Canada: New Employer Compliance Requirements Take Effect Soon

Image by Shaun Merritt via FlickrEmployers should be prepared for new restrictions on the Temporary Foreign Worker Program taking effect April 1, 2011. Employers will be required to demonstrate past compliance with program rules and commitments in order to participate in the program. Further, some foreign workers will be subject to a four-year limit on employment in Canada.
Citizenship and Immigration Canada (CIC) will introduce new restrictions for the Temporary Foreign Worker Program (TFWP) effective April 1, 2011. Employers will be required to demonstrate their past compliance with program rules and commitments, and risk suspension from the TFWP for past program violations. In addition, some foreign nationals will be subject to a four-year limit on the time they can work in Canada under the TFWP.
New Compliance Requirements for Employers

Effective April 1, 2011, employers seeking to hire foreign workers will have their compliance with TFWP requirements over the preceding two years assessed. CIC will examine whether a sponsoring employer has provided its TFWP workers with wages, working conditions and an occupation that were substantially the same as the terms and conditions of the job offer that supported the work permit application.
An employer who does not meet the terms and conditions of the job offer may be subject to a two-year probationary period during which it may not hire a foreign worker under the program, unless the employer can show its earlier noncompliance was justified. Acceptable justifications to excuse noncompliance can include:

• A change in federal or provincial laws;
• A change in the applicable collective bargaining agreements;
• A good faith error in interpretation by the employer concerning its obligations to the foreign worker, so long as the employer subsequently provided compensation or made sufficient attempts to do so to all foreign workers who were affected by the error;
• An unintentional accounting or administrative error made by the employer, so long as the employer subsequently provided compensation or made sufficient attempts to do so to all foreign workers who were affected by the error;
• If the employer implemented measures that did not disproportionately affect foreign workers in response to dramatic economic changes directly affecting the employer, or
• Similar or related circumstances.

Citizenship and Immigration Canada will also maintain a public list of noncompliant employers on its website.
Though these new regulations do not take effect until April 1, they will apply to employers retroactively. As such, employers should review all work permits obtained on or after April 1, 2009 to ensure that the wages, working conditions and occupation have remained substantially the same as disclosed in the employer’s original offers of employment. If necessary, remedial action must be taken by the employer to ensure compliance with the regulations.
Four-Year Employment Limit for Some Work Permit Holders

The new TFWP rules will limit some work permit holders to a cumulative maximum period of four years of work in Canada. Once the four-year cap is reached, these individuals will not be eligible to apply for another work permit for a period of four years. However, the new cap will not apply to certain workers who enter in a category that is exempt from the Labour Market Opinion (LMO) requirement. This includes foreign nationals holding work permits that are issued pursuant to an international trade treaty, such as NAFTA or the General Agreement on Trade in Services (GATS), or those holding positions that are exempt from LMO requirements because they create or maintain significant benefits for Canadians (such as intra-company transferees, among others).
Note that the four-year limit applies to employment authorization. It does not limit a foreign national’s stay in Canada to four years. In theory, those subject to the four-year work limit may be eligible to obtain another form of immigration status, such as student or dependent status, if they qualify. However, employers should still plan ahead and explore options for permanent residence for those foreign employees who may be subject to the four-year cap.

Source: Fragomen

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Emigrate to Ontario under the Provincial Nominee Program

Since February 2009, the Ontario Pilot Provincial Nominee Program (Pilot PNP) has been known as Opportunities Ontario: Provincial Nominee Program.

As with other Canadian PNPs, Opportunities Ontario is employer driven. You may only apply if your employer is pre-screened, the position is approved and your employer provides you with a nominee application package from Opportunities Ontario.

You will need to submit your application to the province first and then apply for a permanent resident visa through Citizenship and Immigration Canada (CIC) as a Provincial Nominee, once Ontario approves your application.
Applicants to the Opportunities Ontario program can apply under one of five categories:

• Foreign Workers (General Category)
• Investors
• Students with a Job Offer
• PhD Graduates
• Masters Graduates

Foreign Workers (General Category)

Skilled workers may be able to apply to Opportunities Ontario under the general category if:

• Their prospective employer has first applied for a pre-screening of a position
• The position has been approved
• Their prospective employer has sent an approval letter, a signed Joint Verification form and a Pre-screen Position form
• However, the three points above are not a guarantee of approval. To be eligible, you also need to:
• Have at least two years of work experience within the previous five years in the intended occupation, or have appropriate registration in Ontario (NB: Unpaid, unathorised or volunteer experience will not be accepted)
• Have an approved, permanent full-time job offer in a skilled occupation (NOC 0, A or B)
• Have been offered a wage that meets the prevailing wage level for the intended occupation
• Have legal status if you are already residing in Canada

Please note that after the issue of your employer pre-screen approved position form, you have 60 days to submit your application to Opportunities Ontario.

For more information on how to apply under the Foreign Worker (General Category) stream, please review the Application Guide for Nominees.

Investors (General Category)

The Investors stream allows companies making an investment in Ontario to recruit or relocate key employees to ensure the long-term success of their investment.

Recruited or relocated employees under the Investors category must meet the same eligibility requirements as those under the Foreign Workers (General Category).

Review the brochure of information for investors for additional information on how to apply.

Students with a Job Offer (International Student Category)

Ontario employers can extend permanent, full-time job offers to international students who have completed their post-secondary education at a publicly-funded Canadian institution. These students can then be eligible to apply for an Ontario Provincial Nomination Certificate.

In order to apply under the International Student Category, you must:

• Have completed at least half of your studies in Canada, and have graduated or will soon be graduating from an eligible publicly funded Canadian college or university (NB: You must send proof of graduation with their application)
• Have completed a minimum of a two-year diploma or degree program, while studying on a full-time basis. One-year post-graduate degree programs and certificate programs, which require a previous degree or diploma (which may have been obtained abroad), are also eligible
• Have a job offer in a managerial, professional or skilled trades occupation (NOC 0, A or B). The job offer does not have to be related to the field of study.
• Have a job offer that is permanent and full-time and meets the entry level wage for the occupation, rather than the prevailing wage required for applicants in the General Category
• Apply within two years of the date on which you received your degree or diploma, or in the alternative, during the last semester of completing your degree or diploma
• Have legal status, if you are already residing in Canada
• Have received your employer’s approval letter, signed Joint Verification and Pre-screen Position form

International student applicants do not need to have any previous work experience. You may apply for an approved position from within Canada or from overseas.

PhD Graduates (International Student Category)

Candidates under this part of the International Student Category must have obtained their PhDs from an Ontario publicly-funded university and do not need a job offer to be eligible for the Opportunities Ontario Program.

To apply under the PhD Graduates stream, you will not require a job offer.However, you will need to:

• Have graduated from an existing PhD program at an eligible publicly funded university in Ontario, or
• Have successfully completed all degree requirements for the program (i.e completion of course work and successfully defended your thesis and are awaiting the granting of your degree) and have completed at least two years of your PhD studies at an eligible publicly funded university in Ontario
• Apply within two years of the date on which your PhD degree was granted
• Have legal status, if you already are residing in Canada

Masters Graduates (International Student Category)

As with applicants under the PhD Graduates Stream, Masters Graduates do not require a job offer from an Ontarian employer.

However, to apply for the Opportunities Ontario PNP as a Masters Graduate, you must:

• Intend to live and work in Ontario
• Have graduated from an existing Masters program at an eligible publicly funded university in Ontario
• Have completed a minimum of one academic year degree program, while studying on a full-time basis
• Apply within two years of the date on which your Masters degree was granted, or in the alternative, during the last semester of completing your degree
• Currently be residing in Ontario
• Have legal status in Canada (i.e. study permit, work permit, temporary resident visa)
• Demonstrate high official language proficiency (For English language proficiency – IELTS – General test with a minimum score of seven or higher) (For French language proficiency – TEF – with a minimum score of five or higher)
• Demonstrate a minimum level of savings/income to support yourself and your dependants
• Demonstrate at least one year of residence in Ontario in the past two years

If you plan to apply under the International Student Category, via the PhD Graduates stream or Masters Graduates stream, you should review the Application Guide for International Graduates (PhD and Masters.

Source: Muchmore Magazine

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Employers say hiring foreign-trained workers has challenges

By Norma Greenaway, Postmedia News

OTTAWA — About half of Canadian employers say their appetite for hiring foreign-trained workers is reduced because of difficulties assessing their abilities, according to an internal survey commissioned by the federal government.
Employers' qualms about hiring workers trained abroad revolved around the challenges of evaluating their education credentials, their language skills and their work experience, the survey said.
It also said interest in hiring foreign workers was lowest among small business owners, who make up the bulk of Canada's employers, and highest among larger companies.
The survey, conducted by Ekos Research Associates in March for Citizenship and Immigration Canada, involved telephone interviews with 519 small, medium and large companies and 15 business organizations.
Speeding recognition of foreign credentials of newcomers has been a major preoccupation for the Conservatives and the in-depth survey suggests they are carefully tracking the mood of business around the subject.
Immigration Minister Jason Kenney acknowledged the uphill nature of getting employers to hire foreign-trained workers Tuesday at an event in Ottawa where he announced the expansion of a program that allows foreigners to work as interns to gain temporary work experience.
The program provided 29 internships within the immigration and human resources departments last year. The number will climb to more than 60 this year, Kenney said, because six more departments and agencies have signed on.
Kenney called the initiative a modest beginning that, he hopes, will send a message to all levels of government and the private sector "to find concrete ways to open doors of opportunity."
The single biggest hurdle immigrants face in getting a good job in their field of expertise is a lack of Canadian work experience, he told reporters.
New Democrat Olivia Chow welcomed expansion of the federal internship program, something the Commons immigration committee had recommended.
But Chow, the party's immigration critic, said it falls far short of what is needed to address the problem of too many highly-educated immigrants ending up jobless or underemployed.
"We need leadership here," she said, dismissing the hiring of 60 interns as "barely a step" forward.
She urged Kenney to adopt the committee's recommendations to provide financial incentives or tax breaks to encourage small and medium-sized businesses to hire workers trained abroad and to ensure more prospective immigrants start the process of getting their credentials as doctors, pharmacists and other specialties recognized before they come to Canada.
Chow said only 10 per cent of immigrants are currently taking advantage of the existing pre-assessment opportunity to start the process before they arrive here.
Liberal MP Justin Trudeau urged the government to devote more money to language programs for immigrants as part of a broader effort to stop the slide in their economic opportunities that has happened over the last decade or so. He said providing financial incentives to encourage small businesses to hire foreign-trained workers would "absolutely" be one of the best ways to assist immigrants, who, Trudeau says, are vital to Canada's future economic health.
"Unless we are serious about addressing the big issues around immigration," he said, "then we're going to be playing catch up when the rest of the world starts fighting over the best and the brightest, as they are going to, because everywhere in the western world birthrates are down."
The internal survey also made clear the government has a major job ahead to convince employers to pay attention to opportunities for hiring foreign-trained workers.
It said more than nine of 10 employers surveyed said they had never heard of the Foreign Credential Referral Office, a vehicle the Harper government created three years ago to help newcomers get their credentials recognized more quickly so they can try to match their skills to jobs.
This week, a fresh spotlight was cast on the struggle immigrants have in finding good jobs with the release of a report that said recent immigrants with a university education had an unemployment rate last year that was four times higher than non-immigrants with the same education level.
The report, prepared by the Community Foundations of Canada, says recent immigrants have been hardest hit by the recession.
The jobless rate for recent immigrants with university education is "disturbing," Kenney said, and illustrates why the government is pushing to speed recognition of foreign credentials and putting more resources into helping newcomers improve their language proficiency.

© Copyright (c) Postmedia News

Read more: http://www.montrealgazette.com/news/canada/Employers+hiring+foreign+trained+workers+challenges/3627962/story.html#ixzz11aD7q9me

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Canada further strengthens its Temporary Foreign Worker Program to better protect live-in caregivers

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This month, the Government of Canada announced it is implementing stricter regulations with the aim of further improving the working conditions for temporary workers and live-in caregivers in Canada. According to the federal government, consultations held over the past two years revealed that employers were exploiting some live-in caregivers because the system made them vulnerable.
“Temporary foreign workers come to Canada in a very vulnerable position because they are dependent upon their employer,” said Canadian Society of Immigration Consultants (CSIC) Chair Nigel Thomson. “These new rules will help ensure that employers play by the rules.”
To address this, the federal government is tightening the regulations affecting live-in caregivers and temporary foreign workers, as well as the people who hire them. “The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation,” explained Immigration Minister Jason Kenney.
New regulations came into effect in April 2010 that required employers to provide contracts that specify wages, benefits, accommodation, duties, hours of work, and holiday and sick leave entitlements.
Starting in April 2011, new rules will apply a more rigorous assessment to jobs for live-in caregivers and temporary foreign workers before the employers are given the authorization to hire. The assessment will address whether the employer has followed the rules in the past and has honoured their commitments to workers with respect to wages, working conditions and occupation. Failure to meet the commitments will result in a two-year prohibition on hiring foreign workers.
Other countries that host foreign temporary workers and live-in caregivers, including Hong Kong, Germany, Israel and other nations in Europe and the Middle East, do not allow these types of workers to become citizens. They are meant to stay in those host countries for years as temporary guest workers and any of their children born there are not considered as having rights to citizenship.
Under Canada’s innovative program, foreign live-in caregivers may become citizens of Canada. They are “fast-tracked” and can apply for permanent-resident status after completing 24 months of employment. Under the new Citizenship and Immigration Canada regulations, live-in-caregivers have four years, instead of three, to complete the required 24 months of full-time work. There will also be more flexibility with respect to the amount of time given to meet the requirements needed for permanent residence status. Any overtime worked may now be used to apply for permanent residency more quickly. Under the law, it will be possible for a person who works a lot of overtime to apply earlier, or the deadline may be extended if the person works less than full-time hours or needs time off due to illness, for example.
“We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable. After all, they are an essential element of Canada’s economic success,” said Immigration Minister Jason Kenney.
Canada’s Temporary Foreign Worker Program helps address temporary labour shortages by allowing employers to hire foreign workers when sufficient numbers of Canadian workers are not readily available. Without access to temporary foreign labour, many small businesses in Canada would not be able to function and would be forced into insolvency.
These new regulations are seen as important because it demonstrates Canada’s position that temporary foreign workers and live-in caregivers should be encouraged to apply for permanent resident status and that they may become citizens in a timely fashion and move on to other forms of employment if they choose.

Source:http://www.cicnews.com/2010/08/canada-strengthens-temporary-foreign-worker-program-protect-livein-caregivers-08796.html 

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

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From 2005 and 2009, the average overall processing time for Canadian immigration applications decreased to 26 months from 50 months. A recent analysis has found this improvement is linked to legislation introduced in 2008 which fast-tracked applications by skilled-workers such as registered nurses, crane operators, financial auditors, construction managers and 34 other qualifying occupations for the Federal Skilled Worker Category. The approximate processing time now for a skilled worker application is seven months, which represents a drastic reduction since previously the overall processing time could take up to five years.
The Canadian immigration system has been streamlined and improved. According to this recent analysis by immigration consultant Richard Kurland, there is evidence that skilled workers are getting high-quality service from Immigration Canada. A spokesman for Immigration Minister Jason Kenney said the findings in this analysis on wait times proves the Canadian government is heading in the right direction in implementing policies that make Canada more attractive to the world’s “best and brightest” people.
In 2009, Canada issued 14,917 visas to foreign workers who met the federal skilled worker criteria and their families. If an applicant does not meet the criteria for the Federal Skilled WorkerCategories, the application enters a different queue where processing times may be longer.

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Nannies, foreign workers face new rules

The federal government is tightening the regulations affecting live-in caregivers and temporary foreign workers, as well as the people who hire them.
The new rules will bring tighter scrutiny to families trying to hire a foreign nanny. Effective April 1, 2011, the government will apply a more rigorous assessment of jobs for foreign workers to ensure that offers are legitimate.
That assessment will consider whether employers have followed the rules in the past before they can hire a nanny or temporary foreign worker. A bad track record could lead to a denial of the necessary permits to hire foreign workers.
Employers who fail to meet their commitments to workers with respect to wages and working conditions will face a two-year prohibition on hiring foreign workers.

'The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation.'— Jason Kenney, immigration minister

There will also be a four-year limit on the amount of time a foreign worker can be employed in Canada. Once that limit is reached, the workers must return home and wait four years before they can work in Canada again.
That limit does not affect eligibility for permanent residence.
"The government is taking action to protect temporary foreign workers, including live-in caregivers, from potential abuse and exploitation," explained immigration minister Jason Kenney.
"We owe it to them, their employers and all Canadians to ensure that the program is fair and equitable."
Immigration minister Jason Kenney says the changes are intended to protect nannies from exploitation. (Adrian Wyld/Canadian Press)According to the federal government, consultations held over the past two years revealed that employers were exploiting some live-in caregivers because the system made them vulnerable.
That led to a first round of changes that took effect in April 2010 and mandated that employment contracts must spell out wages, benefits, accommodation, duties, hours of work and holiday and sick leave entitlements.
Those changes also added some flexibility to the amount of time given to live-in caregivers or nannies to meet the requirements needed for permanent residence status.
Under the law, caregivers can apply for permanent status after two years of regular full-time employment. With the changes, that time frame can be sped up if the person works a lot of overtime or can be extended if they work less than full-time hours or need time off because of illness or factors.

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Read more: http://www.cbc.ca/consumer/story/2010/08/19/con-nanny-regulations.html#ixzz0x6riCwKi

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