Go Back  British Expats > Living & Moving Abroad > Canada > Immigration & Citizenship (Canada)
Reload this Page >

Proposed Changes to the Skilled Worker Transition Regulations

Proposed Changes to the Skilled Worker Transition Regulations

Old Oct 10th 2003, 8:41 am
  #1  
Mark Bell
Guest
 
Posts: n/a
Default Proposed Changes to the Skilled Worker Transition Regulations

http://canadagazette.gc.ca/partI/200.../regle3-e.html

October 10, 2003

The changes to the transition rules will allow all those who applied
before January 1, 2002 to have their applications assessed using the
selection criteria of the former Immigration Act. Applicants who do
not qualify under the former Act will get a second chance to qualify
for immigration to Canada with an assessment under IRPA.

Description

These new Regulations amend the transitional rules governing the
applications for permanent resident visas from applicants destined to
provinces other than Quebec and who are not provincial nominees, in
the following four classes: skilled workers, self-employed persons,
investors and entrepreneurs (collectively known as "federal economic
classes"). These Regulations are enacted pursuant to sections 5, 14,
89 and 201 of the Immigration and Refugee Protection Act, as well as
subparagraph 19(1)(a) of the Financial Administration Act.

Purpose of these provisions

The purpose of these provisions is to provide for the processing, in
accordance with the selection criteria set out in the Immigration
Regulations 1978 (the former Regulations), of applications for
permanent resident visas submitted before January 1, 2002, in the
federal economic classes.

What the Regulations do

On June 28, 2002, the coming into force of the Immigration and Refugee
Protection Act (IRPA) established transitional rules that created a
time frame for the processing of federal economic classes applications
that were submitted before January 1, 2002, in accordance with the
selection criteria of the former Regulations. It also allowed for
implementation of the provisions of the new Act and Regulations as
quickly as possible.

Consequently, the Immigration and Refugee Protection Regulations (IRP
Regulations) provided a transition period of nine months (ending on
March 31, 2003) during which applications received before January 1,
2002, were assessed under the selection criteria of the former
Regulations. Although the courts have acknowledged the legality of the
transitional provisions, concerns were raised as to the fairness of
the transitional provisions. The proposed regulatory changes take into
consideration these comments and amend the transitional rules for
federal economic classes applications that were submitted prior to
January 2002.

The proposed regulatory changes remove the deadline of March 31, 2003,
for assessing these applications under the selection criteria of the
former Regulations and provide that:

if an application is still pending, it will be assessed according to
the selection criteria of the former Regulations;

if an application was withdrawn on or after January 1, 2002, and
before the coming into force of the proposed regulatory changes, an
assessment will be done according to the selection criteria of the
former Regulations, if an application for a new assessment is
submitted before January 1, 2005. This new application will be
processed on a fee-exempt basis if the fees attached to the withdrawn
application were not refunded;

if an application was refused after March 31, 2003, under the existing
transitional requirements of the Immigration and Refugee Protection
Regulations, another assessment will be done under the selection
criteria of the former Regulations, free of charge. Again, the
applicant must submit an application for this reassessment prior to
January 1, 2005;

if an application is referred back by the Federal Court or the Supreme
Court, following a decision taken under the former Act, and has not
been re-determined prior to the coming into force of the proposed
regulatory changes, the new assessment will be made under the
selection criteria of the former Regulations.

In all of the above cases, if an application receives an insufficient
number of units of assessment under the former Regulations, it will be
assessed also under the current Immigration and Refugee Protection
Regulations. A pass mark of 67 points for the skilled workers class
and 35 points for the investor class, entrepreneur class and
self-employed class will be used.

Contact information is included for anyone who would like to provide
comments to CIC during the pre-publication period, October 11-26,
2003.
 
Old Oct 10th 2003, 4:51 pm
  #2  
ly1
Forum Regular
 
Joined: Sep 2003
Posts: 65
ly1 is an unknown quantity at this point
Default

When do you think this would take effect ???
ly1 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.