Law Times

Page 10 March 3, 2014 • Law TiMes www.lawtimesnews.com Canadian experience class Mixed reviews for changes to popular program FOCUS mmigration lawyers have given a mixed recep- tion to the federal government's revamp of one of its most popular immigration programs. e government introduced a new over- all cap to the fi ve-year-old Canadian experience class in November that limits the number of ap- plications to 12,000 per processing year. e move also included sub-caps for entry under cer- tain occupation categories. Toronto lawyer Lainie Appleby, a partner with Guberman Garson Immigration Lawyers, says the changes needlessly complicate a previously straightforward program. "I think the [Canadian experience class] was a great program because it encouraged people get- ting Canadian experience to stay here, but it's a challenge these days," she says. "I think all the studies indicate that it's the for- eign workers who have Canadian experience in their back pocket that end up doing the best at establishing themselves here and contributing to the economy. I can't fi gure out the policy ratio- nale behind limiting these people that make ideal immigrants." Before the most recent changes, Appleby says the Canadian experience class was her fi rm's "go- to program" for eligible immigrants seeking per- manent residence because of its relative simplicity. e program is open to foreign skilled workers employed in Canada in jobs under national oc- cupational classifi cation skill levels A, B, and 0. Applicants must have at least 12 months of full- time work experience during the last three years and be able to demonstrate profi ciency in English or French. International students who complete at least two years of post-secondary education in Canada can also qualify for the Canadian experi- ence class with one year of post-graduation em- ployment in a level A, B or 0 job. "We liked it because it's a pass-fail system. ere's no real discretionary element that you get in other programs and the processing times tend to be much quicker, too," says Appleby. Sergio Karas, a program co-ordinator for the Ontario Bar Association's citizenship and immi- gration law section, says clients of his at large mul- tinational employers have made signifi cant use of the Canadian experience class. "When there's any kind of interest by an em- ployer to keep an employee on a permanent basis, I suggest that the employee applies under the [Ca- nadian experience class] as soon as they meet that required 52-week work period. It's the simplest, easiest, and least costly way for an applicant already in Canada working or studying to get permanent residence," he says. Since its creation in 2008, more than 25,000 ap- plicants have gained permanent residence through the Canadian experience class with the govern- ment expecting another 15,000 admissions in 2014 alone. Blaney McMurtry LLP partner Henry Subscribe today to the ultimate source for today's legal profession! Keep up-to-date and informed for only $75 a year. To order your copy visit www.canadianlawyermag.com or call 416.609.3800 or 1.800.387.5164 SUBSCRIBE TODAY AND RECEIVE: r JTTVFTDPOUBJOJOHVOCJBTFESFQPSUJOH BOEBOBMZTJTPG$BOBEBTMFHBMMBOETDBQF r '3&&FYDMVTJWFBDDFTTUPUIFCanadian Lawyer EJHJUBMFEJUJPOBOEEJHJUBMFEJUJPOBSDIJWFT r '3&&XFFLMZFOFXTMFUUFSm$BOBEJBO-FHBM/FXTXJSF FEJUFECZUIFTBNFFEJUPSTUIBUDSFBUFCanadian Lawyer FREE Digital edition included! Untitled-3 1 14-02-25 2:49 PM BY mIcHAel mcKIeRNAN For Law Times I Chang believes it's the very popularity of the program that has prompted the government to step in with caps. "It was a bit too popular, especially with skill level B occupations," says Chang. In addition to the overall cap of 12,000 applications in the pro- cessing year, sub-caps of 200 will apply to each occupation under skill level B, which covers technical jobs and skilled trades such as electricians and plumbers. Six level B occupations will no longer be eligible at all for the program: cooks, food service supervisors, administrative offi cers, administrative assistants, accounting tech- nicians and bookkeepers, and retail sales supervisors. e sub-caps won't apply to level A, which covers professional jobs, or level 0, which includes management positions. " e government is taking concrete action to reduce backlogs and processing times. By making these changes to the Canadian experi- ence class, we are moving towards a more eff ective and effi cient im- migration system," said Citizenship and Immigration Minister Chris Alexander in a statement announcing the caps. Appleby says the sub-caps have sparked a scramble by applicants in the most popular level B occupations. " e general feeling is the sooner you can get clients' applications in under the [Canadian experience class], the less likely they are to be aff ected by the cap," she says. But for some, the changes will mean they have to start looking elsewhere altogether for a route to permanent residence, according to Chang. "Many skill level B applicants will not be able to apply under the [Canadian experience class] and will need to consider other options," he says. " e most likely option for these individuals will probably be the provincial nominee programs that off er a skilled worker stream. However, the skilled worker [provincial nominee program] streams require a sponsoring Canadian employer, so if they can't get their em- ployer to sponsor them, this option will not be available." Karas says he welcomes the new sub-caps and exclusions. By prioritizing applicants in the higher skilled and more in-demand occupations, the changes give preference to those who will bring the most value to the Canadian economy, he says. Other immigra- tion classes could also be in for changes of their own if that trend continues, he suggests. "I think this change should send a very big warning sign to the family class because that is the least productive class in terms of the economy," says Karas. "We live in very diff erent times right now and we need to rec- ognize that needs and demographics have changed in Canada. We cannot aff ord to spend processing resources on bringing people here who won't join the labour force anymore." LT 'I think this change should send a very big warning sign to the family class because that is the least productive class in terms of the economy,' says Sergio Karas.

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