Archives for 2000

Q. I have done my master in computer science in 98-99. I’m also a oracle certified professional (DBA) Do you know what is the best place for an IT professional in Canada?

Answer: The key spots to find work right now in the Information Technology field are found in Ontario, Canada. The Greater Toronto area is where you can find most head offices of national and international companies. Hamilton, Ontario actually has the lowest unemployment rate in all of Canada right now (statistics for August 2000). Other areas with good IT possibilities are Winnipeg, Calgary and Vancouver. Montreal, Quebec is also a strong IT location but requires bilingualism (French and English) in most positions.

Q. I immigrated to Canada in January 2000 and brought 12.000 CAD (the minimum amount) with me. At the time of my landing I was only asked how much did I bring to Canada but I wasn’t asked about my funds in my own country. Therefore, at my landing time I couldn’t declare my foreign funds to the Canadian immigration authorities.

Before coming here, I have left some money (nearly 45.000 CAD) in my foreign bank account and now I would like to transfer this money into my Canadian bank account. I heard that if the money is not declared on my goods-to- follow list, then I have to pay some extra tax for that. Is that true?

Answer: From an income tax standpoint, the timing of the transfer of the funds into Canada is not relevant. As a Canadian resident, you are taxable on your world income from the point at which you became resident in Canada. Thus, any income earned on the amount left in the foreign bank account will be subject to Canadian tax beginning at that time. To the extent the same income is also subject to either a withholding tax or income tax in the country of origin, it may be possible to claim a foreign tax credit in Canada to eliminate the potential for double taxation.

Disclaimer

The nature of this facility is to provide a general response to a general question. Under no circumstances should anyone act on this information without obtaining analysis and counsel from a qualified advisor with respect to the specific situation.

Phillip Nadler, CA
Richter Usher & Vineberg
http://www.richter.ca

Manitoba has recently included a special category for “business persons” in its Provincial Nominee Program. The new regulations aim to attract individuals who intend to reside in Manitoba and propose to set-up or purchase a business in Manitoba.

The applicant will be expected to provide “active and ongoing participation in the management of the business.” Although there is no specific list of eligible business sectors, the proposed business should have an active value-addition profile (e.g. manufacturing, food processing, provision of basic services, etc.) and it must contribute positively and significantly to the economy of Manitoba through employment creation. Passive businesses (e.g. finance companies, rental agencies, etc.) are considered ineligible.

The applicant must submit to the provincial government a “business plan” which clearly sets out the specific business proposal, and should preferably be supported by a prior exploratory visit where preliminary market research has been undertaken. The applicant must demonstrate a strong management background (between 3 to 5 years of significant management experience), although it is not necessary to have owned a business. The applicant should be able to commit to a $150,000 investment into the proposed business, and should provide a net worth assessment of $250,000 excluding jewelry, furniture, etc. The Business Category applicants will also benefit from adaptability factors, e.g. relatives, previous business dealings, employment, or studies in Manitoba. Lastly, the applicant will be required to provide a Letter of Credit confirmed by a Canadian Bank in the amount of $50,000 to the Provincial Authorities. The Province of Manitoba will call on this credit in the event of failure to start the proposed business.

The Manitoba Provincial Nominee Office will issue a Certificate of Acceptance to eligible Business Applicants, who will then have 180 days to submit an application for permanent residence. The applicant will be required (a) to score a minimum of 25 points under the federal selection grid, and (b) to demonstrate sufficient cash availability equal to $10,000 plus $2000 per dependant. The Provincial Nominee Office will submit complete applications to Citizenship & Immigration Canada, who retain the right to interview applicants to verify the contents, and may refuse the application due to medical reasons or criminal concerns. CIC must provide reasons for refusal (if any) to the Provincial Nominee Office, who retains the right to respond to the visa office to address the grounds of refusal. There is a Federal/Provincial agreement to consider applications under the Provincial Nominee Program in an expeditious manner.

Employment increased by an estimated 58,000 in November. After a brief pause in June and July, employment increased each month from August to November, resuming the upward trend of the last three years.

While employment grew in November, so too did the labour force, by a similar amount – 58,000. This left the unemployment rate unchanged at 6.9%.

Overall full-time employment increased by 79,000 in November, with a gain of 85,000 among adults aged 25 and over.

Among adult women, full-time employment increased by 51,000, while part-time employment declined by 26,000. From August to November, full-time employment gains among adult women totalled 113,000, an average monthly increase of 28,000.

Full-time employment among adult men rose by 34,000 in November, bringing gains since July to 50,000, an average monthly increase of 12,000.

For more information, please visit: (Statistics Canada)

Kids hate moving. They hate change in general. Or, they seem to, but once it occurs, they adjust with an uncanny ease that no adult can duplicate.

I subjected my parents to furious tantrums over a mere change of schools; occasionally, when friends’ parents decided to move elsewhere, we kids would gather to resolutely discuss ways to avert the impending departure, the lack of sanity on part of our parents an accepted, unspoken fact.

In every case, the protests were ignored, life went on, and prior fits of whining were quickly forgotten.

When new students appeared in class it was more than a novelty; it was a major disruption. We would stare at them, regardless of origin, as if they were made of wood or cheese…for ten minutes – a day at most.

The fact is that kids are much more adaptable to new places than parents. Just as children have an easier time learning new languages, so will they acquire new cultures, both much better and much faster than their parents.

The problem, if there is one, is that they adapt too well. This is convincingly portrayed in East is East, a film directed by Damien O’Donnell. It details the cultural conflict between a Pakistani father and his children, who were born and raised in 1970’s Manchester. While we’re a long way from the 70’s and Manchester (and a fair bit of the racism that was prevalent in those times), the message of the movie transcends time and place. These children are British, speaking with the local accent, interested in the same things as every other kid in the same place. Only the father, raised in a very different place, has not been completely absorbed by the culture – even after 25 years – and is deeply concerned that his offspring will grow up not understanding their own ancestral culture.

Ultimately, that’s the legitimate difficulty all parents have to deal with – their children have fit in to their new surroundings, but they have forgotten their old ones. The by-product of this is a perception by the kids that their parents are backwards, anachronistic and out of touch: in East is East, the children can’t even fathom the possibility of an arranged marriage. Their father cannot fathom their impudence.

East is East doesn’t presume to advise on resolving such cultural differences, and neither will I. Moving to a new place will necessarily create conflicting situations, and those situations will be frequently challenging by their very definition.

What parents shouldn’t forget, however, is that regardless of their own cultural background, kids will always harbour that perception – parents are backwards, anachronistic and out of touch – even if no move is involved. It’s what kids do.

Q. Our family just passed the interview and is going to have our medical exams. But my son got a kind of cancer two months ago and is in remission. He lost almost all hairs. Do you have any idea about my case?

Is it possible for our family pass the requirement of the medical exams? Or I can leave my son with his grandparents. Regarding that all of us
apply the immigration together before, what I have to do for this choice? Should I have a letter for the officer in the immigration office?

Answer: There is a serious risk that a condition as serious as cancer, although in remission, would be grounds for medical inadmissibility.

We have had only one client whose child had a condition of this nature, and it had been in remission for numerous years. Despite this evidence and testimonials from specialists stating that the condition was unlikely to resurface, the decision of the Medical Officials was that the case was inadmissible on medical grounds.

Additional information on this topic may be found at Campbell, Cohen’s web site at the following URL:

http://canadavisa.com/documents/medical.html

When a dependent is found medically inadmissible, the entire application would be refused. Only a legal adoption of the child may be able to prevent that.

The immigration officials do not make medical decisions. You may provide documentation in support of your child’s health to the Designated Medical Practitioner, who would pass it on to the Medical Officer. You would typically also be given a chance to provide additional evidence after the initial review of the medical results.

Q. Can I apply inside Canada for immigration when I arrive with my wife who was born in Canada. I have been told that the only way you can do it that way is you must have a job lined up is this true or can I just apply within.

Could you please tell me how long it takes from applying within before I can work?

Answer: To be eligible to process a sponsorship application inland, that is entirely within Canada, the applicant and must demonstrate that sufficient Humanitarian and Compassionate grounds exist to allow for such. If that cannot be demonstrated to the satisfaction of an immigration official, the application must conclude processing at a visa office outside of Canada.

A spousal relationship would typically constitute sufficient grounds to allow for inland sponsorship. The fact that your spouse is pregnant would further benefit such a claim.

Although the processing of such a case would take 12-14 months, it may be possible to obtain an employment authorization in as little as 6-12 weeks after submission of the case.

On October 22, 2000 a federal election was called in Canada to take place at the end of November. The dissolution of Parliament put an end to all pending legislation including the new Immigration Act. However, the polls suggest a return to power for the Liberal Party of Canada and so it is likely that the Act will soon be revived. With this in mind now is a good time to preview the policy proposals for the Regulations that will accompany the Act.

Whereas the Act sets out the core principles and components of the various immigration programs, the Regulations contain the procedures, exceptions and other details which allow for the Act’s implementation.

In this issue we are summarizing the proposed Regulations as they pertain to the Economic Classes of Immigrants – Skilled Workers, Investors, Entrepreneurs, and Self-Employed Persons. Our next issue will look at the proposed Regulations from the perspective of Family Class Sponsorships.

Skilled workers

The Canadian Government plans to:

· Introduce an improved, objective point system which was developed following extensive research and consultation with key immigration stakeholders and provincial governments (the number of points required to qualify has not yet been determined);
· Select the skilled immigrants Canada needs based on their flexible skills rather than intended occupations;
· Emphasize experience in any skilled occupation rather than designating particular occupations;
· Highlight the importance of selecting skills tradespersons and respond to concerns about over-emphasis on advanced educations;
· Recognize the importance of informal job offers from Canadian employers, including family and small business, as an element of adaptability (however, an applicant who receives 10 points for a validated job offer will not also receive points for an informal job offer);
· Preserve the ability of an immigration officer to exercise discretion when they believe that the total points awarded do not properly reflect an applicant’s potential;
· Provide the Minister with the authority to set and amend the pass mark;
· Specify funds required for initial establishment while recognizing that supporting documentary evidence may be provided through various means’
· Provide authority for a negative occupation list to exclude certain occupations for which a public policy decision has been made to protect the Canadian labour market;

Proposed Points Grid

AGE	Maximum 10
21 – 44 years of age at time of application	10
Lose 2 points for each year of age over 44 years or under 21 years
EDUCATION	Maximum 25
Doctorate & Master’s Degrees	25
Bachelor’s Degree involving equivalent of at least 3 years full time studies	20
3-year equivalent full time studies/training leading to a diploma, trade certificate or apprenticeship	20
2-year equivalent full time studies/training leading to a diploma	15
1-year equivalent full time studies/training leading to a diploma	10
High school	5
LANGUAGE *	Maximum 20
Fluency in first official language	16
Abilities in first official language at the “well” level	8
Poor or no abilities in first official language	0
Fluency in second official language	4
Abilities in second official language at the “well” level	0
Poor or no abilities in second official language	0
*points will be awarded on the basis of English and French abilities in four skills: speaking, reading, writing, and comprehension.
EXPERIENCE	Maximum 25
One year of recent skilled work experience	10
Two years of recent skilled work experience	15
Three years of recent skilled work experience	20
Four years of recent skilled work experience	25
VALIDATED ARRANGED EMPLOYMENT	Maximum 10
Arranged employment in Canada validated by HRDC	10
ADAPTABILITY	Maximum 10
*Spouse’s (including common-law partner’s) education
– Masters or Ph.D.	5
– Bachelor degree or three year diploma	4
– one – two years post-secondary education	3
*Minimum one year full time authorized work in Canada	5
*Minimum two years full time post-secondary study in Canada	5
*Informal job offer in Canada in keeping with past experience or education	5
*Family member in Canada	5
TOTAL	Maximum 100

Investors and Entrepreneurs

The Canadian Government plans to:

· Define Investor to mean an immigrant who:

a. has business experience;
b. has a net worth of at least $800,000;
c. indicates to the Minister, in writing, and establishes to the satisfaction of a visa officer, that they have made an investment in Canada.

· Define Entrepreneur to mean an immigrant who:

a. has business experience;
b. has a net worth of at least $300,000;
c. indicates to the Minister, in writing, and establishes to the satisfaction of a visa officer, that they intend to and have the ability to control and provide active and ongoing participation in the management of a qualifying Canadian business for a minimum of one year, where at least one incremental full time job equivalent is created for one or more Canadian Citizens or permanent residents, other than the entrepreneur and his dependants within three years of landing in Canada; and
d. has entered into an irrevocable letter of credit with a Canadian financial institution obligating the institution to make an investment on the entrepreneur’s behalf in the event that the entrepreneur does not meet the requirement in “c” above.

· Use common elements in the investor and entrepreneur definitions to assess business experience (entrepreneurs will need to demonstrate experience in ownership or management of a business);
· Drop the current requirement that net worth be created by the investor’s own endeavours;
· Allow for the inclusion of spousal assets when assessing net worth;
· Allow entrepreneurs to invest in the Immigrant Investor Program after two years of landing if they are unable to satisfy the terms and conditions of admission.

Self-employed persons

The Canadian Government plans to:

· Redefine “self-employed” to include only immigrants who can make an artistic or cultural contribution, farmers and world-class athletes.
· Assess self-employed persons under the economic class regulations.

Employment rose by an estimated 56,000 in September. This is the second monthly increase, following weakness in the labour market in the early summer. With September’s employment gain and a drop of 37,000 in unemployment, the unemployment rate declined 0.3 percentage points to 6.8%.

Employment among adult women was little changed in September from August, but was up 132,000 (+2.3%) compared with September 1999. All the gain consisted of full-time jobs.

Employment among adult men was also little changed in September from August. Since September 1999, employment among adult men has risen 138,000 (+2.0%), almost all of it full-time. The number of unemployed adult men decreased by 23,000 in September from August, pushing the unemployment rate down to 5.5%.

For more information. please visit: (Statistics Canada)