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Dear Mrs Ffolkes-Abrahams,

I filed for permanent residency as a skilled worker in February 2008 and, to date, I have not completed the process successfully.

I have submitted all documents requested by the embassy - police record, birth/marriage and academic certificates. I cannot say what the delay is, as I have not received any more follow-up correspondent from the embassy.

Do you know what could be the cause of the delay?

Hi,

I have had many questions like this one you pose, about delay in the process. There could be any number of reasons for the delay. There is a huge backlog and this might be one of the causes. There are reported plans to reduce the backlog. However, you should be aware there are some new stipulations for qualifying for the skilled-worker programme. Citizenship and Immigration Canada sets out plans for immigration every year. New regulations have come into effect for applications made on or after February 27, 2008. These new regulations were published by the Ministry of Citizenship, Immigration, on November 28, 2008. They state that only applicants who have an arranged employment offer, or who are legally residing in Canada for at least one year as a temporary foreign worker or an international student or who have work experience in the listed occupations, are eligible to be processed in the federal skilled-worker class. There is a list of occupations also known as the 29 in-demand occupations.

Application

You have not indicated the occupation that you filed under or the date when you applied. If your application was made prior to February 27, 2008, then the new regulations do not apply to you. However, if your application was made after that date, and you do not fit into one of the 29 in-demand occupations, or you do not have a job offer, or you were not legally residing in Canada for at least one year as a temporary foreign worker or an international student, your application will be turned down. These occupations are on the National Occupational Classification list and include, registered nurses, licensed practical nurses, dentists, dental hygienists, restaurant and food-service managers, architects, physicians, pharmacists, medical-radiation technologists, chefs, cooks, plumbers and electricians to name a few.

There is a limit to the number of applications to be considered each year in each occupation. However, if you have a job offer, your application will not be subjected to the limit. It is, therefore, a whole lot better for you if you have a job offer in your particular occupation. In addition, you will also have to go through a language assessment before your application can be approved.

According to the Canadian Immigration website, if your application was made prior to February 27, 2008, 80 per cent of the applications from Kingston, Jamaica are finalised within 39 months, that's just over three years. So, you still have some waiting to do. You can also check the status of your application online. I do hope that your application is successful.

Sharon Ffolkes-Abrahams is a barrister/solicitor of bars in Jamaica and Ontario, Canada. She is president of the Jamaican Diaspora Canada Foundation and former counsel at the Ontario Human Rights Commission. Email: info4immigration@gmail.com or editor@gleanerjm.com.