Over the next year, Canadians should not be surprised to see significant changes to Canada's immigration and citizenship law. The following articles examine some of the key recommendations made to reform the Citizenship and Immigration Acts and the impact of the proposed changes on Canada's citizenship and immigration and refugee system should they be implemented by the federal government.

Proposed Changes to the Citizenship Act
Proposed Changes to the Immigration Act
Proposed Changes to Access to Appeals
Proposed Changes to the System of Refugee Determination

Proposed Changes to the Citizenship Act

• granting citizenship to children adopted abroad
• three years' physical residence in Canada required for citizenship
• removing certain appeal rights relating to revoking citizenship
• denying citizenship to certain applicants on security grounds

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Proposed Changes to the Immigration Act

• increasing age of family class dependents to 22
• changing definition of spouse to include communion and same-sex couples
• raising requirements for the investor category ($400,000 minimum investment, $800,000 minimum personal net worth)
• selecting skilled workers based on sound and transferable skills, good education and experience, strong language skills, flexibility, adaptability, motivation and knowledge, rather than based on intended occupation
• increasing the language requirements for business immigrants
• toughening rules for immigrants who travel abroad frequently retaining Canadian residence status
• reforming the system of selecting temporary workers
• eliminating the self-employed category

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Proposed Changes to Access to Appeals

• denying permanent residents who commit serious criminal offences the right of appeal to the Immigration Appeal Division
• denying refugees and permanent residents who are war criminals, terrorists, members of organized crime, and members who represent a security risk the right of appeal to the Immigration Appeal Division
• denying permanent residents who obtained their immigrant status through any form of misrepresentation the right of appeal to the Immigration Appeal Division
• non-family-class immigrants and refugees whose overseas applications are refused may only appeal to the Federal Court of Canada by leave.

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Proposed Changes to the System of Refugee Determination

• consolidated decision-making by the Convention Refugee Determination Division
• scheduling priority for applicants from non-refugee-producing countries
• easier access for the Minister's representative in cases of misrepresentation or fraud

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In these articles, I have only tried to highlight some of the more significant changes to the citizenship and immigration system in Canada. I hope this will help you understand the proposed changes better and contribute to an informed debate on this very important and contentious topic.

Andrew Z. Wlodyka obtained his law degree from the University of British Columbia. He was called to the Bar of British Columbia in 1978, Mr. Wlodyka practices in the area of immigration law with the Vancouver Law firm of Lawrence Wong & Associates. He was a member of the Immigration Appeal Board from 1986 to 1988. Mr. Wlodyka was Assistant Deputy Chair of the Immigration Appeal Division, Immigration and Refugee Board from 1989 to 1993. He's the Past Chair of the Immigration Section, Canadian Bar Association, B.C. Branch. He has written articles and papers in the area of Immigration Law and his most recent publication "Appeals before the Immigration Appeal Division" was published by Carswell in 1996. He has traveled extensively in Asia.

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