April 15, 2008

New Immigration Changes – Why??

Before I return to our discussion of illegal workers because of the number of questions I am receiving I wanted to return to the discussion surrounding the proposed immigration changes.

As you all know by now, Bill C-50 is causing quite a stir. Various ideas have been circulated and many of us have attempted to take out our crystal ball and predict the future. Are we moving toward an American model that is employer driven? Is it fair to place more emphasis on Canadian work and study? At first blush it would appear to make sense to do so. If the point system is not working why not make it irrelevant. This is far easier than trying to push through significant regulatory amendments to the current point system. Plus we may need it again one day so let’s keep it around. There is consensus however on a few points:

1.  The interest in immigrating to Canada remains high and the current structure leaving aside arguments of resourcing is not working. More in then out.

2.  The government wants even greater discretion in the selection of immigrants and to take the system in a new direction.

3.  Depending upon implementation, especially if this targets applications currently in the system, could run afoul the rule of law and land us in even a more perilous position than we are now (i.e. Dragan)

The need for change is widely accepted. The means are being questioned but what concerns me most is the need for formal discussion and exchange of ideas. There are many good ideas being circulated by various stakeholders and they may be able to identify issues or unintended consequences through this process. Public and stakeholder immigration consultation will only result in a more effective and lasting solutions.

Either way it looks like the world of Canadian immigration law is going to go through quite a change!