Archives for 2007

At Campbell Cohen, we are continually striving to simplify the process of immigration to Canada. The information, tools and resources that we provide on our various websites are geared to help our visitors at all stages of the immigration process – whether only just thinking of coming to Canada, in the process of immigration, or already here.

Cicnews.com is the latest element of our information network to be redesigned to better serve the needs of our readership. The search and browse functions have been enhanced and the general layout and functionality have been improved for a more enjoyable reader experience. We continue to bring you the most up-to-date Canadian immigration news of interest and hope that you will enjoy the new look and feel of cicnews.com.

Stay tuned in the New Year – a new exciting development from Campbell Cohen will soon be announced.

The most recent Statistics Canada report focuses on “immigration, citizenship, language, mobility and migration” in Canada, based on the 2006 census. It paints a picture of an increasingly diverse Canadian society and highlights the important contribution of immigrants to Canada’s growth and development.

Canada’s foreign-born population grew four times as fast as the Canadian born population over the past five years, now accounting for one out of every five Canadian residents. Since the last census in 2001, over 1.11 million immigrants have settled in Canada, an increase of 13.6 per cent. Not in 75 years has the foreign-born population been so high.

In 2006, nearly two thirds of these newcomers were from Asia and the Middle East, marking the first year that the foreign-born population from Asia and the Middle East exceeded that from Europe. European-born immigrants, who made up the bulk of immigrants 35 years ago, accounted for only 16 per cent in 2006.

The change in major source countries has had a significant impact on the makeup of first languages (mother tongues) spoken in Canada. In 2006, Canadians spoke 200 languages and four out of five newcomers had a mother tongue that was neither English nor French. For the first time in Canadian history, allophones (people whose first language is neither of Canada’s official languages) made up 20 per cent of the Canadian population. After English and French, the Chinese languages were the most widely used, having grown by 19 per cent since the 2001 census. In fourth and fifth places were Italian and German. The number of Canadians who spoke Punjabi, the sixth most common mother tongue, grew by 34 per cent since 2001. Rounding out the top ten were Spanish, Arabic, Tagalog, and Portuguese.

These diverse languages and cultural backgrounds are most apparent in Canada’s three largest urban areas: Vancouver, Toronto, and Montreal. More than two thirds of newcomers head to one of these cities upon landing in Canada. In the Toronto area, nearly one of every two people is foreign-born. Nevertheless, a growing proportion of new immigrants are settling in smaller urban areas such as Calgary, Winnipeg, Ottawa-Gatineau, Edmonton, Hamilton, and London. These cities are working to become more attractive immigration destinations by investing in immigrant services and developing social networks and economic diversity – the main attractions of the larger cities.

Regardless of where new immigrants came from, separate Statistics Canada surveys have found that Canada was the only choice for 98 per cent of them. The largest proportion said they came to Canada for the quality of life and to improve the future for their family.

Recent Statistics Canada reports maintain that by 2030, Canada will be completely dependent on immigration for population growth.

Newfoundland and Labrador is focusing on immigration as a means to foster provincial growth. The Newfoundland and Labrador Provincial Nominee Program seeks to recruit immigrants with specialized occupational or entrepreneurial skills to contribute to provincial economic and social goals.

Earlier this year, the province of Newfoundland and Labrador launched its first immigration strategy to encourage Canadian immigrants to establish their new homes in this Atlantic province. Currently, Newfoundland and Labrador welcomes about 450 newcomers on an annual basis. Of these, only 36 per cent stay. The new strategy sets firm targets to triple the province’s immigration numbers and double the retention rate over the next five years. The provincial government has pledged $6 million over three years to establish an Office of Immigration and Multiculturalism and to support immigration services and initiatives in Newfoundland and Labrador.

“We need people if we are going to grow the province, attract investment and address rapidly emerging skill shortages in the economy,” stated Shawn Skinner, Minister of Human Resources, Labour and Employment. Of the 18 practical goals set out in the new strategy, strengthening the Newfoundland and Labrador Provincial Nominee Program (NLPNP) is a significant one.

To be nominated for Canadian Permanent Residency by Newfoundland and Labrador, applicants must satisfy minimum requirements for age, education, work experience, and language ability and must qualify under one of the following categories: Occupational/ Skilled Worker, Immigrant Entrepreneur, or Immigrant Partner. The province is looking for immigrants with knowledge, skills, and experience in its strategic sectors (knowledge-based industries, manufacturing, natural resources, agriculture and agrifoods, health care, tourism, creative/cultural industries, and fisheries). Applicants in all categories must complete a self-assessment form and then submit a pre-assessment form.

Occupational/Skilled Worker: Applicants must have a job offer within the strategic sectors from a Newfoundland and Labrador employer for a position that otherwise could not be filled by Canadian residents. They must have the necessary training and credentials for the position and may be required to visit the province prior to arrival. Applicants who are already in Newfoundland and Labrador on a temporary work permit must have been in the province for six months prior to submitting a PNP application.

Immigrant Entrepreneur: This category is intended for prospective immigrants who plan to establish a new business in Newfoundland and Labrador or purchase all or part of an existing one. A business plan must be submitted with the pre-assessment documents so that the PNP Officer can ensure that the business is eligible. Applicants will need to be self-employed in this business and have the required business experience. Along with making a minimum investment in the business, applicants must meet minimum net worth and liquidity requirements. They must make an exploratory visit to the province and sign a performance agreement.

Immigrant Partner Category: This category is designed for those who wish to partner with other prospective immigrants (up to three additional) to establish a new business in the province or purchase an existing one. Applicants must have business and entrepreneurial expertise and must play an active role in the everyday operations of the enterprise. All partners must qualify and their business plan must meet local requirements. They must make a good faith deposit and satisfy minimum requirements for net worth, liquidity, and amount invested in the business.

Citing several recent cases, the Canadian federal court has deemed that the United States is not a safe country for refugee claimants and that the Safe Third Country Agreement between the two countries violates Canada’s Charter of Rights and Freedoms.

Canada entered into the Safe Third Country Agreement (STCA) with the US in 2004, establishing that asylum-seekers would receive equivalent standards of refugee protection in both countries. The STCA denies refugees, who have first landed in the US, the right to later seek refugee protection in Canada. It allows the two countries to share the responsibility for refugee protection and has reduced the number of refugee claimants from the United States at the Canadian border.

The Canadian Council for Refugees is challenging the Safe Third Country Agreement on grounds that refugee claimants are not given the same treatment in the United States as they are in Canada. For example, Canada will not deport failed refugee claimants back to Haiti, among other countries where they may be tortured, but the United States will. Mr. Justice Mike Phelan, the federal court judge who heard the allegation, ruled that the United States “does not meet the Refugee Convention requirement nor the [UN] Convention Against Torture prohibition,” and that, in entering the STCA, Canada “acted unreasonably” in concluding that it did.

Additionally, STCA unfairly discriminates against method of arrival. It allows Canadian Border Service Agents to automatically send refugee claimants back to the US if they are arriving by land; however, those who arrive by air are not turned back.

Amnesty International, among other groups, called on the federal government to scrap the STCA after Judge Phelan ruled that it violates the Canadian Charter of Rights and Freedoms. “We have a judgment that in clear, stark, detailed ways highlights the multiplicity of human-rights violations and shortcomings in the refugee system that await asylum claimants who are turned away from the Canadian border and forced into the US,” stated Alex Neve, secretary-general of Amnesty International.

The agreement currently remains in effect, as the Federal Court has given both parties until January 14, 2008 to make and respond to submissions for an appeal. If the Agreement ceases to exist, Canada can reasonably expect to see a significant inflow of refugee claimants from the United States.

Citizenship and Immigration Canada recently tabled a new bill to modernize the country’s citizenship laws. New legislation will retroactively restore citizenship to the tens of thousands who lost, or never had Canadian citizenship because of several obscure clauses in existing legislation.

>> Read Full Article on Canadavisa.com . . .

In Canada, we enjoy first-class social services such as healthcare and education. To pay for these services, the government has a number of sources of revenue… from income taxes to goods and services taxes (VAT). While most government services are free to the user, some – including visa services – charge fees to cover administrative costs.

>> Read Full Blog on CanadaVisa.com . . .

In 2008, a new stream of Canadian immigration will be available to certain temporary foreign workers and international students with Canadian degrees and Canadian work experience. First announced in the 2007 budget, the Canadian Experience Class will help address the country’s labour force needs by better focusing on these candidates for Canadian Permanent Residency. Citizenship and Immigration Canada’s goal for 2008 is to admit between 10,000 and 12,000 under the new Canadian Experience category of immigration.

Canada’s current international student talent pool has the potential to add up to 30,000 skilled immigrants every year. The thousands of Temporary Foreign Workers currently in Canada are also first-rate immigration candidates, having already settled into Canadian society and the Canadian labour force. Under this new category of immigration, individuals in these two groups can apply for Permanent Residency from within Canada. Details are expected early in the new year.

In 2008, the Canadian Experience Class will add to other initiatives aimed at easing Canada’s labour force shortages. The Provincial Nominee Programs, in which Canadian immigration applicants are nominated for priority processing by the province in which they plan to live, have been expanded for next year. Additionally, Foreign Credential Referral Office (FCRO) services have been increased and the Temporary Foreign Worker Program has been enhanced.

Tabled earlier this month, the 2007 Annual Report to Parliament on Immigration tells the story of Canadian immigration in 2006, provides a mid-year update about Citizenship and Immigration Canada (CIC) activity in 2007, and describes plans and targets for 2008.

2006 was a busy year, with 251,649 new Permanent Residents and 1.2 million Temporary Residents being welcomed to Canada. Of the new Permanent Residents, more than half were admitted under the Economic Class as skilled workers, professionals, and business people, providing some relief to Canada’s current labour shortage. Nearly a third of newcomers were sponsored by family members in Canada, and most of the remainder was admitted under Canada’s refugee system. The top source countries for Canadian immigrants in 2006 were China and India, followed by Philippines, Pakistan, and the United States. Several improvements were made to the Temporary Foreign Worker Program, under which 112,658 Work Permits were issued throughout 2006.

The big story so far for 2007 is the federal-provincial/territorial collaboration on immigration. First-ever immigration agreements were signed by the federal government with Alberta in May and with Nova Scotia in September. Both cooperation agreements were designed to increase settlement supports for newcomers, increase the number of immigrants that can be nominated through Provincial Nominee Programs, and to facilitate the entry of Temporary Foreign Workers. At the end of 2006, CIC renewed its provincial collaboration agreement with Newfoundland and Labrador and signed a Memorandum of Understanding with Ontario and Toronto to help improve immigrant outcomes. The Canadian government also confirmed $1.3 billion over five years in settlement funding to help immigrants succeed. As of this June, immigration numbers were on track for 2007.

For next year, CIC is gearing up to welcome between 240,000 and 265,000 newcomers. Canada’s 2008 immigration plans balance the country’s labour market needs with family reunification and the humanitarian principles of refugee protection. In response to growing demand, the national target for Provincial Nomination in 2008 is between 20,000 and 22,000. This is up considerably from 2006 targets, which were 9,000 to 11,000.

Provincial Nominee Programs (PNP) are now a key element to Canadian immigration – and with good reason. Upon arrival, most nominees already have a Canadian job. They are therefore poised to make a speedy entry into the Canadian workforce and thus are likely to transition into Canadian society smoothly. In addition, PNP’s allow provinces to hand select the immigrants that can fill regional skill shortages, allowing them to exert more control over provincial economic growth.

Provincial Nomination for Canadian Permanent Residency has seen tremendous growth over the past few years with 13,300 newcomers arriving in Canada under these programs in 2006 – up threefold from 2003. By allowing provincial governments some control over selecting their new immigrants, the integration process is smoother for both newcomers and provincial business and society.

First introduced in the province of Manitoba in 1998, the program is a fast-track option for Canadian Permanent Residency, following a two-step process. Applicants must first pass provincial background and qualification screening before the province will nominate them for Permanent Residency to Citizenship and Immigration Canada (CIC). The second step involves federal medical and security clearances through CIC. Each provincial program has its own qualifying criteria and its own process; most revolve around a permanent job offer or plans to invest in the province. Manitoba is the clear leader among Provincial Nomination Programs, admitting 6,661 nominees in 2006 – nearly half of the national total. The Philippines was the top source country for Provincial Nominees last year with 887, followed by China, Korea, Germany, and the United Kingdom.

The New Brunswick Provincial Nominee Program is featured this month with a fairly straightforward qualifying process. To be considered for Provincial Nomination by New Brunswick, applicants must either have a guaranteed job offer from a New Brunswick employer or an approved plan to operate a business in the province. Applicants can qualify as either Job Offer Applicants or Business Plan Applicants.

Job Offer Applicants – As the name implies, applicants must have a guaranteed job offer from a New Brunswick employer. Additionally, they must satisfy minimum requirements for age, language, education, work experience, and adaptability and must have the intention to live and work in the province.

Business Plan Applicants – In addition to meeting requirements for age, language, education, work experience, and adaptability, Business Plan Applicants must submit a preliminary Business Immigration Evaluation form. Upon an exploratory visit to New Brunswick, applicants, must research the business environment and consult with economic development agencies before meeting with a New Brunswick Program Officer. Following a positive interview, applicants will submit a Business Plan outlining the details of their new business in New Brunswick.