The Expression of Interest Immigration System

23rd Oct 2013 Comments Off on The Expression of Interest Immigration System

On October 22, 2013, the Conservative Government of Canada tabled its latest omnibus budget bill, titled “A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures” (the “2nd 2013 Budget Implementation Act“)  Totalling 327 pages, the 2nd 2013 Budget Implementation Act introduces the “expression of interest” immigration system into the Immigration and Refugee Protection Act, sc 2001, c 27 (“IRPA”).

Division 16 of the 2nd 2013 Budget Implementation Act states:

Division 16, Immigration and Refugee Protection Act

Amendments to the Act

290. Part 1 of the Immigration and Refugee Protection Act is amended by adding the following after the heading “IMMIGRATION TO CANADA”:

 

Division 0.1
Invitation to Make an Application

Application for permanent residence — invitation to apply

10.1 (1) A foreign national who seeks to enter or remain in Canada as a member of a class that is referred to in an instruction given under paragraph 10.3(1)(a) may make an application for permanent residence only if the Minister has issued them an invitation to do so, the invitation has not been cancelled under subsection 10.2(5) and the applicable period specified in an instruction given under paragraph 10.3(1)(k) has not expired.

Limitation

(2) An instruction may be given under paragraph 10.3(1)(a) only in respect of a class that is part of the economic class referred to in subsection 12(2).

Expression of interest

(3) A foreign national who wishes to be invited to make an application must submit an expression of interest to the Minister by means of an electronic system in accordance with instructions given under section 10.3 unless the instructions provide that they may do so by other means.

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