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为减少积压案件,2008年2月27日,新的加拿大移民系统开始,将极大影响技术移民。

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[导读]:本文所有内容由法律领域专业人士“尹士克”负责编辑,主要解答Questions about the amendments to the immigration system Description of and rationale for changes Q1) What are the proposed legislative changes? The new rules will allow us to focus on getting the people we need. Anyone will still be able to apply, b......本文有2431个文字,预计阅读时间7分钟。

  Questions about the amendments to the immigration system

  Description of and rationale for changes

  Q1) What are the proposed legislative changes?

  The new rules will allow us to focus on getting the people we need.

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  Anyone will still be able to apply, but Citizenship and Immigration Canada ( CIC ) will no longer be required to process all new applications. The new provisions will allow the Department to choose, from the new applications and choose those that best meet Canada's labour market needs. Under the current system, which is much less flexible, CIC processes applications from skilled workers in the order in which they are received.

  The Department will use this flexibility in an open and transparent manner. It will be based on instructions from the Minister, which will be published in the Canada Gazette, reported in the Department's annual report to Parliament and posted on the CIC website. These instructions will have to comply with the Canadian Charter of Rights and Freedoms, which protects against discrimination on the basis of race, national or ethnic origin, colour, religion, sex, age and mental and physical disability.

  The Department will maintain its commitment to the broad objectives of the Immigration and Refugee Protection Act —supporting Canada's economy and competitiveness, family reunification and protecting those in need. The legislative amendments are intended to respond to Canada's labour market needs. They will not apply to refugees and are not intended to affect our family reunification objectives.

  Q2) In addition to the legislative amendments, what other measures are being considered to make the immigration system more efficient?

  The 2008 budget provided resources for efficiency improvements to better manage the backlog. Budget resources will be used for this purpose.

  Q3) How did the backlog happen?

  There are several factors.

  First, the current legislation requires CIC to process every single application, regardless of how many apply or how many can be welcomed.

  Second, just before the Immigration and Refugee Protection Act was implemented in 2002, there was a flood of applications from people who wanted to get their applications in before the new rules took effect.

  In the skilled worker category, the backlog in 2000 was 374,000, growing to 524,000 by the end of 2004, and over 600,000 by the end of 2007.

  Q4) What are skilled workers and why do we need them?

  Skilled workers are selected for their ability to contribute to our economy and establish themselves successfully in Canada. They are the most skilled and highly educated immigrants that Canada accepts.

  Research shows that the demand for highly qualified workers in Canada is growing. Within the next decade, immigration is projected to account for all net labour force growth in Canada. Two-thirds of the available jobs will require post-secondary education. Jobs that require a university-level education are the fastest growing types of jobs.

  Skilled workers do well in Canada. With their generic skill set, they are better able to weather downturns in the economy. They are also more successful in the labour market than other immigrants, catching up to their Canadian counterparts more quickly and earning the highest average incomes.

  Q5) Why are processing times so long?

  Canada remains a destination of choice. Unlike most immigrant-receiving countries, Canada does not put restrictions on the number of people who can apply, so each year far more people apply than can be processed and admitted.

  Processing all these applications, including conducting proper medical and security checks, does take time.

  Temporary resident visa applications—visitors, workers and students—are processed upon receipt. Processing times may vary depending on medical, criminal and other screening requirements.

  Priority is given to certain immigrant classes, and this can mean longer processing times for other categories. For example, our aim is to give priority to applications from sponsored spouses. Eighty percent of these cases are finalized within eight months. Immigrants selected under the Canada-Quebec Accord or provincial nominee agreements are given priority processing over other economic immigrants, such as federal skilled workers.

  In addition, our international commitments require that applications from people in need of protection be processed quickly.

  Q6) Why doesn't the government just increase levels?

  For the past couple of years, Canada has accepted record numbers of permanent residents, temporary workers and foreign students.

  New resources provided by the 2008 budget will allow us to better respond to the increasing pressure for more temporary foreign workers, while ensuring that we can meet our planned levels of permanent residents. In 2008, Canada plans to welcome between 240,000 and 265,000 permanent residents.

  Like most countries, Canada manages the number of immigrants we accept every year. We must carefully balance the number of immigrants we welcome with the opportunities and supports available to help them successfully integrate and settle into Canadian communities and the work force.

  Q7) Why doesn't the government just increase the resources it allocates to overseas visa offices for processing?

  THe 2008 budget announced more resources to speed up the processing of applications. One network, in Canada and abroad, manages all applications and these new resources will help us meet the increasing demand for temporary residents, while ensuring we can meet our planned levels for permanent residents.

  But more funding is not the only solution to the backlog. The legislative amendments are necessary to modernize the immigration system and make it more flexible, effective and responsive to Canada's labour market needs, while taking action to reduce the backlog of applications.

  How the system will work

  Q1) What happens to someone who has already applied to immigrate to Canada? How will the new amendments affect them?

  Those who applied before February 27, 2008, will not be subject to the new proposed provisions in the legislation. These provisions, once passed, will apply to applications received on or after February 27, 2008.

  Q2) Does this mean I can no longer apply?

  No. Canada remains open to immigration, and anyone can apply to immigrate. The proposed legislative amendments give the Department the flexibility to be more selective—to take certain candidates quickly, hold some applications, and return others. That shouldn't deter good candidates from applying, unlike the current system which does deter many well-qualified skilled workers from applying because they have to wait so long.

  Q3) What happens to someone who is planning to apply soon? What rules will apply to them? When will they know what they are?

  Once passed, the amendments will allow the Minister to give instructions on the processing of new applications received on or after February 27, 2008, at CIC offices around the world.

  Q4) What happens if people who have already applied want to withdraw their application? Can they get their money back?

  As is currently the case, these people can contact their local visa office and withdraw their application, and their fee will be retur

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