Canada visa changes confound immigration lawyers

A number of changes to Canada visa policy have been announced in recent weeks with the immigration minister, Jason Kenney, repeatedly promising to bring immigration under greater control.

However, a number of lawyers committed to helping prospective migrants have complained about the rapid pace at which the reforms are being introduced.

"They’re moving through one immigration programme at a time like a stack of dominoes," said Mario Bellissimo, a Toronto based immigration lawyer.

"Yes, some of the changes have been very positive but I don't think it's being looked at holistically and I think we really need to catch our breath."

Mr Kenney's changes to Canadian immigration policy include allowing individual provinces to handpick workers in order to meet their particular labour needs, assessing an applicant's educational credentials before being allowed to enter Canada and an increased emphasis on prioritising skilled workers.

The most notable change however, was the announcement in March that all visa applications made before February 2008 would be returned to the applicants with a full refund and instructions to begin the application process again under the new guidelines.

Many applicants have seen their applications take more than five years and Mr Kenney clearly feels this is too long, with a new policy of fast tracking applications from young, skilled workers with either competent English or French language skills.

With almost 300,000 people to receive their unprocessed applications, Mr Bellissimo feels his frustration is warranted; he says Canada is basing its decision solely in economic terms.

"What do we say to these people [whose applications are rejected]: 'Sorry you did the right thing but we're going to close the door on you anyway?'

"We shouldn't do away with the dream of someone getting the chance to come to Canada who played by the rules. It's a dangerous precedent and I think it will be subject to legal challenges in the future.

“The changes seem to turn immigrants into economic commodities and don’t appear to take into consideration the family and societal values immigrants who may be excluded under the changes could bring to Canada,” said Mr Bellissimo.

“I understand not wanting to bring a group of people to Canada who are going to struggle and won’t succeed, but are we bringing in people just to have them pass through our system or are we bringing them in to build a social network of success that will further develop our country?”

Mr Kenney has defended his changes and refused to back down on his commitment to updating immigration policy as he sees fit.

"I will continue to make changes to create a faster, more flexible immigration system. Canadians need and deserve a system that boldly puts Canada's best interests first.

"It makes no sense to tell people 'apply now but put your life on hold for a few years before we'll even let you know if you qualify," said Mr Kenney.

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The Canadian Visa Bureau is an independent migration consultancy specialising in helping people make their application to the Canadian Embassy.