IMMIGRATION: Canadian Experience Class about to launch

IMMIGRATION: Canadian Experience Class about to launch

The Tories will be implementing the long-awaited Canadian Experience Class (CEC) just weeks shy of the just-announced October 14th federal elections.

Qualified foreign workers and foreign students can apply for permanent residence under this program starting September 17, 2008

In January, I explained in this column, and supported, the government’s reasoning for creating this class. See http://www.metronews.ca/toronto/comment/article/11501.

The CEC will allow two different types of candidates to apply.

First, foreign students who graduate from a qualifying Canadian educational program of at least two years in duration, who obtain at least 12 months of Canadian work experience in the two years prior to applying under the CEC, and who meet an English or French language benchmark can apply to remain here permanently. Provided they meet these requirements, they will no longer be measured under the 67-point system of our Federal Skilled Worker Program.

Second, the program will also allow foreign workers who have at least 2 years of legal Canadian work experience in occupations other than “lower-skilled” occupations within the 36-month period prior to submitting their CEC application, and who meet the language benchmark for their occupational skill level.

Foreign workers who are employed in a managerial or professional occupation will need to demonstrate “moderate” proficiency in one of our official languages while workers in technical occupations or skilled trades will need to demonstrate “basic” proficiency in French or English. Those workers whose occupations are listed in skill levels C & D of Canada’s National Occupation Classifications will simply be out of luck.

Minister Finley announced on Friday (Sept. 5) that the final regulations to be published will include a refinement over the draft rules originally published in August.

The original proposal required all applicants to be physically in Canada with lawful status in order to apply. However, this would have overlooked those who had met all of the CEC criteria but who had to leave Canada when their status here was about to run out.

The final rules will allow those who left Canada, but who completed their qualifying work and/or study here, to apply provided they do so within one year of completing their authorized Canadian work.

There is no question that this announcement can only have a positive effect on those immigrants who qualify under this class. However, it completely overlooks this country’s need for workers in lower skilled occupations that Canadians employers can not fill and which most Canadians would rather avoid.

Traditionally, citizens of all countries take for themselves the higher skilled jobs and leave the less attractive ones to recent immigrants who have little choice but to do the less desirable work. Since we are increasingly favouring professional immigrants, I have but one question: Who will be doing the hard and dirty work that few of us want but which is essential to a properly functioning economy?

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Guidy Mamann practices law in Toronto at Mamann & Associates and is certified by the Law Society of Upper Canada as an immigration specialist.  Reach him confidentially at 416-862-0000 or at reporter@migrationlaw.com.