

Canadian immigration laws change very so often, whether they are minor procedural changes or major regulatory changes. Less than six years ago the entire Immigration Act in Canada that was in force since 1976 was repealed and replaced with a new Immigration and Refugee Protection Act 2002, abbreviated as IRPA.
The IRPA brought about significant changes that were perceived to be quite "un-Canadian". Among other provisions, the new regulations applied to the Federal Skilled Worker (professional) category applications that were already filed at various Canadian visa offices around the world. Needless to say, many prospective applicants of this category did not make it under the new set of rules and therefore faced the threat of being refused. Some transitional provisions applied but the new rules as a whole were far from immigrant- friendly.
Many individuals and groups interested in Canadian immigration laws lobbied against the new rules. Finally a class action law suit forced the government to amend their retroactive policy. The pass mark that applies to the subject category was also brought down to a record low of 67 points.
A deviation from the concept of "demand based selection system" was clearly evident in the enactment of the IRPA. Under the regulations of IRPA, any applicant of a certain skill level who met the pass mark was to be accepted on a first-come -first -served basis, irrespective of his/her occupational demand.
Almost six years later, the Department of Citizenship and Immigration ,Canada ,has realized that the IRPA does not necessarily address the issue of current skills shortages in Canada or that the existing system provides for effective facilitation of applicants with the urgently needed skills to come forward to Canada.
With a view to remedying this situation, Canada's Conservative government tabled Bill C-50 that proposed significant amendments to the IRPA on March 14, 2004. If passed, the Minister of Citizenship and Immigration would be given unprecedented authority to fast track applications of certain occupational categories, delay the processing of certain other applications and even return some applications and fees in the Skilled Worker category, if they exceed the annual limits, among other proposed reforms.
On a positive note, the prospective applicants who have the right occupational skills will be able to complete their immigration process in record time should the proposed reforms become law in the future.
Nevertheless, the current situation renders it practically impossible to predict the outcome of any Professional Skilled Worker Category application that is made after February 27th 2008. If Bill C-50 is passed as it is, the uncertainty is likely to continue as the Minister of Citizenship and Immigration will have the power to introduce swift changes and cap the intake depending, upon a number of different factors.
Since the tabling of the immigration reforms, speculation has mounted on the unspecified implications of Bill C-50. The reforms are tied up in the Budget Implementation Bill, making it a matter of confidence before the Canadian Parliament.
It will be interesting to see where Canadian immigration rules are heading this time. In the interim, it is worth exercising caution in investing upfront, when considering the option of migrating as a Federal Skilled Worker.
(Shani Hanwella is a former Immigration Officer at the Canadian High Commission in Colombo, Sri Lanka and presently a Licensed Immigration Consultant in Canada)