Citizenship, employer compliance and the changing system

Canadian Citizenship Immigration

On this episode of CISL 650’s The Law Show, host Zack Spencer had questions for Maynard Kischer Stojicevic partners Gordon Maynard and Rudolf Kischer on topics like Canada’s Citizenship Act, language and employer requirements for immigration, and why the system seems to be constantly changing.

Canada’s Citizenship Act went through changes under the Harper government and is likely to go through changes again as the new liberal government looks to amend the act. One of the most contentious points in the current legislation is the ability of government to strip citizenship from people whose Canadian heritage doesn’t go back more than two generations.

“You have to try to put yourself in someone else’s shoes and say ‘I wasn’t born here, what does that feel like?’”, says Rudolf. “Both Gordon and I come from that perspective and I think we can appreciate it a bit more. It can be hard for people to understand, you’re trying to fit in, but even if you make citizenship, you don’t fit in. You’re not one-hundred percent.”

Video one: Citizenship Act

The language requirements in current legislation is another aspect the Liberals are looking at changing, as it creates barriers to citizenship to people who would otherwise be good candidates.

“The way it’s written in the law is you have to have an adequate knowledge of English or French,” explains Gordon. “That was generally tested on the citizenship test. They changed that under the new law to be a formal test, so you have to get a certain benchmark level.”

“Having done this job for as long as we’ve done it, you realize that there’s just some people that are good at learning languages and some people that are bad at it,” says Rudolf. “Maybe they’re dyslexic. Some clients won’t make that language requirement, not for lack of effort, but just through specific ability.”

Video two: Language requirements

With recent scandal surrounding foreign workers, the government is cracking down on potential abuses in the foreign worker program, making it potentially harder for employers to comply with the rules.

“The government has said that, just randomly, they’re going to audit twenty-five percent of the employers using foreign workers,” says Gordon. “And we’re not just talking about entry-level jobs or low-skill jobs, we’re talking high-wage jobs too. Geologsist, seniors executives, people who are VPs and accountants.”

Video three: Employer compliance

Despite Canada having an Immigration Act that is intended to lay out the rules, the system seems to be ever-changing, with new rules being put in place without due process.

“We’ve set up a whole parliamentary system, debated the numbers and everything else, how many are we going to let it, how are we going to select people. And the minister at the stroke of a pen said, ‘That doesn’t matter,'” says Rudolf. “‘We’re going to prioritize in the way we think is appropriate…it doesn’t matter what Canadians think.'”

Video four: The ever-changing system

 

To listen to the complete audio interview, click the play button below left.

To view and listen to the complete Immigration and Citizenship Law audiomack channel click here

 

The Law Show airs every Sunday at 11:00 am on CISL 690.
For more information on how MKS Immigration and Citizenship Law can help you navigate the complex ever-changing Canadian immigration system, visit: http://vancouverlaw.ca/