Chapter 1 – The Commissioner Intervenes: More Points for Bilingual Immigrants
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Since June 2002 the rules for entering Canada as an immigrant have changed. For the first time in twenty-five years, a new immigration law has been enacted, the Immigration and Refugee Protection Act. More than two-thirds of immigrants enter Canada as Skilled Workers.2 They represent the largest share of Canada’s annual intake of newcomers. During the drafting phase of the new immigration rules,3 the Commissioner of Official Languages intervened in Parliament and with the Minister of Citizenship and Immigration to ensure that the new law would support the vitality of Canada’s official language communities. Citizenship and Immigration Canada showed itself to be highly cooperative and accommodating. The Commissioner also succeeded in ensuring that French and English language skills of new immigrants to Canada will now be objectively evaluated and that knowledge of both official languages is given more weight in the selection grid.
Before focusing on the language aspects of the new law, it might be useful for those who have not gone through the immigration experience themselves to briefly assume the position of an immigrant and see how they would fare under the new point system. Six factors are used to evaluate an application. The reader may just want to take a moment to see approximately how many points he or she would score under the selection grid. You should first consider your language skills and assign yourself points under the Evaluation Grid for Official Language Skills. Then complete the Skilled Worker Selection Grid. As most skilled worker immigrants come to Canada without arranged employment, you should score points without assuming that you have arranged employment. Also, as many immigrants come to Canada without any prior connection to the country, the sixth factor “Adaptability” should be scored without assuming previous studies, work experience or family in Canada. An easier way to check whether you would qualify for immigration to Canada is to go to the CIC website and take the interactive online Skilled Worker Self-Assessment
.
Just like many applicants for immigration to Canada, you may find that you are just barely above or below the “magic” pass mark of 75.
| Factor One: Education (maximum 25) | You | |
| You have a Master’s Degree or Ph.D. and at least 17 years of full-time or full-time equivalent study. | 25 | |
| You have two or more university degrees at the bachelor’s level and at least 15 years of full-time or full-time equivalent study. | 22 | |
| You have a three-year diploma, trade certificate or apprenticeship and at least 15 years of full-time or full-time equivalent study. | 22 | |
| You have a two-year university degree at the bachelor’s level and at least 14 years of full-time or full-time equivalent study. | 20 | |
| You have a two-year diploma, trade certificate or apprenticeship and at least 14 years of full-time or full-time equivalent study. | 20 | |
| You have a one-year university degree at the bachelor’s level and at least 13 years of full-time or full-time equivalent study. | 15 | |
| You have a one year diploma, trade certificate or apprenticeship and at least 13 years of full-time or full-time equivalent study. | 15 | |
| You have a one-year diploma, trade certificate or apprenticeship and at least 12 years of full-time or full-time equivalent study. | 12 | |
| You completed high school. | 5 | |
| Factor Two: Official Languages (maximum 24) | ||
| 1st Official Language: Possible maximum (see additional table for calculation) | 16 | |
| 2nd Official Language: Possible maximum (see additional table for calculation) | 8 | |
| Factor Three: Work Experience (maximum 21) | ||
| 1 year | 15 | |
| 2 years | 17 | |
| 3 years | 19 | |
| 4 years | 21 | |
| Factor Four: Age (maximum 10) | ||
| 21 to 49 years at time of application (less 2 points for each year over 49 or under 21) | 10 | |
| Factor Five: Arranged Employment in Canada (maximum 10) | ||
| You have a Human Resources Development Canada (HRDC) confirmed offer of permanent employment. | 10 | |
| Factor Six: Adaptability (maximum 10) | ||
| Spouse’s or common-law partner’s education | 3-5 | |
| Minimum one year full-time authorized work in Canada | 5 | |
| Minimum two years full-time authorized post-secondary study in Canada | 5 | |
| Have received points under the Arranged Employment in Canada factor | 5 | |
| Family relationship in Canada | 5 | |
| YOUR SCORE (maximum total is 100 points, pass mark is 75 points) | ||
(Source: CIC)
You will quickly realize that any additional points can make the difference of a future in Canada or not. The points achieved under the second factor “Official Languages” can therefore be crucial.
In the past, the immigration officer evaluated an immigrant’s language abilities during the personal interview with the immigrant in a Canadian consulate or embassy. This practice has now changed. Citizenship and Immigration Canada informs future applicants that “officers will not assess your language skills at any interview.”4 Instead, immigrants have to take an approved English and/or French language test.5 The only other option is for immigrants to submit proof of education, training or work experience using English or French. Such proof will then be used by the immigration officer to assess the language abilities of the applicant. Citizenship and Immigration Canada makes it very clear, however, that it prefers applicants to demonstrate their abilities through objective language tests.6
This new language grid does, in fact, accord greater weight to official language knowledge than the grid that had been proposed by Citizenship and Immigration Canada during the initial consultation phase. Originally, 16 points had been set aside for high proficiency in the first official language but only 4 points for high proficiency in the second. The Commissioner intervened and the number of points for the second official language was increased to 8. This modification is particularly important for immigrants intending to settle in Canada’s official language minority communities. As will be discussed below, especially for newcomers heading to these communities, it is important to be functionally bilingual.
Evaluation Grid for Official Language Skills
| First Official Language | ||||||
| Speaking | Listening | Reading | Writing | |||
|---|---|---|---|---|---|---|
| High proficiency | 4 | 4 | 4 | 4 | ||
| Moderate proficiency | 2 | 2 | 2 | 2 | ||
| Basic proficiency* | 1 | 1 | 1 | 1 | ||
| No proficiency | 0 | 0 | 0 | 0 | ||
| Second Official Language | ||||||
| Speaking | Listening | Reading | Writing | |||
| High proficiency | 2 | 2 | 2 | 2 | ||
| Moderate proficiency | 2 | 2 | 2 | 2 | ||
| Basic proficiency* | 1 | 1 | 1 | 1 | ||
| No proficiency | 0 | 0 | 0 | 0 | ||
*Note: A maximum of only two points in total can be given for basic-level proficiency.
(Source: CIC)
Taking the test when you are not an immigrant yourself will make you sensitive to how immigrants feel when they come to Canada. As with any test, you will feel proud to have succeeded and, what is more, you will feel that Canada is telling you that it wants you because you have what it takes, in terms of the languages that you speak and the skills that you possess, to be a successful immigrant. Try to remember the feeling of privilege if you have succeeded in the selection test as you read through the rest of this document, particularly when reading the immigrant testimonies. You will understand much better why the initial immigrant euphoria sometimes turns to frustration.
2 This refers to the proportion of Skilled Workers to other immigrant classes (mostly family-related immigration), excluding refugees.
3 What is referred to here as “immigration rules” consists of the new Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations. The regulations specify the details of the Immigration and Refugee Protection Act.
4 http://www.cic.gc.ca/english/immigrate/skilled/index.asp.
5 Citizenship and Immigration Canada has established equivalency charts for scores obtained under the International English Language Testing System (IELTS) and the Canadian International Language Proficiency Index Program (CELPIP) for English language tests. The Test d’Évaluation de Français (TEF) is used for French. Having taken these tests, immigrants can determine exactly how many language points they will receive by using the equivalency charts.
6 Note: “We strongly recommend that you take an official language test if you are claiming skills in a language that you have not used from birth.”
