On April 11, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced changes to Canada’s Provincial Nominee Programs (“PNPs”). As of July 1, 2012, most PNP applicants for semi-skilled and low-skilled professions will have to undergo mandatory language testing of their listening, speaking, reading and writing abilities and meet a minimum standard across all four of these categories before they can qualify for a nomination certificate.

PNPs are established under Section 87(1) of the Immigration and Refugee Protection Regulations (“IRPR”). A PNP is similar but distinct from the Quebec Skilled Worker Program, which is established under IRPR 86(1). Both the Quebec Skilled Worker Program and the PNPs offer the provinces an opportunity to select immigrants based on their specific needs.

Under a PNP, individuals nominated by the province, together with their spouse and dependent children, are eligible to apply for Canadian permanent residence through CIC under the Provincial Nominee Class. CIC will also give priority to processing permanent resident visa applications filed by provincial nominees. Given the considerable delays encountered by many Canadian permanent residence applicants, this priority processing makes immigration under a PNP program desirable.

Under the Provincial Nominee Class, each province establishes its own selection criteria. Applicants who wish to immigrate to a specific province as a provincial nominee, must first apply to the province where they wish to settle. The province will consider the application based on their immigration needs and the applicant’s intention to settle there. If the applicant is approved, he or she will be given a provincial nomination certificate, which may be used to support an application for permanent residence.

Although there has been a trend to require mandatory language testing for federal economic immigrants, PNP programs have not yet imposed mandatory language testing on all PNP applicants. However, Minister Kenney’s announcement makes clear that language testing will be imposed, at least on semi-skilled and low-skilled PNP applicants, commencing on July 1, 2012.

During the Government of Canada’s 2012 Budget Speech, the Minister of Finance announced that, in an effort to deal with the backlog of pending Federal Skilled Worker (“FSW”) cases, it would enact legislation to cancel all applications filed prior to February 27, 2008. This is proposed legislation only but it will be retroactive to March 29, 2012; as a result, it should be treated as though it were already in force.

Under proposed legislation, Citizenship and Immigration Canada (“CIC”) will close the files of FSW applicants who applied before February 27, 2008, and for whom an immigration officer has not already made a decision based on the applicable selection criteria by March 29, 2012. This proposed legislation is expected to affect about 280,000 applicants, including their dependants.

CIC will begin the process of returning the full amount of fees previously paid by these affected FSW applicants, which could amount to $130 Million. For those who have already passed the selection criteria stage as of March 29, 2012 (approximately 20,000 people), CIC will continue processing their applications.

Several Provincial Nominee Programs (“PNPs”) are currently reviewing the backlog of pending FSW applications to determine if any of them might be suitable for PNP nomination. For example, Opportunities Ontario has established a FSW Pilot Program (the “FSW Pilot”) to accommodate these potential nominees.

Under the Ontario FSW Pilot, FSW applicants who fall under one of the following five occupations will have an opportunity to apply for an Ontario nomination leading to permanent residence:

1. Computer Analysts and Consultants (NOC 2171);
2. Software Developers (NOC 2173);
3. Interactive Media Programmers and Developers (NOC 2174);
4. Financial and Investment Analysts (NOC 1112); and
5. Mathematicians (NOC 2161).

CIC began contacting FSW applicants in these occupations in February 2012, inviting them to participate in the FSW Pilot. Applicants who are invited to participate in the FSW Pilot must submit their applications to Opportunities Ontario by May 4, 2012.

Applicants who are not invited by a PNP to seek a provincial nomination certificate have effectively lost their ability to immigrate to Canada based on their pending FSW application. However, they can consider filing a new application under another permanent residence category, if they qualify.