Viewpoints Modernized Immigration Rules: The New Chinese Exclusion Act 2002 | Modernized Immigration Rules: The New Chinese Exclusion Act 2002 |
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Lily Luangphakdy, LL.B. Of the total 500,000 Canadian immigration applications from around the world still on the waiting list, about 100,000 are from China. Approximately 60% of the 500,000 (i.e. 300,000) are independent immigrants filing under the Skilled Worker Category. These Skilled Worker applicants are selected based on their skills according to a rating grid. The other 40% or 200,000 are Family Class applicants sponsored by their family members residing in Canada. These Family class applicants are not affected by the rating grid selection.
New rating system
Why are the new rules criticized?
Second, for awarding too many points for work experience, language skills and education, which would disqualify essential skilled workers who don't necessarily have a university education, such as tool and die maker, mould-maker, and all other workers who once built this country. It would also undoubtedly have an impact on applicants who do not come from English or French speaking countries, such as in Asia. In consequence, should the new criteria be applied retroactively, a great number of the 300,000 applicants, who filed months or even years ago under the Skilled Worker Class, will be directly affected and disqualified as a result. It is estimated that up to 200,000 of the 300,000 Skilled Workers applicants or 67% will be unfairly disqualified, most of them Chinese. CIC Minister's response - Refund
- Retroactivity If no selection decision has been received before January 1st 2003, these applications will be judged under the new selection criteria with a pass mark of 70 points (reduced from 75). Given the short six months extension period, it would be unlikely to drop a reasonable number of rejections, considering that in the past three years, processing delays have taken longer. For example, the Canadian Embassy in Beijing takes up to 8 years to interview applicants. There are more than 100,000 mainlanders on the waiting list, and most of them would not qualified under the new selection grid. The short insignificant extension will only favour immigration posts with short processing delays. 3rd - All applications received after December 17th 2001 will be judged under the new selection criteria with a pass mark to be determined. Despite changes, more needs to be done in rearranging the point and criteria system regarding language skills and education as to not eliminate professional skills learned abroad, especially from developing countries such as Asian countries, which can benefit Canadian economy.
Family Business Job Offer Program Although the objective of this program is to expand the opportunity for families to reunite, the applicants are selected under the Skilled Worker Category and not the Family Class Category. According to the proposed regulations, the FBJO will no longer be necessary because points are already awarded for job offer and for family ties to Canada in the new selection grid. Upon further analysis, it would almost be impossible for Skilled Worker applicants, such as cooks, to qualify under the new selection grid, which awards many points for language skills and education. Once again the abolishment of the FBJO program will directly affect Asian communities, in which a large portion of Chinese Canadians and Asian Canadians run family businesses such as restaurants, grocer's shops, and other businesses that require the trust and the commitment from family members, aspects that are most of the time not found in employees. Over the years, Canada slowly and discreetly restricts its definition of family class members and family reunification. It is undermining the importance of family structure and its community, which are needed among successful immigrants. Consequently, it is disqualifying many immigrants, who can potentially contribute significantly to the Canadian economy with their diverse skills.
Who does Canada need? Canada is known as a nation that welcomes people who are motivated to build a better life by contributing to Canadian society. The varied contributions, either through skilled or educated immigrants, have all been positive. Canada needs both skill and education to continue building the country, and one shouldn't be overemphasized over the other. Canada needs dedicated people who have initiative and work ethics. Unlike what most people think, immigrants who came to Canada do not steal jobs from Canadian citizen, but they rather work at jobs Canadians do not want. It takes a certain courage and initiative for immigrants to leave their home country, siblings and friends, their common surroundings and language to establish in a new environment. Everything has to be started from scratch once again. Parents who went through hardships in their own country have to sacrifice their time and energy to work hard in Canada to support their family and pay for their children's tuition fees. Although they may have certain language barrier, they all make sure their children are fluent in English and French, have good education and work experience to be successful and eventually contribute back to Canadian society. Most of these immigrant families would not have made through the new tough selection criteria, but years ago they have been given an opportunity to establish in Canada, and are now running successful businesses and making positive contribution to Canadian economy.
Conclusion Reprinted with the permission of huaren.org |
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