Since June, 2002 immigration policy in Canada has been guided by Immigration and Refugee Protection Act (IRPA) and its regulations (CIC, 2005). This new Act “paves the way for the challenges of the 21st century by striking a balance between the need to protect the safety and security of Canadians and Canada’s borders, and Canadian tradition of welcoming newcomers and protecting refugees” (CIC,2005, p.8). Compared to previous Immigration Acts, the current Canadian legislation has new regulations relating to security provisions and refugee protection. In particular, the legislation has separate sections and objectives for immigrants and refugees. This was done recognizing the fundamental differences in the circumstances of refugees and immigrants and that the principles of protection should guide the decisions regarding refugees. Most importantly, the Act gives the government the flexibility to balance immigration with Canada’s labour market needs (CIC, 2002): “The government’s long-term objective is to move immigration levels to approximately one percent of Canada’s population, while bearing in mind Canada’s absorptive capacity” (p.3). Thus, the major goals of Immigration Program, as outlined by IRPA, are: reuniting families, contributing to economic development and protecting refugees (CIC, 2002). Hence, applicants can be admitted into Canada as permanent residents under the under three corresponding classes: Family Class, Refugee Class and Economic Class (CIC, 2002) (see Figure III.1).

Source: Compiled from Citizenship and Immigration Canada (CIC) website.

Family Class:

Members of Family class are those sponsored to come to Canada by a relative, a parent , a spouse, a common-law partner or a conjugal partner who is Canadian citizen or permanent resident, aged over 18 and living in Canada (CIC, 2005; CIC, 2002). There are two processes for sponsoring the family: one process is used for sponsoring a spouse, conjugal or common-law partner and/or dependent children; another process is used to sponsor other eligible relatives (CIC, 2007). In order to be eligible to sponsor a relative, a person must have minimum income needed to support the sponsored relatives as well as his/her own family in Canada (CIC, 2005). In the case of sponsoring the spouse, common-law partner, conjugal partner or dependent children, the sponsor does not have to fulfil these minimum income requirements (CIC, 2005). To sponsor a family member or relative, the sponsors “must submit the required sponsorship application form along with a signed undertaking to the minister of Citizenship and Immigration that he/she will provide for basic requirements (such as food, accommodation and clothing) of the sponsored person for a specified period” (CIC 2005,p.32). During the processing of application, the applicants and their family members must undergo medical, criminal and background checks (CIC, 2002). If applicants are successful, they become permanent residents in Canada, which gives them an opportunity to live, study and work in Canada as long as they are permanent residents (CIC, 2007). After family members or relatives of the sponsor obtain permanent resident status, sponsors are held responsible for providing them with financial support (CIC, 2002). In particular, spouses, common-law, conjugal partners and sponsor’s dependent children aged 22 or over, must be supported for three years, while sponsor’s dependent children under age 22 and other family members must be supported for 10 years (CIC, 2007).

Refugee Class:

Canada admits two classes of refugees and protected persons: “those who apply abroad under the Refugee and Humanitarian Resettlement Program and those who seek asylum on or after arrival in Canada” (CIC, 2005, p.46).

Refugees Selected Abroad: Under the Immigration and Refugee Protection Act, foreign nationals are allowed to apply for refugee protection while residing outside of Canada and to be chosen for resettlement in Canada (CIC, 2002). Resettlement is the term employed by Citizenship and Immigration Canada which refers to the “legal process of bringing a refugee to Canada to live as permanent resident” (CIC, 2007). To be eligible, a refugee must be without any other alternative, such as voluntary repatriation, resettlement in the country of asylum or a resettlement to some other country, or there must be no possibility that such an alternative will come up soon (CIC, 2005). The United Nations High Commissioner for Refugees (UNHCR), referral organizations and private sponsors help CIC to identify refugees for resettlement in Canada (CIC, 2007). People eligible for resettlement must undergo medical, security and criminality screening (CIC, 2005). Depending on whether the person fulfills the requirements of Canada’s refugee resettlement program, the visa officer decides whether or not he/ she will be admitted to Canada (CIC, 2005).

In-Canada Refugee Program: Anybody who has arrived in Canada may claim refugee protection at the point entry or after entry to Canada (at any CIC office in Canada) if he/she “fears persecution or may be at risk of torture or cruel and unusual treatment or punishment, and is unwilling or unable to return to his/her home country” (CIC, 2007). After the submission of an application form, a CIC officer decides whether the person is eligible to be referred to Refugee Protection Division of the Immigration and Refugee Board (IRB) for refugee protection hearing (CIC, 2007). If a person is found eligible, the oral hearing takes place as a way to determine refugee protection. As the hearing is non-adversarial, the claimants are allowed to fully present their cases (CIC, 2002). If the IRB accepts the claim, the person gets the status of “protected person” (CIC, 2007). As such status grants the person the right to stay in Canada, the person is allowed to apply for permanent residence within 180 days (CIC, 2002).

Economic Class:

Permanent residents accepted to Canada under the Economic class are chosen based on their skills and capability to make a significant contribution to the Canadian economy (CIC, 2005). The economic class embraces: skilled workers, provincial and territorial nominees, investors, entrepreneurs and self-employed persons (CIC, 2005).

Skilled workers: In order to apply for permanent residence under the skilled worker category, applicants must fulfil two minimal requirements. First, they have to have “at least one continuous year of full-time, paid work experience or the equivalent in part-time continuous employment within last ten years” (CIC, 2007). Second, their experience should be “Skill Type 0 (managerial occupations), or Skill Level A (professional occupations) or B (technical occupations and skilled trades) on the Canadian National Occupational Classification” (CIC, 2007). Skilled workers are selected for their ability to successfully integrate into fluid labour market and thus benefit the Canadian economy (CIC, 2005, p.37). Accordingly, the applications of skilled workers are assessed on six selection factors for which the points are assigned: applicant’s education, abilities in English and/or French (Canada’s two official languages), experience, age, whether the applicant has arranged employment in Canada and applicant’s adaptability (CIC, 2007). As obvious from the breakdown of points for each of six selection factors displayed in Table IV.1, the regulations established by Immigration and Refugee Protection Act put emphasis on education, language ability and skilled work experience of the applicant rather than his/her experience in one particular occupation (CIC, 2002). To qualify under the Federal Skilled Worker category, applicants must score at least 67 or higher. It is important to note here that the passing mark may be changed by the Minister in order to deal with a great number of applications more effectively while securing economic gains for Canada (CIC, 2005).

Provincial and Territorial Nominees: Currently, under the Provincial Nominee Program (PNP), eight provinces and one territory take part in selecting international workers (CIC, 2005) (see Table IV.2). Provinces may nominate a person for a permanent resident visa if a person possesses the skills, education and work experience needed to match the needs of the labour market in a particular territory or province (CIC, 2007). In order to be granted permanent resident status, the nominees must meet federal admissibility requirements as well as those which relate to health and security (CIC, 2005). The Provincial Nominee Program demonstrates the potential to encourage immigrants to settle outside Canada’s three largest cities, that is Toronto, Montreal and Vancouver and, thus to gravitate towards smaller communities (CIC, 2007). In 2006, for example, Manitoba had the most active PNP accounting for over 6,661 admissions which represented nearly two-thirds of the over 10,000 admissions in that province that year.”(CIC, 2007).

Investors/Entrepreneurs/Self-Employed: Investor applicants must prove that they have business experience. In addition, they must possess a minimum net worth of C$800,000 that was earned legally (CIC, 2005). Lastly, they are expected to make a C$400,000 investment through the Receiver General for Canada before visa is issued (CIC, 2007; CIC, 2005). Such an investment is allocated by the Canadian government to the participating Provinces and Territories who guarantee the investment and use it for creating the jobs and improving their economies (CIC, 2005). Like investors, entrepreneur applicants must show that they have business experience and that they have legally obtained a minimum net worth of C$300,000 (CIC, 2007). Finally, they have to respect the conditions for entrepreneurs after they come to Canada (CIC, 2007). In particular, “entrepreneurs must own and manage a qualifying business in Canada for at least one year in the three years after their arrival in Canada” (CIC, 2005, p.43). A “qualifying business” is one that creates “the equivalent of at least one full-time job (1,950 hours of paid employment) for a Canadian citizen or permanent resident” (other than applicant and his/her dependants) (CIC,2007). Self-employed applicants are “required to have either relevant experience that will make a significant contribution to the cultural or athletic life of Canada or experience in farm management and the intention and ability to purchase and manage a farm in Canada” (CIC, 2007). It is expected that the applicants establish a business and become economically independent, but they do not have to make a minimum investment or employ others (CIC, 2002).