Getting the best, for Canada and for skilled
workers.
By Gregory James.
In addition to being an immigration lawyer, I am also a professor at Seneca College, teaching courses about the settlement of immigrants in Canada. One of the most significant areas of concern is that too many people who come to Canada as skilled workers are not able to find work appropriate to their skills and experience. This outcome is very hard on new immigrants and their families. It also defeats the government's intention, which is to bring to Canada people who will be able to contribute to Canada's economy. One explanation is that Canada is not accepting people with the right skills. If too many of the people accepted are not succeeding in Canada, and we still have worker shortages in some areas, then maybe our selection criteria need to be adjusted. There are two important patterns that the government has now recognized. First, the current system does not allow enough skilled tradespeople (such as Electricians, Plumbers and Crane Operators) to come to Canada. That is because such workers do not have as much formal education as university educated professionals, and they do not always speak English or French as well as professionals. Second, the younger the immigrant the better her or his chances of successfully establishing in Canada: 30 year old immigrants have a better chance of successful settlement than do 50 year old immigrants. The new proposals will make it easier for young people and skilled tradespeople to get permanent residence in Canada. They will do that by having different language and educational requirements for skilled tradespeople compared to skilled professionals, and by giving more points to young people than older people. There are 29 occupations listed on Canada's current demand list for skilled workers. Seventeen of those jobs are for professionals like Restaurant Managers, Social Workers, Nurses and Doctors. There are also 12 skilled trades listed. This includes such tradespeople as Cooks, Welders and Electricians, to name only three. Even though 41 percent of the jobs listed are for skilled tradespeople, only about 3 percent of applicants are skilled tradespeople. Clearly, the current system is not helping Canada recruit skilled tradespeople. And yet, in my experience, it is often the skilled tradespeople who settle most quickly and effectively, finding good jobs earlier, and even starting their own successful businesses. They more quickly become participants in their communities, and involved in society at large. Generally speaking, professionals seem to have a harder time. I remember when the current version of the points system was introduced in 2002. The Minister of Immigration at that time was asked if his own father (a tradesperson) would qualify under the new rules. He said "of course", but unfortunately for him this wasn't quite true, his own father would not have qualified. So he rushed to make some changes to cover his mistake. But, clearly, his efforts were not enough, and the number of skilled tradespeople coming to Canada has been far too low. It is worth remembering that the father of that former Minister was probably born and raised in New Brunswick, Canada. His ancestors may have come to Canada over 200 years ago. He had spoken French, and probably English too, his whole life, and would have scored very well for French and/or English language skills. But that is not the case for most skilled tradespeople migrating to Canada. So even though the ex-Minister's father would have qualified under the current rules, most foreign skilled tradespeople without high skill levels in English or French did not (and do not) qualify. In order to address this failure the Canadian government has decided to, for the first time, treat tradespeople and professionals differently. This makes sense. Not only are the educational requirements for professionals quite different than the training requirements for tradespeople; so too are the language needs of skilled tradespeople compared to professionals. The government is proposing to require professionals to satisfy a minimum standard of English or French language skills, depending on their expected employment. Moreover, the importance of language skills for professionals will be recognized by increasing the available points for language. Language will now represent 20 percent (instead of 16 percent) of the total available score. This is to recognize the increased importance of language, especially for professionals. The government also proposes to change the way points are awarded for age. It is very clear that the age of an immigrant influences how likely it is that the immigrant will be able to be successfully establish in Canada. Right now, all adults under the age of 50 earn 10 points. But it is clear that those who migrate at a younger age usually have more success establishing themselves in Canada. Now the government is proposing to award up to 12 points instead of 10 points for language skills, but only to those who are under the age of 35. From age 35 to age 50, the points awarded for age drop to (at age 50) zero. The total points that can be awarded will still be 100. That means that a rise in the points in one category must be matched by a reduction in the points available in another category. The category that will decline in importance is work experience. Work experience is now worth up to 21 percent of the total available score. That will now be reduced to a maximum of 15 percent. This Minister of Immigration is a bit of a chameleon, quite capable of changing colours. He sometimes (such as when he is dealing with refugee determination) focuses on making things look worse than they really are and brings in laws that can be quite harsh. He sometimes seems to focus more on getting a splashy headline than addressing the real problems. But he also seems quite concerned that other parts of Canada's immigration system work more effectively. These new changes to the skilled worker program are an example of that, and appear to me to be a strong step in the right direction. These are only proposals so far, but the general outline is very encouraging and I hope will be implemented effectively.- - - - - - - - - - - - - - - - - - - -If you would like help with a Canadian immigration matter, you are welcome to contact Gregory James at 905.502.3502 or 416.538.1301, or at info@GregoryJamesLaw.com.Mr. Gregory James is an immigration Lawyer.
