ARCHIVED – Annual Report to Parliament on Immigration, 2008

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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.

Budget 2008 addresses the concern of Canadians for border integrity and security. Funding was provided to introduce the use of biometrics data in the visa-issuing process to verify the identity and travel documents of foreign nationals. The Budget announced $26 million over two years to implement the use of fingerprint and photo technology, which will prevent identity fraud and enhance the security of the immigration program. These initiatives will make the immigration system more flexible, efficient and responsive, and at the same time, enhance the safety and security of Canadians. CIC will also continue to work closely with the CBSA and RCMP on this initiative.

Selecting Permanent Residents

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

In 2007, work continued on the design of the new Canadian Experience Class (CEC), which was launched in September 2008. The CEC will create a new avenue for immigration for certain temporary foreign workers and international graduates of Canadian post-secondary institutions with Canadian work experience. Through the CEC, it is expected that newcomers will be more likely to integrate and succeed in Canadian society because of their Canadian experience, and, in turn, their cultural and economic contributions will enrich Canada.

Applications Processed, Visas and Planned Admissions

Regulatory amendments were undertaken to allow admission from within Canada for persons with temporary status in Canada, thus eliminating the need to leave the country and re-enter. Successful permanent residence applicants will have the choice to be admitted at either a port of entry or a CIC local office. Inland admissions apply to all members of the Economic Class, including the new CEC, as well as the Family Class. This measure will improve client service and minimize the burden placed on some applicants who do not reside near the U.S. border and would need to travel significant distances to a port of entry to be granted permanent resident status.

Much of the work involved in making decisions on who is eligible to come to or remain in Canada is based on the consideration and verification of information provided by applicants, 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 does not control all of the steps leading to temporary or permanent admission to Canada, such as 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 2 percent of visas are not used.

CIC processed applications from approximately 360,000 individuals to a final decision for permanent residence both overseas and in Canada, and issued 251,000 visas in 2007.

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.

Skilled Workers

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, which would indicate their ability to move from job to job as the economy shifts.

The formative evaluation of the Federal Skilled Worker Program is currently in the design stages and is expected to provide an early picture regarding the program’s performance. Baseline data continue to be collected, and data volumes are now sufficiently large and representative to conduct an evaluation. Preliminary results will be available in late 2008–2009.

Skilled worker admissions in 2007 reached 97,857, below the planned range of 116,000 to 128,000 announced in the 2007 levels plan.

Business Immigrants

Business immigrants are selected on the basis of their ability to create jobs for themselves and other Canadian residents, contribute capital to the Canadian economy and 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 three years of their arrival, entrepreneur immigrants must hold at least one-third of the equity of a qualifying 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 capital and business 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.

In 2007, business immigrant admissions reached 10,179, meeting the planned range of 9,000 to 11,000 announced in the 2007 levels plan. In 2007–2008, the data requirements to evaluate the federal business programs were refined and a feasibility study was commenced to determine data availability for a full evaluation of these programs in 2011–2012. A review of the Entrepreneur Program from an operational and policy perspective was initiated in the summer of 2007.

Under the revisions to 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. Nova Scotia joined on April 1, 2008. CIC is continuing discussions with other provinces that have expressed an interest in participating. As of March 31, 2008, CIC had outstanding gross allocations of some $1,309,600,000 to the provincial government funds operating under the new IIP.

CIC actively monitors some 30 immigrant investor funds from the pre-April 1999 IIP. The majority of the remaining funds are managed by provincial and 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.

In 2007–2008, the Department negotiated framework agreements with Alberta, Nova Scotia and the Yukon which included annexes on provincial nominees. The renewed agreements are of indefinite duration and replace limits on the number of individuals who can be nominated by the province or territory with commitments to establish mutually agreed upon nomination targets each year. They also include clauses which help to ensure that provinces and territories support and assist the development of official language minority communities throughout Canada.

In 2007, provincial nominee admissions reached 17,095, significantly exceeding the planned range of 13,000 to 14,000 announced in the 2007 levels plan. The increase is due largely to growing nomination volumes by provinces in response to a strong demand for workers with specialized skills in certain regions and labour markets across Canada. CIC continued to process applicants nominated by provinces and territories on a priority basis, in accordance with federal-provincial/territorial agreements. 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, the sick or elderly, 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 2007, there were 6,117 persons admitted under the Live-in Caregiver Program, exceeding the planned range of 3,000 to 5,000 announced in the 2007 levels plan.

Family Class Immigrants

Family reunification remains a key objective of IRPA. In order to facilitate the reunification of families, Canadian citizens and permanent residents may sponsor close relatives to become permanent residents.[note 6] Canadian citizens or permanent residents who are 18 years of age or older may qualify as sponsors. In order to ensure that sponsored relatives are adequately supported and do not need to rely on social assistance, sponsors must meet certain criteria and are responsible for financially supporting their relatives for a period of three to 10 years, depending on their age and relationship to the sponsor.

CIC will continue to carry out analysis with regard to the Family Class to improve understanding of economic, social and cultural contributions made by Family Class immigrants to Canadian society.

Family Class admissions in 2007 reached 66,230, just below the planned range of 67,000 to 69,000 announced in the 2007 levels plan.

Permanent Resident Status on Humanitarian and Compassionate Grounds

In exceptional circumstances, 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. The Department carries out ongoing policy and procedural analysis on the H&C provision in IRPA.

Permanent Resident Cards

The Permanent Resident (PR) Card was introduced with IRPA in 2002, to provide secure status identification documents to facilitate the travel of permanent residents to Canada. On December 31, 2003, the card became mandatory for all permanent residents returning to Canada aboard a commercial carrier. To date, over 2.3 million PR Cards have been issued.

The cards are valid for five years from the date of issue. The first wave of renewals began in 2007, and volume increases related to renewals are expected to continue throughout 2008–2009, which could affect CIC’s ability to maintain its current client service standards. CIC’s website continues to provide clients with information on PR Card renewal.

Statistical Overview of Permanent Residents Admitted in 2007 and 2008

Immigration Targets for 2007

Canada’s Immigration Plan for 2007, set out in the Annual Report to Parliament on Immigration 2006, indicated a target range for new permanent residents of 240,000 to 265,000. 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 2007, a total of 236,758 people were admitted to Canada as permanent residents. While this is slightly below the planned range, over 250,000 visas were issued, which was within the target range of 240,000 to 265,000. It is important to note that CIC 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. In addition, demand from the temporary stream attained an all-time high in 2007 in response to Canada’s strong economic performance. Notwithstanding factors outside of CIC’s control, once admissions of foreign students and temporary foreign workers through the temporary stream are taken into consideration, Canada has, in fact, received more newcomers in 2007 than ever before, with 475,965 arrivals.

Of the permanent residents admitted in 2007:

• 55.4 percent (131,248) were economic immigrants and their dependants, compared to 54.9 percent (138,257) in 2006;
• 28.0 percent (66,230) were in the Family Class, consistent with 28.0 percent (70,506) in 2006;
• 11.8 percent (27,956) were protected persons, compared to 12.9 percent (32,492) in 2006; and
• 4.7 percent (11,201) were granted permanent resident status on H&C grounds, compared to 4 percent (10,223) in 2006.[note 7]

Table 3 provides more detailed breakdowns by immigration category and allows for a comparison with the 2007 Immigration Plan.

Table 3: New Permanent Residents in 2007, by Immigration Category
(Compared to the Immigration Plan)

Source: Citizenship and Immigration Canada, Facts and Figures 2007.

Table 4 breaks down the categories in the Economic Class for 2007 into principal applicants and their dependants (spouses, common-law partners and dependent children). Overall, 41 percent 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 2007, by Principal Applicant and Dependants

Source: Citizenship and Immigration Canada, Facts & Figures 2007

Canada receives its immigrant population from over 200 countries of origin. As indicated in Table 5-A, 52 percent of new immigrants admitted in 2007 came from 10 source countries. Table 5-B shows the breakdown of newcomers by region of origin.

Table 5-A: Permanent Residents Admitted in 2007, by Top 10 Source Countries

Source: Citizenship and Immigration Canada, Facts & Figures 2007

Table 5-B: Permanent Residents Admitted in 2007, by Source Area

Source: Citizenship and Immigration Canada, Facts & Figures 2007

Table 6 demonstrates that, as in previous years, the most popular provinces of destination in 2007 were Ontario (47.0 percent), Quebec (19.1 percent) and British Columbia (16.4 percent).

Table 6: Permanent Residents Admitted in 2007, by Destination and Immigration Category

Source: Citizenship and Immigration Canada, Facts & Figures 2007

NOTE: Due to privacy considerations, some cells in this table are replaced with the notation “—”. As a result, components may not add up to the total indicated.
* “Other” includes Post-Determination Refugee Claimants, Deferred Removal Orders and Temporary Resident Permit Holders.

In terms of the linguistic profile of permanent residents admitted in 2007, 69 percent indicated they had knowledge of French, English or both official languages.

Table 7: Knowledge of Official Languages Among Permanent Residents, 2007

Source: Citizenship and Immigration Canada, Facts & Figures 2007

Table 8 provides a mid-year report on the number of people in the various immigration categories who became permanent residents between January and June 2008. The admissions for 2008 are generally on target in relation to the 2008 Immigration Plan. There are no admissions figures for the CEC for the first six months of 2008 as the program was not launched until September 17, 2008.

Table 8: New Permanent Residents Admitted in 2008 (January to June)

*Percentage of plan calculated using the low end of the 2008 plan.

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 and diversity 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 response to sustained labour market demand, particularly in Western Canada, and further to the Government of Canada’s commitment in Advantage Canada to “making improvements to the Temporary Foreign Worker Program to respond to employer needs,” Canada welcomed a record 165,198 temporary foreign workers (including initial entries and reentries) in 2007.[note 8] This represents an increase of 19 percent from 2006, and the second year of double-digit growth in the program. Since 2004, admissions (including initial entries and re-entries) have increased by 47 percent in response to growing employer demand.

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 2007, approximately 45 percent of the work permits issued did not require an LMO. IRPA and its regulations allow some people to work in Canada without a work permit.[note 9] Some of the common work permit exemptions include business visitors, after-sales service, on-campus employment, performing artists, athletes and coaches, news reporters, public speakers, convention organizers, clergy, health-care students, and crew. Specific hiring criteria may also apply to some sectors and professions, including universities, health care, seasonal agriculture, movie production and performing arts, information technology, and live-in caregiving. In 2007, HRSDC implemented the Expedited Labour Market Opinion Pilot Project in British Columbia and Alberta. Under the pilot, the LMO process was streamlined for 33 specific occupations. Participating employers will first be assessed for eligibility and then, upon agreeing to meet program requirements, will receive their requested LMOs in three to five days. HRSDC and CIC are aware that additional agreements with specific sectors can help streamline processes in Canada but may, at missions, also run the risk of introducing the need for case assessment against an increasing number of factors and thereby introduce a new level of complexity in processing.

Through 2008, CIC was actively involved in initiatives to further facilitate the entry of temporary foreign workers into Canada. As announced in Budget 2007, funding was made available for the implementation of two new Temporary Foreign Worker Units in Moncton and Toronto. Similar to the existing units in Calgary, Vancouver and Montréal, these units provide advice to employers on the use of the Temporary Foreign Worker Program, facilitate the entry of TFWs who do not require a visa or LMO, and pre-screen supporting documents from employers to streamline the application process for such workers. CIC also responded to the increased volume of TFW applications by announcing increased staffing resources in key locations. For example, seven additional positions were announced for the visa office in Manila, Philippines.

CIC and HRSDC, in consultation with the CBSA, are working together on a package of regulatory amendments, announced in Budget 2007, that will facilitate the flow of TFWs to Canada, and establish responsibility for employers and third-party recruiters to comply with program requirements.

A joint HRSDC and CIC information pamphlet was produced for potential TFWs on labour standards and occupational health and safety. It is available at missions overseas and on CIC’s website in English, French, Spanish, Tagalog, Hindi and Mandarin.

In 2007, the governments of Canada and Mexico announced the creation of a Labour Mobility Working Group to explore ways to facilitate labour mobility between the two countries in areas of mutual interest, promote the protection of workers, and share information on skills and credential recognition processes and requirements.

In addition, negotiations with the Government of Ontario on the Temporary Foreign Workers Annex of the Canada-Ontario Immigration Agreement established the basis for similar arrangements with other provinces to allow both levels of government to work together to facilitate the entry of TFWs to support regional economic stability and growth.

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 resident 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. In fact, the number of temporary foreign students who became permanent residents in 2007 is 9,914. This represents 4 percent of the total number of permanent residents for 2007.

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,[note 10] and to all family members or employees of foreign representatives in Canada. The number of foreign students entering Canada in 2007 totalled 74,009 (including initial entries and re-entries), a rise of 3 percent from the previous year’s total of 71,800.[note 11]

In collaboration with partners, CIC successfully delivered key initiatives to help Canada maintain its competitive edge in attracting international students. Following the launch in April 2006 of the Off-Campus Work Permit Program, a national program that allows international students in public post-secondary institutions to seek employment off campus, a pilot project began in 2007 to extend the program to selected private institutions. Memoranda of Understanding to implement the pilot project were finalized with Alberta and Manitoba in 2007, and with British Columbia in 2008. CIC has created a dedicated unit to deal with pressures associated with issuing off-campus permits. As a result, the total number of foreign students who received off-campus work permits increased to 15,454 in 2006–2007 from 1,190 in 2005–2006. During 2007–2008, the number of off-campus work permits issued further increased to reach 17,044.

As well, the Post-Graduation Work Permit Program was significantly improved by extending work permits from one to up to two years for international students who have graduated from public post-secondary institutions and certain private institutions located in regions outside of Montréal, Toronto and Vancouver. The aim is to help spread the benefits of immigration to more of Canada’s regions. During 2006–2007, a total of 1,388 students received two-year work permits. More broadly, the total number of students who received post-graduation work permits increased from 7,354 in 2005–2006 to 9,121 in 2006–2007. In 2007–2008, the number of post-graduation work permits issued increased to 10,933.

Service improvement initiatives were prioritized in 2007 through the development of the e-Channel, an electronic application that includes three e-services: the e-Application, the Electronic Notification System (ENS) and MyCIC. The e-Application will enable applicants to complete, sign, pay for and submit their CIC application online, in a secure manner, while the ENS will allow external partners to communicate and exchange information with CIC in support of immigration processes. MyCIC will be the applicant’s secure portal to CIC’s online services and tools that require authentication. The first release of the e-Channel to the Off-Campus Work Permit Program was launched in June 2008.

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 143 countries require temporary resident visas to visit Canada. 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 2007, CIC processed applications (new and extensions) from over 1,040,000 persons seeking temporary resident visas as tourists and business visitors to Canada.

Temporary Resident Permits

Subsection 24(1) of IRPA authorizes designated officers to issue temporary resident permits (TRPs) to foreign nationals who 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, and include permits issued as part of the Department’s commitment to protecting victims of human trafficking. In exercising their discretion, decision-makers 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.

The guidelines issued in May 2006 to allow immigration officers to issue a TRP to victims of human trafficking in Canada were improved in June 2007 by increasing the maximum length of the initial short-term TRP to 180 days from 120. This short-term TRP provides victims with a period of reflection to escape the influence of their trafficker and consider their options, including pursuing immigration avenues or returning home. The increased duration of the initial TRP allows victims to apply for a work permit. Both the initial TRP and work permit are fee exempt. Medical coverage (including psychological counseling) continues to be provided through the Interim Federal Health Program. A longer-term TRP may be issued to a victim of trafficking if circumstances warrant. In 2007, four permits were issued to three victims of trafficking. This figure includes subsequent permits issued to the same victim in order to maintain legal status in Canada.

Table 9 indicates the number of TRPs issued in 2007, categorized according to grounds of inadmissibility under IRPA. In 2007, 13,244 permits were issued, with approximately 11 percent (1,425) representing TRPs issued to foreign nationals who continued to maintain their status as permit holders from within Canada. Of the total, 323 permits were issued 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 officers working at ports of entry.

Table 9: Temporary Resident Permits Issued from January 1 to December 31, 2007*

* The statistics in this chart include the number of TRPs utilized to enter or remain in Canada in 2007. Source: Field Operations Support System (as of May 19, 2008)

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