Archives for May 1998

Q. I’ve come to Canada with student authorization and I’m now studying in the University for my PhD. Can I change my visa status from Student authorization to immigrant?

Answer: You cannot change one visa to another. You may, however, apply for PR while you are a student in Canada. The application must be submitted outside of Canada.

Q. In filling in the application form, how do I best select “My intended occupation”?

Answer: Your intended occupation should be chosen on the basis of the profession on the General Occupations List in which you have sufficient experience, and are otherwise qualified according to NOC requirements.

Q. Is it true that PR application of a computer professional is processed quicker than other professionals, though they have higher qualifications and points? From my limited experience (well, only one or two!), it seems like that.

My friends applied at the same time and the one who is a software professional has got the landing papers but another one (not in a computer related job)is still waiting for a medical test or interview call! I am just wondering whether they have misplaced the file or it’s the normal way how it works!?

Answer: Processing of applications from any one profession are not given any increased priority over any other given profession. The differences in processing times that you have referred to are based on the issuance of an interview waiver in one case, and the apparent request for an interview in another. Computer professions are, by no means, the only professions which warrant interview waivers.

SHRC pilot designed to expedite the temporary entry of foreign, software development workers extended to December 31, 1998.

OTTAWA, March 1998/SHRC/- The Software Human Resource Council (SHRC) is pleased to announce that Canadian companies in need of temporary, highly skilled software development workers will be able to benefit from the Software Development Worker Pilot Project until December 31, 1998. The Canadian software industry has indicated to SHRC that it is pleased with this initiative and wants it to continue.

Given the current shortfall of senior, highly skilled software development workers, the advantage provided by the pilot is critical to the global competitiveness of Canadian companies. In other countries, as well as in Canada, companies are aggressively recruiting workers with these high-level skills, and Canadian employers maintain that an ability to expedite the issuance of the necessary employment authorizations represents an advantage in attracting these workers. To date, over 400
work authorizations have been issued under the Software Development Worker Pilot Project.

The pilot is designed to expedite the process of validating an employer’s offer of employment by examining skill shortages and occupations as a whole, as opposed to the current method of dealing with individual job offers on a case-by-case basis at a Human Resources Centre Canada (HRCC). The intent of the pilot is to remove the delays associated with the job-specific validation process. The pilot also tests the use of a National Validation Letter issued by Human Resources Development Canada (HRDC), which is specific to seven software development jobs identified by industry, and deemed to be in short supply in Canada.

The partners in this initiative maintain that the entry of these workers into the Canadian labour market will have no negative impact on Canadian job seekers and workers. SHRC’s partners in this initiative are Human Resource Development Canada (HRDC), Citizenship and Immigration Canada (CIC), and Industry Canada.

For further information visit SHRC’s web site at: www.shrc.ca

Meeting with Herbert Brownstein, Executive Member, Canadian Bar Association

Mr. Bob Brack indicated that a policy has been adopted at the Canadian High Commission in New Delhi only to meet representatives of the Canadian Bar Association and the Organization of Professional Immigration Consultants (OPIC). Due to the increase in requests they have been receiving, they are unable to meet with all lawyers and consultants.

The Canadian High Commission in New Delhi does not regularly publish newsletters. Information is provided through meetings with representatives of the CBA and OPIC.

1. GENERAL OPERATIONS:

There are currently 16,579 active files in New Delhi, of which 26% are represented by Consultants and/or lawyers i.e. 4,307 are represented by third party representatives. In 1996 only 6.43% of applicants were represented by paid lawyers or consultants.

Of these third party representatives, approximately 75%-80% are represented by consultants and 20% by lawyers. The Canadian High Commission in New Delhi has good experience with files submitted by OPIC members and Canadian lawyers. The problem is with foreign consultants and agents operating in India, the credibility of the representation being suspect. Documents must
be checked carefully in order to ensure their authenticity.

There are currently 100 locally engaged India support staff, 9 locally engaged Indian officers, and 20 Canadian officers, including 2 medical officers.

2. QUEBEC CASES:

At least 45 Quebec cases from the Quebec Delegation in Hong Kong are currently being treated by the Canadian High Commission. In the past, problems were experienced with the timely receipt of C.S.Q.’s. But now, there are no problems as an e-mail link has been established. Mr. Brack
indicated that all officers in New Delhi should have a general understanding of the Quebec regulations but with so few cases in process, not everyone has occasion to apply these regulations often.

In one Quebec case, after the CAQ was issued, the client was put into the interview queue and no medicals were issued. Mr. Bob Brack will now appoint one officer to handle all Quebec cases at the initial processing stage to ensure that this does not happen again unless there is a proper cause for an
interview.

The Quebec Delegation visits New Delhi once a year to conduct interviews based on demand. Due to low demands at times, they may delegate their authority to the Canadian High Commission in New Delhi to conduct interviews based on Quebec selection criteria.

3. CANADA CASES:

Processing time for independent professional and skilled workers is now 23 months. For entrepreneurs and investors, 12 months. There are 18 Canadian visa officers, 2 medical officers, and 9 Indian officers. Of these, 2 CBOs are managers, one is an Immigration Control Officer, 5 work on
non-immigrants, and the rest on immigrants. Immigrant interviews are done by 3 teams of 5 officers each led by a team leader. Interviews are held in addition to New Delhi, regularly in Ahmedabad (monthly), Madras, Bombay and Calcutta. Two officers are responsible for case analysis. Two officers are involved in litigation and appeals. Appeal and litigation officers handle all appeal cases and advise initially in the drafting of refusal letters. They also process appeal allowed cases to ensure expeditious treatment. Jean Roberge is the program manager and Bob Brack the deputy program manager. They do not conduct interviews.

In Chandigarh, one officer acts as the recipient of applications and provides information and checks to see if the applications are complete.

The backlog regarding family class has now been cleared regarding spouses and children, up to date as of February 1998. For independent economic immigrants 4,350 files are pending, out of which 2755 are from Ahmedabad alone. There are only 30 Entrepreneurial cases submitted in New Delhi. The rest are independent professional and skilled workers.

Philip Lupul, a lawyer by training, is in charge of all business cases. No paper screening of independent skilled workers or professional cases has been done since July 1997 due to priority treatment of FC-1 cases.

The Canadian High Commission in New Delhi no longer requires a letter of approval from the Reserve Bank of India (R.B.I.) for business cases. For engineers no CCPE is required as long as the applicant’s college is on the CCPE approved list.

Applications received in August 1996 should expect to be interviewed in 1998. The Canadian High Commission in New Delhi has now begun to clear the backlog of independent class cases. Temporary visitor’s visas are regularly issued to bonafide business persons who apply for immigration to Canada in order for them to conduct an exploratory trip. Double intent is recognized.

At present in New Delhi, applicants who have submitted their files prior to August 1996 have all been dealt with and have either been convoked to an interview or waiver given. For those from Ahmedabad, all clients who have submitted their applications prior to October 1996 have been dealt with. Those residing outside of New Delhi may be interviewed either in New Delhi or in their region where interviews are regularly conducted, example, Bombay, Ahmedabad, Madras.

Canadian High Commission staff officers responsible for fixing interviews are supposed to look at residential address. At times errors occur when the consultant’s and lawyer’s mailing address is indicated and the client is convoked to New Delhi. The third party representative in a covering letter
should indicate to the Canadian High Commission in New Delhi where his client wishes to be interviewed.

New visa officers in New Delhi are given intensive training on India law and customs. They are also informed on how to spot suspected fraudulent documents.

Medicals are done by Designated Medical Practitioners, these medicals are then checked by 2 Canada based officers at the High Commission.

REGINA, March 16, 1998 — Canada and Saskatchewan will cooperate more closely when developing immigration policies under the terms of an agreement signed today by the Saskatchewan Minister of Intergovernmental and Aboriginal Affairs, Berny Wiens and Citizenship and Immigration Canada Minister Lucienne Robillard. The agreement covers a variety of subjects ranging from immigration planning to integration, and establishes the Provincial Nominee Program.

“This immigration agreement reflects a mutual commitment between the governments of Canada and Saskatchewan to cooperate on immigration issues,” said Minister Robillard. “Immigration has always contributed to the social and economic development of both Canada and Saskatchewan. We are committed to working together to ensure that this mutual benefit continues.”

The agreement is intended to ensure that Saskatchewan’s needs are better reflected in the annual immigration levels and in decisions relating to the selection and recruitment of immigrants. While Canada will continue to determine national policy, annual plans and admission and selection standards for immigration, it will work with the Province to tailor these activities to meet Saskatchewan’s unique needs.

One way the agreement accomplishes this is through the Provincial Nominee Program. Under the two-year pilot Program, the Province may nominate up to 150 individuals for immigration based on skills and entrepreneurial assets that they possess.

“This agreement makes immigration work better for Saskatchewan,” Minister Wiens said. “The Provincial Nominee Program in particular will enable Saskatchewan to recruit immigrants with the potential to make a significant contribution to the provincial economy. The federal-provincial cooperation demonstrated today is making real improvements to the way Canada works.”

The Canada-Saskatchewan Immigration Agreement appropriately balances national objectives with the unique circumstances that exist in Saskatchewan. The two Ministers commented that agreements like the one signed today respond to the wishes of Canadians who have said that they want their governments to work together in the delivery of their social and economic programs.