What are the major changes in the Canadian Immigration Law and how do they impact potential immigrants?

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Title: Major Changes in Canadian Immigration Law: Impacts on Potential Immigrants


Canadian immigration laws continue to evolve in response to political, economic, social, and humanitarian needs. Experts from LexLords Canada Immigration Lawyers delve into several significant changes in Canadian immigration law, offering readers a detailed interpretation backed by years of professional experience.

Significant Alterations in Canadian Immigration Law:

1. Express Entry System:

One crucial change is the introduction of the Express Entry system in 2015 – an electronic system that sorts out eligible candidates for immigration to Canada under certain economic programs. The CRS (Comprehensive Ranking System) within Express Entry prioritizes candidates based on skills, work experience, education, language abilities, etc.

The eminent ruling of “Legault c. Canada” (2018) upheld the constitutionality of the Express Entry System. It surmised that even though the system might present challenges for some candidates, it does not infrict on the rights guaranteed by the Canadian Charter of Rights and Freedom.

2. Conditional Permanent Residence:

In April 2017, the Canadian government abolished the Conditional Permanent Residence rule for sponsored spouses and partners. Initially, this rule required them to cohabit with their sponsor for two years to maintain their status. The case “Hinzman v. Canada” (2007) analyzed the role of humanitarian considerations in such cases, highlighting the potential risk of abuse under the conditional rule.

3. Temporary Foreign Worker Program:

Canadian immigration law changed significantly regarding Temporary Foreign Workers (TFW) after the 2014 overhaul. Changes include stricter rules on employers and restrictions on the length of time a worker can stay in Canada.

In 2018, however, we had Comité paritaire de l’industrie de la chemise v. Potash (2018) where the judge ruled that these workers are entitled to the same benefits and protections as Canadian citizens or permanent residents, highlighting the rights of TFWs in Canada.

Impact on Potential Immigrants:

These changes greatly affect potential immigrants. The Express Entry system means a more competitive environment where only the most qualified candidates will get invitations to apply for permanent residence.

The abolition of the Conditional Permanent Residence rule offers a safer environment for foreign spouses and partners, reducing the risk of exploitation.

The changes in the TFW Program have both positive and negative implications. While it ensures better protections for foreign workers, it also makes the process more challenging for both employers and potential employees.

In conclusion, the landscape of Canadian immigration law is complex and ever-changing. Potential immigrants must be aware of these changes and understand how they impact their immigration journey. LexLords Canada Immigration Lawyers continue to provide expert analysis and guidance through the intricacies of Canadian immigration law, aiding prospective entrants in navigating their path to Canadian shores.