregivers from one year to three years and three months; and expediting the process for employers hiring foreign workers by allowing, at the workers’ request, work permit applications to be processed at the same time as applications for an LMO with HRSDC.

Foreign Students

Foreign students bring with them new ideas and cultures that enrich the learning environment within Canadian educational institutions. Foreign 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. 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 (for further information on minor children studying in Canada, see www.cic.gc.ca/english/study/study-minors.asp) and to all family members or employees of foreign representatives in Canada. The number of foreign students entering Canada in 2006 totalled 61,703, a rise of 9% from the previous year’s total of 55,975.

Building on the success of the pilots for off-campus work opportunities for foreign students, the Minister announced in April 2006 the national roll-out for the Off-Campus Work Permit Program, which will allow foreign students to gain valuable Canadian work experience. Foreign students will be able to work off campus during their course of study and for up to two years after graduation. (For more details on this new program, please visit www.cic.gc.ca/english/study/index.asp.)

Visitors

Under IRPA, every foreign national wishing to visit Canada must have a temporary resident visa before arriving in Canada unless they are from countries specifically exempted in the Immigration and Refugee Protection Regulations, or unless they benefit from certain other limited exceptions, for example, being members of the diplomatic corps. At present, citizens from 146 countries require temporary resident visas to visit Canada. Currently, 46 countries are visa-exempt. The list of countries requiring visas to enter Canada can be found at www.cic.gc.ca/english/visit/visas.asp.

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 2006, CIC processed applications from 987,378 persons seeking temporary resident visas as tourists and business visitors to Canada, approximately a 7% increase over the previous year (920,664 persons). Millions of additional foreign visitors from countries whose citizens do not require a visa to travel to Canada also cross our borders every year.

In addition to the above, 123,266 visitor records were issued to foreign nationals on entry into Canada. 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 are not required to obtain a work permit, and business visitors under the North American Free Trade Agreement who provide after-sales service for longer than two days.

In the continuing World Trade Organization negotiations concerning trade in services, Canada tabled a revised offer to liberalize further rules and regulations on the temporary entry of certain business persons. However, future negotiations have been postponed indefinitely. CIC contributed to the federal government initiative to improve the accessibility and quality of information about Canada to tourists and business visitors by providing content on temporary entry rules and regulations on the Going to Canada Web site at www.goingtocanada.gc.ca.

Temporary Resident Permits

As part of the Department’s commitment to protecting victims of human trafficking, guidelines were released in May 2006 which encourage immigration officers to issue possible victims a short-term temporary resident permit (TRP). A longer-term TRP can be issued when it is established that the person is a victim of trafficking. The initial permit is fee-exempt. The permit gives access to health care and counselling via the Interim Federal Health Program (IFHP). The guidelines were further refined and updated in June 2007.

Subsection 24(1) of IRPA authorizes designated officers to issue temporary resident permits to foreign nationals whom they believe are inadmissible or who do not meet the requirements of the Act. These permits are issued when there are compelling reasons to admit an otherwise inadmissible individual into Canada. In exercising their discretion, officers must take into consideration any instructions issued by the Minister under subsection 24(3), and weigh the risk to Canada against the reason for permitting temporary residence. Issued for a limited period and subject to cancellation at any time, TRPs give CIC the flexibility to address exceptional circumstances or cases affecting the national interest.

Table 9 indicates the number of TRPs issued in 2006, categorized according to grounds of inadmissibility under IRPA. In 2006, 13,412 permits were issued, with approximately 11% (1,426) representing TRPs issued to foreign nationals who continued to maintain their status as permit holders from within Canada. Of the total, 203 individuals were issued permits in light of ministerial instruction. The balance was authorized by departmental officials. The authority to issue TRPs is shared between delegated CIC officials and CBSA officials working at ports of entry.

Table 9: Temporary Resident Permits Issued from January 1 to December 31, 2006*

* In 2005, the number of permits reported represented the total number approved. However, the statistics in the above chart include the number of TRPs utilized to enter or remain in Canada in 2006.

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