Acquiring Permanent Resident Status: The Economic Classes

• Author: Jamie Chai Yun Liew; Donald Galloway
• Pages: 132-176

132

CHA PTER 5

ACQUIRING PERMANENT

RESIDENT STATUS:

THE ECONOMIC CL ASSES

A. INTRODUC TION

Generally speak ing, foreign nationals may select one of three routes

to obtain perma nent resident status. They may apply under one of

the economic classes, under the family class, or under the refugee or

humanitarian class.1 In this chapter, applications of the f‌irst type are

examined.

B. THE ECONOMIC CLASSES

Members of the economic classes m ade up 62 percent of the total num-

ber of permanent residents admitted into Canada in 2012.2 Thus, this

category represents a signif‌icant part of our immigration program.

1 There are also ot her exceptional routes that may b e taken. For example, a per-

son who is admitte d into Canada under a tempora ry resident permit (TRP) may,

in some circum stances, later apply for perma nent resident status. The perm it

holders class i s described in the Immigration and Refugee Protection Regulations,

2002 SOR/20 02-227, ss 64–65.1 [Regulation s]. In addition, and again exception-

ally, the ministe r may grant permanent re sident status for public policy rea sons

under the Immigration an d Refugee Protection Act, SC 2001, c 27, s. 25.2 [IR PA].

2 Citizen ship and Immigration Ca nada, Annual Report to Parliame nt on Immigration

2013, onli ne: CIC www.cic.gc.ca/english/p df/pub/annual-report-2013.pdf at 14

[Annual Report, 2013].

Acquiring Per manent Resident Status: The Econom ic Classes 133

However, the statistic is somewhat deceptive. It should be noted that

a large percentage of this total i ncludes dependants of principal ap-

plicants who may be included with in an application.3 While principal

applicants may have skill s and experience that w ill allow them to con-

tribute to the economy, the same may not be true of dependants.

This immigration stream was designed to achieve the goal of per-

mitting Canad a “to pursue the maximum social, cultura l and economic

benef‌its of immigrat ion.”4 With this objective in mind, policie s, pro-

grams, and bureaucrat ic structures have been developed to f‌ill labour

market shortages and develop the Canadi an economy with a boost of

specif‌ic skills, expertise, and other resources.

The Immigration and Refugee Protection Act (IRPA ) currently specif‌ies

that “a foreign national may be selected a s a member of the economic

class on the basi s of their ability to become economically established

in Canada.”5 Program details are framed in the Immigration and Refugee

Protection Regulations6 and other instruments, t hus affording the gov-

ernment the opportunity to respond to immediate shortages and the

needs of the day. It is an opportunity that the current government has

grasped with alacrity. There has been an explosion of regulatory ad-

justment and micromanagement in this branch of immigration. While

f‌lexibility, open-ended legislation, and enthusiastic, hyperactive govern-

mental administration may en hance the achievement of objectives, it

presents applicants and pract itioners with the daunting challenge of

remaining well in formed about ever-changing criteria, proces ses, and

quotas.

A foreign national may be selected as a memb er of the economic

classes by applyi ng as one of following: (a) a skilled worker, (b) a busi-

ness immig rant, or (c) a caregiver. Under each of these headings, one

f‌inds different subcategories. Each subcategory and program is explored

be lo w.

1) Skilled Workers

Several objectives in the I RPA are related to the admission of skilled

workers: (a) to permit Canada to pursue the maximum socia l, cultural,

and economic benef‌its of immigration; (b) to support the development

3 Citizensh ip and Immigration Canad a, Facts and Figures 2013, online: CIC

www.cic.gc.ca/english/resourc es/statistics/ facts2013/permanent/02.asp [Fac ts

and Figures 2013].

4 IR PA, above note 1, s 3(1)(a).

5 Ibid, s 12(2).

6 Regulations, abo ve note 1.

IMM IGRAT ION LAW134

of a strong and prosperous Canadia n economy, in which the benef‌its

of immigration are shared across all regions of Canada; (c) to support,

by means of consistent standards and prompt processing, the attain-

ment of immigration goals est ablished by the Canadian government

in consultation with the provinces; and (d) to enrich and strengthen

the cultural and soci al fabric of Canadian society, while respecting the

federal, bilingual, and multicultural character of Canada.7

a) The Federal Skilled Worker Class (Regulations, Sections 75–85)

The Regula tions cha racterize the federal skil led worker class as “a class

of persons who are skilled workers and who may become per manent

residents on the basis of their ability to become economically estab-

lished in Canada a nd who intend to reside in a province other tha n the

Province of Quebec.”8

A successful application by an indiv idual in this category w ill lead

to an issuance of a permanent resident visa.9 Where the individual is ap-

plying from outside Canada, per manent resident status will be granted

after examin ation at a port of entry.10 For those applying from within

Canada, the status will be granted w ith the visa.11

The Regulations provide that an off‌icer a ssessing an application must

f‌irst determine whether the pri ncipal applicant is eligible to be asse ssed

in this category.12 The applicant must meet the def‌inition of a skilled

worker, which stipulates a set of minimum requirements focusing on

work exper ience.13 In addition, the applicant must supply education

credentials and ev idence of language skills in Engli sh or French.14 If

these requirements are not met, the assessment will terminate, and the

application will be rejected.

These requirements have been supplemented by inst ructions from

the minister of Citi zenship and Immigration, which further rest rict the

processing of applications.15 Initially, the instructions identif‌ied a list

of occupations in which applicants who did not have arr anged employ-

ment in Canada were required to h ave experience.16 Recently, the min-

7 IR PA, above note 1, s 3.

8 Regulations, above note 1, s 75(1).

9 Ibid, ss 70(1) and 70(2)(b).

10 Ibid, s 71.1(1).

11 Ibid, s 71.1(2).

12 Ibid, ss 70(1) and 72(1).

13 Ibid, ss 75–76 and 80.

14 Ibid, ss 78 –79.

15 The most recent min isterial instr uctions have been published on t he CIC web-

site at www.cic.gc.ca/engl ish/department/ mi/.

16 See M inister of Citizensh ip and Immigration Canad a, Ministerial In structions 2

(MI 2) (2010), C Gaz I, 1669, online: http://gazette.gc.ca/r p-pr/p1/2010/2010-06 -