How Canada's Bill C-35 affect education agents.

This post has been updated to reflect additional information provided by Citizenship and Immigration Canada in August 2012 with respect to the impact of the introduction of Bill C-35 on education agents based outside of Canada. Please see our related post from 8 August 2012 for additional background and detail.

In 2011, the Government of Canada passed new legislation—Bill C-35—that makes it illegal for anyone other than an accredited immigration representative to provide advice or otherwise represent a client during an application or proceeding with Citizenship and Immigration Canada (CIC). This post aims to help affected agents understand how Bill C-35 impacts their business; it’s based on a presentation from Citizenship and Immigration Canada officials at the ICEF North America Workshop in Montreal in April, which we recently received permission to share.

Which agents does Bill C-35 affect?

Bill C-35 applies both to agents based in Canada as well as those based outside the country.

What is meant by “accredited immigration representatives”?

Those who are either members in good standing of the Immigration Consultants of Canada Regulatory Council or lawyers authorised to practise in Canada.

What are the penalties for not abiding by Bill C-35?

Penalties for convictions under the act include fines of up to CDN$100,000 and/or imprisonment of up to two years. Any prosecutions arising from the legislation would necessarily occur in Canada.

What can education agents do under Bill C-35?

• Direct someone to the CIC website to find information on immigration programmes
• Direct someone to the CIC website to find immigration application forms
• Direct someone to an authorised immigration representative
• Provide translation services
• Provide courier services
• Provide medical services (e.g., medical exams)
• Make travel arrangements
• Advise an international student on how to select their courses or register

What are education agents not permitted to do under Bill C-35?

• Explain and/or provide advice on someone’s immigration options
• Provide guidance to a client on how to select the best immigration stream
• Complete/submit immigration forms on a client’s behalf
• Communicate with CIC and the Canada Border Services Agency on a client’s behalf (except for direct translation)
• Represent a client in an immigration application or proceeding
• Advertise that they can provide immigration advice

This summary is also available to download as a PDF file. Special thanks to CIC for allowing us to share the presentation.

Source: Citizenship and Immigration Canada


http://monitor.icef.com/2012/06/how-canadas-bill-c-35-affects-education-agents/

New Economic Immigration System: Express Entry

• Starting January 2015: Express Entry

The New Two-Step Application Process

Text version: The New Two-Step Application Process

How Express Entry Will Work

Text version: How Express Entry Will Work

Moving from the old system…

• Recruitment of global talent at employer time and expense
• Difficult to navigate the immigration system due to multiple players
• First applicant in, first to be processed
• Average of 12-14 months to process an application

… to Express Entry

• Government of Canada, provinces and territories (P/Ts) and Employers will have a direct role in economic immigration
• New and improved Job Bank will connect Canadian employers with a comprehensive pool of candidates if they can't find Canadians or permanent residents to do the job
• Express Entry candidates with a valid job offer or P/T nomination will quickly be invited to apply for permanent residence
• CIC will be able to select candidates that are most likely to succeed in Canada, rather than the first in line
• Express Entry candidates will benefit from processing times of six months or less Footnote2

Step 1: Express Entry profile

• Potential candidates will submit an online Express Entry profile.
• They will be assessed according to a skills based ranking system that looks at:
  • Language proficiency
  • Education
  • Canadian work experience
  • Other factors that lead to success in Canada

  
• At this stage, skills will be self-declared based on appropriate test results.
• Candidates who meet the criteria of one of the federal economic immigration programs subject to Express Entry will be placed in the Express Entry pool.
  
• Candidates will need to promote themselves:
  • Registration with Job Bank will be required
  • They will be encouraged to signal their presence in the Express Entry pool to recruiters, on private sector job boards  etc.

Step 2: Invitation to Apply (ITA)

Text version: Invitation to Apply (ITA)

When an employer offers a job to a candidate:

• They will quickly be offered an ITA for permanent residence (PR);
• Express Entry candidates will benefit from processing times of six months or lessFootnote2.
• Candidates with an ITA will have 60 days to apply for permanent residence through one of four existing economic immigration programs:
  • Federal Skilled Worker Program (FSWP)
  • Federal Skilled Trades Program (FSTP)
  • Canadian Experience Class (CEC)
  • Provincial Nominee Program (PNP)Footnote3
• Applicants will need to meet the criteria set out in the immigration program which applies to them

Provinces and Territories = Key Partners

1. Provincial and territorial (P/T) nominations will continue and grow under the new system.
2. P/Ts will be able to nominate candidates who meet their unique regional labour market needs.
3. When an Express Entry candidate is identified through a PNP, they can be handpicked and quickly invited to apply for permanent residence.
4. CIC will process applications in six months or less.Footnote2

Summary

• The changes to economic immigration will benefit employers by:
  • Making it easier to find the candidates they need to fill available positions
  • Linking LMIA and Job Bank will simplify employer's LMIA advertising requirements
  • Allowing for greater flexibility
  • Eliminating backlogs and introducing 6-month processing timesFootnote2

Next Steps:

• The modernized Job Bank will be launched in late 2014 for Canadian citizens and permanent residents.
• The Express Entry system will be launched in January 2015.
  • At that time, the modernized Job Bank will be accessible to Express Entry candidates.
• CIC will continue to engage employers after launch to get feedback on the system and work on continuous improvements.

Related articles

• Canada's 'Immigration Express'
• Canada Express Entry program - An Exciting Opportunity for Skilled Immigrants
• Canada's new immigration system: a pro-active recruitment of highly-skilled workers
• Skilled immigrants to be offered 'express entry' to Canada in 2015