Archives for June 2010

On June 26, 2010, Canadian Immigration Minister Jason Kenney announced that the Government of Canada has amended its current immigration procedures to put even greater emphasis on economic recovery and further reduce the Federal Skilled Worker application backlog. The changes, effective immediately, concern the Federal Skilled Worker program, including:

1) a change in the occupations that are currently ‘open’ under this program,

2) the creation of a limit on the number of applications which will be considered by Canadian Immigration Visa Offices, and

3) a change in the documentation required for an application under this program.

These changes do not affect any applications received at the Central Intake Office before June 26, 2010.

Under these updated instructions, an application is eligible for processing if the applicant:

• has at least one year of continuous, full-time (or equivalent) paid work experience in the past decade in a qualifying occupation, which have been identified as the most in-demand occupations in Canada at this time; or
• qualifies for Arranged Employment with a full-time permanent job offer from a Canadian employer.

Applicants who formerly qualified because they had been living in Canada with legal status as a Temporary Foreign Worker or an international student will no longer be eligible under the Federal Skilled Worker program, but may still meet the eligibility criteria of the Canadian Experience Class program.

The former list of 38 qualifying occupations has been amended to include 11 new occupations with 20 previously listed occupations having been removed.

Effective immediately, the following occupations have been added to the list:

0811 Primary Production Managers (Except Agriculture)
1122 Professional Occupations in Business Services to Management
1233 Insurance Adjusters and Claims Examiners
2121 Biologists and Related Scientists
2151 Architects
3113 Dentists
3131 Pharmacists
3222 Dental Hygienists & Dental Therapists
4151 Psychologists
4152 Social Workers
7216 Contractors and Supervisors, Mechanic Trades

The following occupations remain on the list:

0631 Restaurant and Food Service Managers
3111 Specialists in clinical medicine
3112 General practitioners and family physicians
3142 Physiotherapists
3152 General duty registered nurses
3215 Radiological technologists
3233 Licensed practical nurses
6241 Chefs
6242 Cooks
7215 Contractors and Supervisors, Carpentry Trades
7241 Electricians (Except Industrial & Power System)
7242 Industrial Electricians
7251 Plumbers
7265 Welders & Related Machine Operators
7312 Heavy-Duty Equipment Mechanics
7371 Crane Operators
7372 Drillers & Blasters – Surface Mining, Quarrying & Construction
8222 Supervisors, Oil and Gas Drilling and Service

For those skilled workers applying under the occupation list, the government will limit the number of applications considered for processing to 20,000 total per year. Within the 20,000 limit, a maximum of 1,000 applications per occupation will be considered. This limit does not apply to applicants with a job offer.

Candidates for the Federal Skilled Worker program and for the Canadian Experience Class Program will now be required to submit the results of a language proficiency assessment exam, along with a complete set of supporting documents (such as copies of passports, evidence of educational history, documentation of marital status, proof of settlement funds, police clearances, etc.) with their application forms. As such, the language proficiency results and additional documentation must be gathered to create an initial application.

The authority for the changes, known as ministerial instructions, comes from amendments to the Immigration and Refugee Protection Act approved by Parliament in 2008 as part of the Action Plan for Faster Immigration.

The instructions are meant as a flexible tool to allow the government to keep the intake of applications for economic immigration in line with the number and types of jobs available in Canada, as well as reduce application backlogs and processing times.

Since the first instructions were issued in November 2008, the backlog of federal skilled worker applicants in process prior to the legislation has dropped from 640,000 to 380,000. The majority of decisions on new applications are being made in six to 12 months, compared with up to six years prior to the changes. But in the first quarter of 2010, the number of new applications rose significantly beyond the department’s ability to process them in a timely way, leading to the recognition that a more refined approach is necessary.

“These changes bring Canada in line with the practices of the United Kingdom, Australia and New Zealand, our main competitors for skilled immigrants,” said Immigration Minister Kenney. “They help match the supply of applicants to our processing capacity and today’s post-recession job market needs. This is the only responsible way to manage our immigration system.”

“This completely changes the nature of an application for a Federal Skilled Worker permanent resident visa,” commented Canadian immigration Attorney David Cohen. “Under these new rules, there are between 680 and 1000 visas to be issued for each occupation on the list and those spots will fill up very quickly. As the expression goes, ‘the early birds are going to get those worms’,” said Cohen.

Attorney Cohen went on to explain that these new rules favour the fastest and most organized applicants. “The reality of these new rules is that an applicant has only one try to get his or her application accepted. If an application has even a tiny error, it risks being returned without processing, and by the time that error is corrected, the odds of the occupation category being closed are that much greater.”

The new rules and the closure of some of the Federal Skilled Worker occupations should not discourage potential immigrations from considering Canada as a destination. Attorney Cohen encourages potential immigrants: “Remember that there are 60 immigration programs across Canada from which to choose. If the Federal Skilled Worker program is no longer an option, I’ll advise my clients to explore other alternatives.”

One such alternative is the Quebec Skilled Worker program, which uses completely different criteria for selecting applicants. The Quebec selection model relies on the concept of “human capital”, and tries to select candidates based on the likelihood of successful economic and social integration.

On June 26, 2010, Canadian Immigration Minister Jason Kenney announced that the Government of Canada temporarily closed applications for the immigrant investor program. Effective June 26, 2010, the Government of Canada announced that it will cease accepting new investor applications. This said, any application postmarked or received before June 26, 2010 will be considered.

The Government has stated that it wishes to prevent a flood of applications from being submitted in advance of newly proposed eligibility criteria for the immigrant investor program. Proposed regulatory changes will require new investors to have a personal net worth of $1.6M, up from $800,000, and make an investment of $800,000, up from $400,000.

Canada’s current criteria for investors are the lowest in the world, and have not been changed since 1999. As a result the program draws a larger number of applicants than can be admitted every year under the immigration plan, and processing times are increasing. These proposed changes are designed to keep Canada’s investor program waiting times short.

“Canada needs investor immigrants,” said Minister Kenney. “These changes are necessary to keep Canada’s program competitive with that of other countries, and keep pace with the changing economy.”

The Quebec Investor program is still open. For more information, please visit http://www.canadavisa.com/quebec-business-immigration.html.

Those wishing to immigrate to Canada will soon be better protected against fraud and exploitation by “crooked consultants”. On June 8, 2010, Minister of Immigration Jason Kenney proposed a new law, the “Cracking Down on Crooked Consultants Act”, that will make it a criminal offense for unauthorized individuals to charge money to provide immigration advice and services. This new law will reinforce the integrity and fairness of Canada’s immigration system. 

“Crooked immigration consultants victimize people who dream of immigrating to Canada,” said Minister of Immigration, Jason Kenney. There had been stories of unscrupulous immigration consultants who took advantage of prospective immigrants. These underground, unauthorized consultants, referred to as “ghost consultants”,  sell fraudulent advice, produce counterfeit documents, or encourage their clients to lie on the application forms. It had been reported also that “ghost consultants” were taking advantage of the system by taking payment from applicants without completing or submitting any paperwork. 

The “Cracking Down on Crooked Consultants Act” will both better protect prospective immigrants from “ghost consultants” and help protect our immigration system from fraud and abuse.Under this proposed new law, only lawyers, Quebec notaries, and authorized consultants will be able to charge fees to assist prospective immigrants with their applications to immigrate to Canada. The name of anyone who takes payment for assistance before or during the immigration application process must appear on the application form.  Unauthorized individuals who provide immigration services for a fee will face criminal charges and be subject to a $50,000 fine or 2 years in jail, or both. The applicant’s visa will be refused or taken away if any false information is supplied. 

The law will also permit the Minister to designate a body to govern immigration consultants and establish measures to better oversee and regulate this organization.  

Unpaid third parties, such as family members, friends and not-for-profit community groups, who provide immigration services, would not be affected by the new law.

The following is a summary of developments in Canadian Citizenship and Immigration that took place or were announced over the last few weeks.

Canada leads the world in economic recovery and foreign investment conditions

Canada’s strong economy, sound fiscal position, and favourable foreign investment conditions make Canada the leader among G-8 nations. Canada’s financial situation and fiscal policies are the envy of countries facing crippling deficits. The 2010 G-8 and G-20 summits being held in Toronto are expected to focus on how to prevent another global financial crisis. Canada’s financial system can serve as a model for reforms in other nations. Canada is positioned to be the number one investment destination because it has reduced taxes and opened doors to foreign trade and investment.

Canadian immigration visa processing times have been cut in half since 2005

The average overall processing time for Canadian immigration applications decreased from 50 months to 26 months between 2005 and 2009. Legislation was introduced in 2008 to fast-track applications for skilled-workers and this is largely responsible for the decrease in average processing time. For example, applications by chefs, registered nurses, dentists, restaurant managers and 25 other qualifying occupations in the Federal Skilled Worker Category have an approximate processing time now of seven months.

Canada recognized by China as a world-class destination for potential investors

Canada is being recognized in China this week for being a world-class destination for potential investors. Canadian Minister of International Trade, Peter Van Loan, said Canada is one of the best locations in the world for investing in science and technology partnerships. Of the G-7 countries, Canada has one of the most generous research and development tax credits, solid economic growth, the world’s soundest banking system, and a high quality of life. Canada has shown true leadership in weathering the global economic downturn. “Chinese investors are enthusiastic about Canada’s success story and see our country as a hub of opportunity and as a dynamic business partner,” said Minister Van Loan.

Saskatchewan guarantees labour standards will be enforced to better protect Temporary Foreign Workers

The governments of Canada and Saskatchewan have signed an agreement that will help protect temporary foreign workers from exploitation and abuse. The two governments will share information in an effort to guarantee provincial labour standards are enforced. This will strengthen the integrity of the Temporary Foreign Worker Program. According to Saskatchewan’s minister responsible for immigration, Rob Norris, this agreement is aligns with Saskatchewan’s goal to be a great place to work and live for newcomers and temporary foreign workers. “Our priority is to ensure that the rights and well-being of all Saskatchewan workers are upheld and protected, including newcomers and temporary foreign workers,” said Norris.