Jamaican cases

I applied to emigrate to Canada under the Federal Skilled Class programme back in 2008 prior to the embassy changing the requirements.

I took the test and scored more than the requirement. I applied and submitted my documents when told to do so. I got a letter from the embassy giving me an estimated time for processing and that time has passed. Also, my situation has changed, as I am now a business owner and manager. Do you think I should get a lawyer to see what is happening or I should wait on the embassy?

Waiting.

Dear Waiting:

The system is backlogged due to the large number of persons who apply every year to enter Canada under the skilled worker programme.

There are also limits that have been placed on the number of applications processed each year and within each category. The government has introduced changes and limits to this popular programme. Presently, there are ongoing consultations with the view to making further changes. There are proposals for greater emphasis to be placed on proficiency in either English or French language along with more points being allotted to younger immigrants under this programme. The proposals favour younger persons as studies show that they are more likely to adapt quickly. There is some good news in terms of expanding the capacity for trade persons to immigrate which will probably be the way of the future. The application form states that if there are any changes to the information given that you will immediately inform Immigration Canada with respect to the changes on your application.

Under consideration also is the point system where in order to be successful, applicants must gain 67 points out of a possible 100. Points are awarded based on education, work experience, age, language and arranged employment in Canada. The government proposes to increase the amount of points given to proficiency in language, youth, and to person who are trained in the skilled trades as Canada is experiencing a shortage in the area of trained skilled workers. There will also be proposals for tighter control on job offers to ensure that they are genuine.

processing time

Applications received before February 27, 2008 are taking approximately 43 months. Between November 28, 2008 and June 25, 2010 applications are taking approximately 14 months. You can check your processing time on line or you can ask a lawyer to make enquiries on your behalf. You should be aware that Canadian Immigration authorities will only deal with lawyers who are members in good standing with their provincial law society in Canada or with consultants who are in good standing with the Canadian Society of Immigration Consultants.

Waiting to hear back from immigration authorities is not uncommon. I hope that you will hear from them in the near future and that you will have good news.

Sharon Ffolkes-Abrahams is a barrister/solicitor of bars in Jamaica and Ontario, Canada. She is former president of the Jamaican Diaspora Canada Foundation and former counsel at the Ontario Human Rights Commission. Email: [email protected]