The Economic Class

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The Economic Class
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Commentary

• Worswick (295) Immigrants are not doing so well
  now as they did in earlier years. There should be
  no increase in numbers until they start to do
  better
• More points needed for education credentials
  recognized by employers
• More points for job experience that is
  recognized by employers
• Give employers a greater role.

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Commentary (Contd)

• Grubel (296) Compared to Canadians immigrants
  earn less They are a net burden on taxpayers.
  Renewable Temporary Work Permits.
• Statistics Canada (296) The earnings of 2nd
  generation Canadians only loosely tied to
  socio-economic status of their parents.

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Commentary (Contd)

• Collacott (328) Claims that Canadas well-being
  depends on continued population growth (massive
  skills shortage) are not warranted. Alternatives
  are possible.
• Admitting more newcomers in fields where there
  is a projected shortage will decrease wages and
  cause Canadians to leave. (See engineering
  example p 331)

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General Criteria

• Economic Class
• Section 12(2) May be selected as a member of the
  economic class on the basis of their ability to
  become economically established in Canada
• economic immigrants skilled workers business
  immigrants (entrepreneurs, investors and the self
  employed)
• the applicant must fit the relevant definition,
  then is assessed under the points system
• skilled workers must get 67 of 100 points (on six
  criteria)
• Self-employed, investors and entrepreneurs only
  need 35 of 96 points (on five criteria)
• NB Officers substituted evaluation
  eg.Regulations s. 76(3)

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Skilled Workers

• IRPR s. 75(2) definition for skilled worker
• Must have employment experience in one or more
  listed occupations The National Occupational
  Classification matrix can be found on CIC website
• S. 75(3) if a skilled worker doesnt meet the
  definition of an HRSDC listed occupation, no
  further assessment
• NB experience is also one of the factors for
  which points are given. The application form
  includes a box for the relevant codes.
• Question what is the difference between having
  experience as a definitional criterion and having
  it as a selection factor?

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Points Assessment

• S. 76(2) the minister shall fix make available
  to the public the minimum number of points
  required of a skilled worker. Currently 67
• Education, language, experience, age, arranged
  employment, adaptability
• ALSO You have to have money. S 76(1)(b) or have
  arranged employment
• s. 78(2) 25 pts. for education
• s. 79 20 pts. for proficiency in English French
  
• s. 80 21 pts. for experience
• s. 81 10 pts. for age (must be over 16 or under
  54 to get any points)
• s. 82(2) 10 points for arranged employment
• s. 83 10 pts. for adaptability which includes 5
  points for arranged employment
• Officer Substituted Evaluations s. 76(3)
• Officer can substitute for the criteria in the
  grid if they think the number of points awarded
  is not a sufficient indicator of whether the
  skilled worker will become economically
  established in Canada. They need to get
  concurrence from a second officer s. 76(4)

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S.77 and Policy Manual OP-6

• States that criteria must be met at time of
  application and at time of assessment
• Policy Manual suggests that if more education is
  obtained before assessment, it should be
  considered.

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Other interesting Policy Manual notes

• Canadian criteria should not be used to assess
  education credentials
• Law degrees are a first level degree 20 points
• The interview is not an opportunity to test
  language proficiency, but integrity issues may be
  raised.
• Interviews need not be necessary!

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Commentary on Criteria

• Tolley (333) New Points system is touted as
  offering greater flexibility.
• Education positive returns when the education
  is obtained in Canada (except for elite
  countries). Educated immigrants fare better than
  non-educated but credentials are not recognized
  (discrimination?) Positive returns from education
  rely on official language proficiency.
• Language Success tied to proficiency in
  language. The result is not strictly linear
  Those who use an official language at home earn
  more than those who do not. Single best predictor
  of economic success. But those who speak both
  official and nonofficial language fare worse in
  labour market (discrimination)
• Employment Experience Relationship with
  potential earnings similar to educations.
  Language matters.
• Age those who settle in Canada under 10 years
  old experience the lowest earnings differential.
  Younger immigrants do better than older ones
• Arranged Employment It may be beneficial
  because it will mitigate the need for networks.
• Adaptability principal applicants are awarded
  points based on spouses education but no account
  taken of where education was received. Immigrants
  with Canada work or study experience are more
  likely to succeed in labour market

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Reitz Complex solution

• P342
• Involvement by employers, licensing bodies,
  unions, universities and colleges, credential
  assessors, NGOs and funding agencies
• Better information for immigrants
• More support for credential assessment services
• Bridge training programs
• Internships and Mentoring for immigrants
• Better training on ethnic diversity
• Employers best practices
• Public awareness.

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Provincial Nominees

• s. 87 they are named in a nomination
  certificate and they intend to reside in that
  province
• Check out the web page of the BC Ministry of
  Economic Development
• http//www.ecdev.gov.bc.ca/ProgramsAndServices/PNP
  /index.htm
• Note Current emphasis the Strategic Occupations
  List Health care, Aerospace, Post Secondary
  education
• Note also It is the future employer who makes
  the application.
• Why choose this route? SPEED of Application

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Case Law

• Dogra esp paras 26- 30 Does this make sense if
  the aim is to determine whether the person will
  be able to successfully establish themselves?
• Why is the decision held to be in error? Is
  Evans J preferring his own experience to that of
  the officer? What is the standard of review? In
  Hua 2004 FC 1647 Court identifies the test for
  visa officers awarding points to be patent
  unreasonableness!
• Sheikh As noted, the manual says interviews are
  not necessary. (May be used to clarify matters)
  Not even where there is a substituted evaluation.
  Note the use of the patent unreasonableness
  standard. Is the decision fair? Low level of
  procedural fairness
• Chen a substituted evaluation case. Note that
  the SCC adopted the dissenting view. Nowadays the
  discretion is limited to ability to become
  economically established. Why not take into
  account alleged bribes?

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Entrepreneurs (1000 people per year)

• Definition s.88
• 1) Has Business experience Defined as a minimum
  of 2 one year periods of experience in the
  management of a qualifying business AND the
  control of a percentage of the equity of the
  qualifying business for period of five years
  before application
• Qualifying Business During the year under
  consideration
• documentary evidence of 2 of the following
• (a) of equity x number of fulltime job
  equivalents (1950 hours of paid work) 2 full
  time job equivalents
• (b) of equity x annual sales 500,000 plus
• (c) of equity x net income 50,000
• (d) of equity x net assets at end of year
  125,000
• Business operated primarily for the purposes of
  deriving investment income are excluded
• 2) A legally obtained net worth of 300,000
• 3) Written statement of intent and ability to
  meet conditions

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Modified Points System 35 pts

• Page 353 and OP-8
• Experience 35 points available for 5 years
  experience
• Education 5 to 25 pts (high school to Masters
  plus 17years)
• Age 21- 49 are the prime years
• Language Max 24 pts for both official languages
• Adaptability Interesting test - 6points for
  business exploration trip or participation in
  federal-provincial initiative.

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The Conditions of Entry

• The status granted will be conditional until the
  conditions are met.
• 1) Control 33 1/3 of the equity of a qualifying
  Canadian business (QCB) active and ongoing
  management of the QCB and create one full-time
  job in the QCB for a citizen or permanent
  resident other than the family
• A QCB is defined in a way parallel to a
  qualifying business (although the amounts are
  less)
• 2) The conditions must be met for a year within
  the three years after becoming a Permanent
  Resident
• 3) Evidence of compliance must be provided within
  3 years
• 4) After 6 months permanent address must be
  provided after 18 months evidence of efforts to
  comply must be provided
• 5) Family members are subject to the conditions
  imposed on entrepreneur.

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Self Employed (600 per year)

• Definition Has relevant experience and has the
  intention and ability to be self-employed in
  Canada and to make a significant contribution to
  specified economic activities.
• Specified Economic Activities Cultural
  Activities, Athletics or the Purchase and
  Management of a Farm.
• Significant Contribution Undefined
• Relevant Experience two years self employment
  in one of the three, two years experience in
  participation at a world class level in cultural
  activities or in athletics.
• Modified Points System 35 points
• (Adaptability determined (p353) by reference to
  post-secondary education, spouses education, work
  and study in Canada)
• Unconditional Status.

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Investors (Approx 2500 )

• Definition s.88
• 1) Two years of Business Experience. Broader
  definition than for entrepreneurs to include
  management of at least 5 full-time job
  equivalents.
• 2) Legally obtained net worth of at least
  800,000 (includes spouses/common-law partners
  assets
• 3) Intent to make an investment (or have made an
  investment) (400,000 in an approved fund)
• The investment is allocated for five years
• Modified points system applies 35 points
• Unconditional Status