Language testing for ALL (skill & bus) New LAW

Canada Immigration Forum (discussion group)


 
       
Subject: Language testing for ALL (skill & bus) New LAW
  One of the lawyers wrote in his article:

Skilled workers, business applicants face new hurdle

The folks at the Department of Citizenship and Immigration in Ottawa are keeping real busy these days.

In addition to other recent announcements, they have just introduced their third major piece of legislation designed to amend our immigration regulations.

A recap is in order.

Firstly, the Feds have Bill C-17 pending. This bill aims to deny work permits to foreign strippers headed for Canada with a view of protecting them from our licensed, but "exploitive", strip clubs.

Then there is Bill C-50, which is also on a bumpy road to passage. Changes to our immigration regulations were tucked into this budget bill and seek to turn our minister of immigration, and her successors, into super-ministers who can proclaim new immigration rules without parliamentary, cabinet, or public input or oversight.

Now, we have a third proposed regulatory amendment that introduces two main initiatives.

First, we´ll start with the good news.

CIC proposes to simplify the landing process for applicants in the skilled worker class and the business classes. These applicants will still be required to send their applications to visa posts outside of Canada for processing. However, those who find themselves in Canada in lawful temporary status (i.e. as workers or visitors) at the time that their immigrant visas are issued overseas will be able to get landed here without leaving the country. Presently, they would have to drive or fly to the nearest Canadian port-of-entry to seek landing. This welcome change will, undoubtedly, avoid a lot of unnecessary schlepping.

Now, the not-so-good news.

It is proposed that all applicants in the skilled worker class, and in the business class (i.e. investors, entrepreneurs, and the self-employed) undergo a formal third-party language test in English or French regardless of their nationality, mother tongue, or language of instruction. At present, applicants in these categories can elect to undergo such a test or submit other evidence of their abilities in one of our official languages. However, the department feels that assessing such alternative evidence is slowing down its officers. The department considered issuing a narrow exemption for "native English or French speakers" but couldn´t find a "clear and fully defensible definition" of one. Instead, they propose to require everyone to do the test.

While this is being touted as "fair", I can´t wait to see the looks on the face of some American or British- born engineer or businessman, or perhaps a French poet, when I tell them that they need to undergo language testing and that they may have to fly or drive for hours to get to the nearest test site.

This doesn´t make us look "fair". It makes us appear as if we lack basic common sense.

Given my own Canadian education and work experience I´d be miffed if I were to be asked to do an English test if I were immigrating to the US or UK.

Other countries have defined fair exemptions to language testing. So should we.

[05-05-2008,22:10]
[**.251.73.156]
Mike
(in reply to: Language testing for ALL (skill & bus) New LAW)
Some how this Minister of CIC thinks that people involved with the Immigration Industry have suggested that this is necessary.

Language Testing a real funny subject to me.

I represented the then Minister of CIC at hearings as his/her counsel for years to prove different individuals had violated the then Immigration Act.

"Then" refers to a long time ago. Now I have switched sides.

I was forced to prove my English ability when I was forced to join CSIC to continue with earning a living as an Immigration Consultant.

Now many Consultants felt that the Language testing was a way to eliminate many ethnic quality consultants that had another language as their first language. The testing room contained about 90% consultants and some foreign students trying to get into University/College. Everyone was given a story to read and to answer questions on. The story was about "Bat Colonies" and why in certain countries it is important to maintain Bat Colonies.

Need I say, I failed the English Exam the first time.

English or French based on questions related to ones occupation are logical to me. That proves your ability to establish themselves.

So someone (an Investor or Entrepreneur) who has a NET INCOME of $800,000.00 with two years business experience and can prove they earned that money legally has to loan the government $400,000.00 for five years Interest free must prove they learned English/French or start a business and employ one non-family member for a full year to have the conditions of Landing Removed!

BOTH THESE GROUPS REQUIRE ONLY 35 POINTS YET NOW THEY MUST LEARN ENGLISH/FRENCH.

How many Immigrants or non French/English speaking business people are successful in Canada. A Business Person is a Business Person and an Investor is an Investor.

The Conservatives do because they can and no one is stopping them.

Roy
www.cvimmigration.com



[06-05-2008,07:37]
[**.52.217.87]
Roy
(in reply to: Language testing for ALL (skill & bus) New LAW)
Another story same subject.

http://www.thestar.com/article/421032

[06-05-2008,08:17]
[**.52.217.87]
Roy
(in reply to: Language testing for ALL (skill & bus) New LAW)
Can anyone imagine an American half as well known as Bill Gates being informed by counsel that now he has to go to a language test after attending Harvard!

Even half that man´s money and being told to take a Language test GET REAL Finlay.

[06-05-2008,11:52]
[**.158.55.233]
Roy
(in reply to: Language testing for ALL (skill & bus) New LAW)
another way to look at it. Test scores cannot be disputed. it takes 2 minutes to read the score instead of 30 minutes to assign points. If a candidate does not pass the languaged score and obtain 67 they likely would not apply until they get the points they need.

Maybe it is a way of keeping applications out of the pile that should not be there in the first place.

As an employer and one who knows many... language skills are by far the biggest barrier to success. They are also the biggest rub with the general public in terms of esl costs or sheer frustration.

Perhaps a little indignity will go a long way to clean up the backlog.

just another way of looking at it without suggesting I totally agree with my own comment.

[06-05-2008,13:39]
[**.155.160.37]
Sharon
(in reply to: Language testing for ALL (skill & bus) New LAW)
I strongeluy belive that if they award you scores for english testings then this law is useless because the system is already in place. There was a little room for native speakers or people with strong educational background from english medium institutions, even if they are not native speakers.

They should define a certain level of english as a prerequisite for application and finish this scoring system otherwsie this new law is not going to help.

Nationals of english speaking countries whose first language is english should be exempted. Countries like USA, UK, etc. should be expempted provided the applicant´s first language is english.

[06-05-2008,14:34]
[***.50.205.242]
Mike
(in reply to: Language testing for ALL (skill & bus) New LAW)
We cannot assume that nationals are proficient in a language.

A forced standardized test is simply a removal of discretion by CIC.

Total score is the current criteria. I would personally favour a split score that would separate out language. all the points in the world won´t help you if you do not have a certain proficiency in english or french and perhaps we apply those rules at a reduced minimum to include non- primary applicants, and family class sponsorships.

now that idea would have a few folks lighting their hair on fire!

[06-05-2008,15:21]
[***.20.92.250]
Sharon
(in reply to: Language testing for ALL (skill & bus) New LAW)
35 POINTS NOT 67 POINTS

A Millionaire is a millionaire is a millionaire who cares if he speaks fluent English/French when it comes to Bat Colonies. He is giving the Canadian Government $400,000.00 CA for five years at no interest.

This will be used for all kinds of infrastructure projects!!!

Entrepreneurs must create employment for a year and prove same.

ALL THEY NEED IS 35 POINTS WHY DO THEY NEED TO PROVE THEIR LANGUAGE ABILITY?


IN ANY RACE ALL YOU NEED TO DO IS TO FINISH TO GET A PRIZE WHY RUN TO EXCESS?

Roy
www.cvimmigration.com

[06-05-2008,19:29]
[**.52.216.213]
Roy
(in reply to: Language testing for ALL (skill & bus) New LAW)
I guess I hang out with too many property managers that call it the spring flip. Immigrant comes, buys restaurant, employs relatives, stops paying rent at about month 4, baliff arrives after rent is in arrears byt 120 days, sells business to next immgration entrepreneur, gets PR, does not pay bills, blah blah blah.

This type of immigrant kills people who actually try to run legitimate businesses and have to compete with a prospective PR that will pay anything for space, not worry about making a profit but who cares - they have their PR.

I know they are not all like this, but today it sure feels like it.

my Tuesday rant.

[06-05-2008,21:30]
[***.20.92.250]
Sharon
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