Immigration Applications are not Processed in the Order that they are Received

3rd Feb 2014 Comments Off on Immigration Applications are not Processed in the Order that they are Received

[Editor’s Note: The following appeared in the September 2012 version of The Canadian Immigrant.  In drafting a blog post about a similar topic I realized that I had never posted the article below to my blog. I am therefore posting this today. The title in The Canadian Immigrant article was “What Applicants Should Look for In New Immigration Rules.“]

People who follow Canada’s immigration system have undoubtedly had trouble keeping up with the rapid changes that Citizenship and Immigration Canada has introduced in the past several months. From the termination of 300,000 federal skilled worker applications to the proposed “Start-up Visa,” the announcements have been fast and furious, and each one has been debated extensively.

In discussing each individual change, however, the public discourse has largely missed the shift in the forest by focusing on each tree. There is a fundamental transformation underway in Canada’s immigration system, and it is important that anyone submitting a visa application understand this before applying.

First in, first processed

Traditionally, Canada’s immigration system operated on a first-come first-processed basis. Our immigration legislation created programs under which eligible applicants could apply. People submitted applications under various programs with the understanding that while they would have to wait in the queue behind those who applied before them, they could be certain that the Canadian government would process their applications before anyone who applied after them. Importantly, they could also be certain that their application would actually be processed according to the criteria that existed when they applied.

Enter the ministerial instructions

In 2008, however, the Government of Canada began abandoning the first-come first-processed system by introducing what are now commonly referred to as ministerial instructions. Ministerial instructions are directives by the minister of Citizenship and Immigration Canada (CIC).

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