Andrew Miller

http://www.thestar.com/article/421032#

allicat001

Thanks for the heads up Andrew.

Wonder when that will happen.

sprucemoose

I wonder what the benefit is. The article mentions several times that this potential change would discourage applicants who have grown up in a country with English/French as their first language. I don't think that is true, I think it's just an additional obstacle, more stress, and yet more cash to shell out.

And here was me thinking that having to write the letter was a pain.

JAJ

Quote:

"Say you are French and want to take a job in Quebec and you are asked to write a French test. I see it as an insult to most people," said lawyer Alex Stojicevic, chair of the Citizenship and Immigration Section of the Canadian Bar Association, whose executives plan to meet Monday to write a group response.

I would have expected some understanding that Quebec selects its own applicants and is not bound by CIC policy in this respect.

edsask

It's just a proposal at the moment, so I wouldn't be concerned about this right now. In any case, for those who have already applied, it won't affect them - just new cases.

As to discouragement, I think that no one will be discouraged by this as such, but I'd definitely be insulted by such a test. I did my degrees at UK universities, was born in and lived in the UK for 28 years. How did they think I communicated – in Klingon? Or has the last vestiges of common sense left CIC?

immigrants

Is that in the bill C-50 or another bill or it is no need to amend the law with any bill?

Another question is, what is the requirement or the threshold of the English?

Reghuraj

7 out of 9 in each module, namely listening, speaking, reading and writing will give you 16points.

regs

StefkeUK

Hello,

I took the IELTS test last year. And with me there were some woman seeking immigration to Australia. I think they had to do aswell this test.

So it look like by doing that, Canada would align to Australia.

They might aswell try align on the timing process (less than a year for Australia).

Stephane

immigrants

Oh, I mean the purposed English threshold requirement, not existing full marks of English requirement and I don't think they want to purpose 7 in each module.

Andrew Miller

IELTS max score is 9 in each skill. Canadian immigration requires 7 in each skill for max of 16 points for English. Of course if your score is lower but you still have enough points to reach pass mark then you don't need to worry about points. But you may worry about use of R76(3), Substitute Evaluation - low proficiency in English will be a major factor is assessing chances for economical establishment in Canada. And of course for applications submitted since February 27 2008 Minister may issue instructions establishing a minimum threshold for language proficiency anyway.

immigrants

I would like to ask, do this amendment included into C-50?
Another point is, what is the new minimum threshold for language proficiency?
Or CIC not yet disclose? Thank you!

Andrew Miller

The matter doesn't require any amendments to the law - IRPA already provides power to Minister to amend Regulations (where all selection criteria are set) at will, without any voting in Parliament.

You are obviously not even trying to understand how Canadian laws work, regardless that matters related to Regulations and what Minister can do without amending IRPA were explained to you in other thread already few times.

Why won't you just read the amendments to IRPA to see what is included there? Why won't you read IRPA to see what has been delegated to Regulations?

There is no minimum threshold for language proficiency as of now - but officers may always use R76(3) to make negative selection decision when applicant's low language proficiency is a factor in establishing economically in Canada.

What I have said in previous post means that if and when amendments pass Minister may issue instructions establishing minimum language proficiency threshold - it doesn't mean Minister will do it. But I hope it will happen as substantial number of failed immigrants have failed to succeed in Canada due to lack of language proficiency.

Why not cherry pick, when for example Canada has 2 applicants with similar skills (in demand), both reaching or exceeding pass mark, but one with high proficiency in English (or French) and the other one having problems understanding questions during interview? Why not select the one with good language skills (again, providing that education and experience are similar) to be processed, or even being processed faster, while either returning the application to the other applicant or letting him/her improve language skills first, before commencing processing application?

It makes sense when demand (number of applications) exceeds supply (visa quotas) by 10 fold? Why not pick those who have not only the best chance to succeed but also who will be able to start contributing to Canadian economy and fill workers shortages immediately upon arrival, especially when their number still exceeds number of available visas anyway? Isn't this what Canada needs?

It's not like we have to take in everyone because we don't have enough applicants.

bartM

Why I can understand that born and raised citizen of English/French country can be offended by this proposal, let's not forget that many citizens of those countries are unable to communicate in their official languages. I am not sure about France/GB etc. but in Sweden you have tens (hundreds?) of thousands of citizens who are completely illiterate in Swedish.

The exam, albeit drastic, may even out the playing field.

immigrants

But in my memory, you said that Minister cannot amend the details of language requirement.

I think even Canadian not everyone familiar with the law and law interpretation not easy to understand by layman.

Finally, do CIC disclose the details requirement of threshold of English?

Andrew Miller

Where and when I said such thing? IRPA delegates all selection criteria (language including) to Regulations. Minister may change/amend Regulations at any given time by tabling and publishing them in Canada Gazette - no voting in Parliament needed.

And of course - if Minister introduces something lime minimum threshold for language proficiency it will be published.