Canadian Immigration : Possible Alternative
Posted Mar 02, 2002

With the U.S. economic downturn and foreign workers facing layoffs and loss of status in the U.S., some of our readers may be considering Canada as an alternative. While The Law Office of Sheela Murthy, P.C. strictly limits its practice to matters of U.S. immigration and nationality law, we take this opportunity to inform MurthyBulletin and MurthyDotCom readers of some reported changes in Canadian immigration law worth noting. Anyone interested in pursuing this matter will need to contact a Canadian immigration lawyer for details and advice.

The Canadian immigration system is currently in flux. There is a new law, known as the "Immigration and Refugee Protection Act," currently in the process of implementation through proposed regulations. Apparently, there is substantial controversy regarding the new legislative scheme, which is scheduled to take effect on June 28, 2002.

One purposes of the new law is to facilitate entry of skilled workers. Applicants who wish to immigrate to Canada as skilled workers will be provided a point system through the new regulations. The focus is on the skills of the applicant rather than the intended occupation. Age is also a factor, with a preference for persons between the ages of 21 and 44. Other factors include education, language skills, experience, arranged employment, and adaptability. Adaptability includes family ties to Canada and/or job offers. Education and experience account for 50 points of the maximum 100 points.

According to Citizenship and Immigration Canada (CIC), which is the Canadian version of the INS, the reasoning behind the focus on skills rather than occupation is an effort to select workers with "flexible and transferable skill sets required to succeed in a fast-changing, knowledge-based economy."

Since Canada has a different system of immigration, it may offer a viable alternative to some encountering substantial difficulties in the U.S. system.