Changes in the Federal Skilled Worker Program Published.

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Henry Chang | June 25, 2010On June 26, 2010, Citizenship and Immigration Canada (“CIC”) published revised Ministerial Instructions (the “Instructions”), which affect the Federal Skilled Worker (“FSW”) Program.
Annual Cap Imposed on Certain FSW Cases
According to the Instructions, a maximum of 20,000 FSW applications filed without an offer of arranged employment will be considered for processing each year. Within the 20,000 cap, a maximum of 1,000 FSW applications per National Occupational Classification (“NOC”) code will be considered for processing each year.
In calculating the caps, the applications will be considered in order of the date that they are received. In addition, for the unique purpose of calculating the caps, the first year will begin in June 26, 2010, and end on June 30, 2011. Subsequent years will be calculated from July 1 to June 30, unless otherwise modified in a future Ministerial Instruction.
Language Proficiency Assessment Required
According to the Instructions, all FSW applications received by the Central Intake Office in Sydney, NS, on or after June 26, 2010 must be accompanied by the results of the principal applicant’s English or French language proficiency assessment. Only test results from a third party language testing agency designated by the Minister of Citizenship, Immigration and Multiculturalism will be accepted.
Revised Restrictions on Who May Apply under the FSW Program
On or after June 26, 2010, only the following applications will be accepted under the FSW:
  1. Applications submitted with an Arranged Employment Offer (“AEO”) consistent with the requirements of Subsection 82(2) of the Immigration and Refugee Protection Regulations (“IRPR”); or
  2. Applications from skilled workers with evidence of experience in the last 10 years under one or more of the following NOC codes:
    • 0631 Restaurant and Food Service Managers
    • 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
    • 3111 Specialist Physicians
    • 3112 General Practitioners and Family Physicians
    • 3113 Dentists
    • 3131 Pharmacists
    • 3142 Physiotherapists
    • 3152 Registered Nurses
    • 3215 Medical Radiation Technologists
    • 3222 Dental Hygienists & Dental Therapists
    • 3233 Licensed Practical Nurses
    • 4151 Psychologists
    • 4152 Social Workers
    • 6241 Chefs
    • 6242 Cooks
    • 7215 Contractors and Supervisors, Carpentry Trades
    • 7216 Contractors and Supervisors, Mechanic 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
No H&C Requests to Overcome Requirement of Ministerial Instructions
Requests made on the basis of Humanitarian and Compassionate grounds that accompany a FSW application not identified for processing under the Instructions will not be processed.
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Working temporarily in Canada: Special categories—Information technology workers

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IMPORTANT
The simplified entry process for information technology (IT) specialists will come to an end on September 30, 2010.
Effective October 1, 2010, employers who wish to hire foreign workers previously eligible for IT facilitated processing will be required to apply for a Labour Market Opinion.
Note: for employers wanting to hire foreign workers for positions in Quebec, the facilitated process will remain in place for a limited time after September 30, 2010.


To fill critical shortages in Canada’s software industry, Canada has a simplified entry process for workers whose skills are in high demand in that industry.
Under this process, no confirmation letter from Human Resources and Social Development Canada (HRSDC) is necessary for specific jobs when hiring a foreign worker, since it will not have a negative impact on Canadian or permanent-resident job seekers and workers.
This means that if you are coming to Canada to work in one of the jobs listed below, you do not need a letter from HRSDC, and your work permit application may be processed more quickly.

Note: It is up to your employer to make sure the job you are being offered falls under one of these descriptions.
  1. Senior Animation Effects Editor (NOC 9990.1)
  2. Embedded Systems Software Designer (NOC 9990.2)
  3. MIS Software Designer (NOC 9990.3)
  4. Multimedia Software Developer (NOC 9990.4)
  5. Software Developer—Services (NOC 9990.5)
  6. Software Products Developer (NOC 9990.6)
  7. Telecommunications Software Designer (NOC 9990.7)
 Temporary foreign workers wishing to take a position in Quebec must obtain a certificat d’acceptation du Québec (CAQ) in order to participate in this facilitated processing. Information for employers is available on the website of the Ministère de l’immigration et des Communautés culturelles (MICC).


Effective October 1, 2010, employers who wish to hire Temporary Foreign Workers previously eligible for IT facilitated processing will be required to apply for a labour market opinion and demonstrate that:
  • the wage rate meets (or exceeds) the prevailing wage rate for the occupation and region;
  • the working conditions are consistent with Canadian standards;
  • efforts to hire Canadians or permanent residents have been made and the TFWP advertising guidelines have been followed;
  • the employment of the foreign worker will directly create new job opportunities or help retain jobs for Canadians;
  • the foreign worker will transfer new skills and knowledge to Canadians;
  • the hiring of the foreign worker will not affect a labour dispute or the employment of any Canadian worker involved in such a dispute.
Please note that employers are required to conduct advertising and recruitment efforts as per TFWP guidelines before submitting a labour market opinion application and should plan sufficient time to conduct these activities.  Upon receipt of a complete labour market opinion application, the processing time, on average, takes two to three weeks.
Effective October 1, 2010, work permit applications received by Citizenship and Immigration Canada or by the Canada Border Services Agency at a port of entry, will require a copy of the labour market opinion for the seven specific IT occupations that were previously under the facilitated process.

 Source:  http://www.cic.gc.ca/english/work/special-tech.asp
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Canada legislates against rogue immigration consultants

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People seeking help to emigrate to Canada are set to be better protected after the Canadian government announced new legislation to deal with fraudulent immigration consultants. 

By Lucy Hyslop

Britons are among thousands exploited by the so-called crooked consultants, who are paid “extortionate amounts of money” by potential immigrants duped into believing they can guarantee them visas, for example, reduce the wait time for applications or claim to have connections in the Canadian immigration department who will expedite the process.
The national police force, the RCMP, and the Canada Border Services Agency are reportedly dealing with hundreds of current investigations into allegations against unscrupulous consultants across Canada. Around a quarter of a million people worldwide emigrate there yearly, while the number of immigrants settling from the UK has doubled in the past decade from approximately 4,500 in 1999 to 9,500 last year.
A member of the Canadian Society of Immigration Consultants (CSIC), Skerrett has heard from clients who have been given misleading or fraudulent advice from other companies, or told they are eligible for an immigration route when, in fact, they are not. “It leaves their dreams of moving abroad shattered,” she added. “Ghost agents give the industry a bad name and are a thorn in the side of bona-fide consultants trying to offer a quality service. It affects our professional image and the ability to do our work.”
The Canadian government’s Cracking Down on Crooked Consultants Act aims to close a loophole in the current legislation, which does not regulate any consultants’ involvement in the pre-application period. If passed, it would require all paid-for advice or representation be provided by an authorised immigration consultant, lawyer or notary only. It would also give the government power over the body governing immigration consultants “in order to ensure the integrity of the process”.
Jason Kenney, Canada’s minister of citizenship, immigration and multiculturalism, said at an earlier conference that, while most immigration consultants working in Canada were professional and ethical, “the unfortunate reality is that many consultants are acting dishonestly or even illegally to profit from people’s dream of coming here.” He cited one case of an exorbitant fee of $90,000 (around £60,000) paid to a crooked consultant by an immigrating family. “These prospective immigrants often find out too late that they’ve been deceived,” Kenney added
While the legislation of course covers Canada only, the minister will be also encouraging foreign governments to tackle the problem of crooked consultants dealing with immigrants to Canada. Jason Kenney is in London next week to talk about these and other immigration issues with Home Secretary Theresa May and Immigration Minister Damian Green as part of the Five Country Conference, comprising the UK, Canada, the US, Australia and New Zealand.
With the act increasing the risk of penalties, fines and possible imprisonment, Skerrett hoped that “the fear would be a major deterrent for these ghost agents”. She added, “Brits and immigrants will be better protected through proper representation, and provided with an assurance of quality and competence.”
If anyone is defrauded by an immigration consultant in the UK, they are advised to file a complaint with the local police and inform the Canadian Embassy, said Kelli Fraser, media relations adviser for Citizenship and Immigration Canada.
She pointed out that immigration fraud happens, of course, around the world not just in Canada, but added that it threatens the integrity of Canada’s immigration system. “It also raises security concerns, wastes tax dollars, adds to the processing time for legitimate applications, and it is unfair to those who do follow the rules,” she said.

 

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Most would move to Canada, if they could: poll

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OTTAWA — A majority of people from around the world would move to Canada if presented with the opportunity, according to a survey out Tuesday.
The online survey of over 18,000 people in 24 countries, conducted by Ipsos Reid, showed that 53 percent of people -- including 77 percent of respondents from China and 68 percent from India -- would like to live in Canada, if they could.
Almost one-third (30 percent) of Americans would choose Canada too, according to the poll results.
Eight in ten respondents (79 percent) said they think Canadians enjoy one of the best qualities of life anywhere in the world.
Seventy-two percent believed that Canada is welcoming to immigrants, including 86 percent in China and 84 percent in India.
Seventy-nine percent described Canada as being "tolerant of people from different racial and cultural backgrounds."
"Canadians have long considered ourselves a multicultural success story," said Andrew Cohen, President of the Historica-Dominion Institute, which commissioned the poll in partnership with the Munk School of Global Affairs.
"The world seems to agree."
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Online Consultants Can Help You Relocate To Canada

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Posted on May 18, 2010, 9:15 am, by Adriana Noton, under SEO & Google Marketing.
There are many residents in Canada who know somebody who is in the planning stage of immigrating to Canada. Or, it could be a relative or friend who wants to enroll at one of the country’s excellent universities or schools. Either way, you should recommend the use of one Canada’s immigration consultants.
There are so many reasons why people seek citizenship in Canada. Apart from its awesome beauty and vast natural resources, the United Nations declared Canada to be the ‘best country to live in’ for 7 consecutive years. It is the 2nd largest country in the world and is America’s biggest trading partner. A Canadian passport allows citizens entry to over 20 countries without having to apply for a visa.
It is a multicultural, diverse country offering fantastic options for business growth and job opportunities. A comprehensive public health scheme is offered to every citizen. In addition, it has good judicial and welfare systems. With many fine schools, public and private, Canada is known to be one of the best educated nations in the world. People of varying cultures and backgrounds live in complete harmony, and Canada is free of discrimination.
The government has taken steps to encourage immigration. This is to guarantee that long-term plans for economic development come to fruition. It is hoped that at the end of 2010, some 250,000 new citizens will settle in Canada. With this injection of skilled labor, the country can grow and quickly recover from the economic downslide.
To encourage immigrants, the government has allowed each province to determine the number of extra skilled workers needed. Quebec has made great strides in this regard and has implemented an effective Skilled Worker program. This is to facilitate an easy immigration transition for new residents.
Essentially, this means that Quebec has formed its own unique immigration policy. It has laid down a set of criteria that do not necessarily conform to existing national immigration policies. This means that if you have applied for a work visa, but it has been declined, you are free to apply to Quebec.
To receive immigration approval, a person has to be skilled so that they can easily be integrated into Canada’s job market. To further increase chances of success, applicants should have a basic knowledge of French, and able to converse fluently in English. Those who have qualifications in a highly skilled field will receive priority.
It will help to have family members who are Canadian citizens or those who have ‘permanent resident’ status. If the applicant is married, his or her spouse may have ties with Canadian residents. In this case, these details should also be furnished. Most importantly, the applicant should be in possession of a written employment offer by a registered business in Canada.
Seeking out immigration consultants is easy online. It would be best to find one who is well versed with all the immigration criteria in Canada and its provinces. By hiring such a person, you could save expenses and lengthy waiting periods. Your consultant will be able to ensure that the application goes through smoothly. If every requirement has been properly addressed, you should have a good chance of success.
Looking to receive a home inspection, increase your safety training to your employees, or perform SEO services for your company? Then contact your local consultant to perform essential services to sustain your business!
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Skilled immigrant-worker need to skyrocket by 2020, study says

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Canada: Challenges and Oportunities for Immigrants.

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Most new immigrants are pleased to be living here and have positive views of Canada's social and political environment. However, after four years in the country, their biggest difficulties are still finding an adequate job, and dealing with the language barrier, according to two new reports from the third wave of the Longitudinal Survey of Immigrants to Canada (LSIC).
The first report, "Immigrants' perspectives on their first four years in Canada", examines immigrants' assessments of life in Canada and the difficulties they face here.
Four years after arriving in Canada, the majority of new immigrants (84%) were positive about their decision to come here.
When asked about the single-most important reason for settling permanently in Canada, the most prevalent responses were the quality of life here (32%), the desire to be close to family and friends (20%), the future prospects for their family in Canada (18%) and the peaceful nature of the country (9%).
The report found that two-thirds of new immigrants said that life in Canada has lived up to their expectations.
These new immigrants were also asked what had been their biggest difficulties since arrival. The difficulty mentioned by the most immigrants was finding an adequate job (46%), followed by learning English or French (26%).
The second report, Knowledge of Official Languages among New Immigrants: How Important is it in the Labour Market? examines these two difficulties in detail. It analyzes the relationship between new immigrants' knowledge of the two official languages and their chances of finding an "appropriate" job.
It shows that the employment rate of immigrants increased with their ability to speak English.
Moreover, the ability to speak English is linked with the kind of job that new immigrants find, as those who reported speaking English well or very well were more likely to have an "appropriate" job than those who reported speaking it less well. However, the relationship between the self-reported ability to speak French and the chances of having an "appropriate" job was not as clear.

Two-thirds said Canada lived up to their expectations

The first report, "Immigrants' perspectives on their first four years in Canada", examines immigrants' subjective assessments and perceptions of life in Canada and the challenges they face here.

Note to readers

This release summarizes the findings of two reports based on data from the third and final wave of the Longitudinal Survey of Immigrants to Canada (LSIC). This survey was designed to study how newly arrived immigrants adjust over time to living in Canada.
During the first LSIC interview, some 12,000 immigrants aged 15 and over were interviewed between April 2001 and May 2002, about six months after their arrival. During the second LSIC interview, about 9,300 of the same immigrants were interviewed again in 2003, about two years after their arrival. In 2005, about 7,700 of the same immigrants were interviewed a third time, around four years after their arrival.

Immigrants come to Canada with expectations, whether realistic or not, about what life will be like. LSIC respondents were asked whether life in Canada is better than they had expected, about what they had expected, or worse than they had expected.
About two-thirds of new immigrants reported a fairly positive congruence between their expectations and their experiences, while about one-third reported a low or declining degree of congruence between their expectations and experiences. Immigrants in different admission categories differed in this regard. While 15% of economic immigrants reported that their expectations of life in Canada had consistently been exceeded, this was the case for about one-third of family class immigrants and refugees.
Four years after arriving in Canada, the majority of new immigrants (84%) were positive about their decision to come here. However, those who felt their expectations about life in Canada had not been met were less likely than others to feel this way.
When asked about the single-most important reason for settling permanently in Canada, the most prevalent responses were the quality of life here (32%), the desire to be close to family and friends (20%), the future prospects for their family in Canada (18%) and the peaceful nature of the country (9%). Less than 5% cited employment-related reasons.

Immigrants themselves underscore difficulties in the job market

During the past 15 years, numerous studies have documented the difficult labour market faced by new immigrants. The findings of these studies have been underscored by immigrants themselves in the LSIC data.
The study found that between 7 and 24 months after arrival 62% of all new immigrants aged 25 to 44 had looked for a job, and that during the period between 25 to 48 months after arrival 53% had done so. The majority of job seekers reported that they experienced a problem or difficulty when searching for employment.
Considering all difficulties cited when seeking employment, lack of Canadian work experience was mentioned most often (50%), followed by lack of contacts in the job market (37%), lack of recognition of foreign experience (37%), lack of recognition of foreign qualifications (35%) and language barriers (32%).
New immigrants often experienced multiple problems when looking for work. For example, almost two-third of job seekers who reported a language problem also reported that lack of work experience was a difficulty.

Greatest challenges encountered since arrival

Four years after their arrival in Canada, new immigrants were asked what had been the greatest difficulties they had encountered. Two difficulties came out more than any other: 46% said it was finding an adequate job while 26% said it was learning English or French.
Among all new immigrants admitted in the economic category, almost half (45%) said finding employment was the greatest difficulty they faced while 15% said it was learning English or French. Among refugees, 26% said finding employment was their greatest difficulty and 30% said it was learning English or French.
The report "Immigrants' perspectives on their first four years in Canada", published today in a special edition of Canadian Social Trends (11-008-XWE, free), is now available from the Publications module of our website. For more information about the report, or to enquire about the concepts, methods or data quality of this release, contact Grant Schellenberg (613-951-9580 begin_of_the_skype_highlighting              613-951-9580      end_of_the_skype_highlighting), Social and Aboriginal Statistics Division.

Language: Self-reported ability to speak English and French

The second report, Knowledge of Official Languages among New Immigrants: How Important is it in the Labour Market? examines in detail the two greatest difficulties encountered by new immigrants since their arrival — finding an adequate job and learning English or French. It looks at immigrants' self assessment of their ability to speak each official language and analyzes the relationship between new immigrants' knowledge of the two languages and their chances of finding an "appropriate" job.
In the survey, immigrants were asked to assess how well they could speak each official language at three points in time — six months, two years and four years after their arrival.
Six months after their arrival, 58% of immigrants reported that they were able to speak English well or very well, while the corresponding figure for French was 11%. Four years after arrival, 69% were able to speak English well or very well, and 14% could speak French so.
In Quebec, 55% of immigrants reported speaking French well or very well six months after their arrival. This proportion had climbed to 73% four years after their arrival. The corresponding proportions for English went from 40% to 54%.
For immigrants in Quebec, learning or improving the language of the minority, English, appeared to be just as important as learning or improving the language of the majority, French.
Overall, 45% of immigrants said they had taken language training in English since coming to Canada; 10% had done so in French. In Quebec specifically, 42% of immigrants had taken language training in French since their arrival, while 37% had done so in English. About 16% of Quebec immigrants had taken language training in both official languages.

Knowledge of English increases the chances of having an "appropriate" job

The percentage of immigrants employed grew substantially over time, according to LSIC data. The employment rate of immigrants aged 25 to 44, the prime working-age group, went from 51% six months after arrival to 65% two years after arrival. Four years after arrival, it had reached 75%.
The employment rate of immigrants in the survey's third wave thus approaches the national rate for Canadians in the same age group calculated for the equivalent period, specifically 81.8%.
Knowledge of the two official languages can be expected to be an asset in looking for a job. LSIC data showed that the employment rate of immigrants aged 25 to 44 increased with higher levels of self-reported proficiency in spoken English, for each of the survey's three waves.
Across the country in general, the chances for immigrants of having an "appropriate" job increased with their ability to speak English.
More specifically, immigrant's whose self-reported level of spoken English was good or very good were more likely to have a high-skill job, a job in the intended field, a job similar to the one held before immigrating and a job related to training or education. They also had higher wages, compared to immigrants whose spoken English level was not as good. This was true six months, two years and four years after immigrants' arrival in Canada.
However, the relationship between the self-reported ability to speak French and the chances of having an "appropriate" job was not as strong, nor as persistent.
In Quebec specifically, the impact of language was mainly on earnings. The hourly earnings of immigrants who spoke English very well were generally higher, regardless of the level of French, than those of immigrants who did not speak either official language well.
In Quebec, the level of French spoken by immigrants was not found to be related to their chances of having an "appropriate" job.
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Canada's brand advantage

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Kevin Lynch, BMO Financial Group, Financial Post · Tuesday, Jun. 15, 2010
Corporations and other organizations spend enormous energy on creating, managing and protecting their brands. Through their brands, companies can differentiate themselves in crowded, competitive marketplaces. Many universities, for example, invest considerably in brand recognition to attract students, philanthropy and faculty.
This raises a rather basic question: If brand reputation appears to add value for high-performing companies and institutions, why would they not be similarly valuable for countries. In short, does Canada need a brand?
A number of countries already spend considerable effort on branding efforts. Remember the "Cool Britannia" campaign. France brilliantly markets both high culture and high technology. Ireland as the "Celtic Tiger." Singapore as a sophisticated, business friendly entrepot in Asia. Australia as an Asia-savvy, can-do partner. Israel as a high-tech centre.
What all these countries, and many more, have in common is that they understand that the global marketplace has great opportunity, but it is competitive, fragmented, characterized by imperfect information, and has considerable consumer and investor uncertainty. They also understand that the scale and scope of global markets make it very difficult for all but a few individual firms or institutions to create global brands. Therefore, they understand that "country" or "national brands" can act as a public good, helping to market the goods and services of their businesses, to attract foreign investment, to interest immigrants, to entice tourism and to encourage educational placements.
The countries that project national brands globally do so in different ways, but all involve strong partnerships between government and business and often universities. All are strategic in the type of brands they want to develop. All view these "national brands" as strategic and long term, not tactical and short term. And all are aware of the importance of projecting a unified brand image in targeted markets.
A national brand should encapsulate the strengths, characteristics, and values that the country has and wants to project. The brand has to be sufficiently broad to capture the essence of a diverse country and sufficiently focussed to make a clear, uncluttered impression and instill brand awareness. The country brand should be a combination of characteristic brands (e. g. high tech, cultural icons, values, sports, etc.), endowment brands (natural resources, unique institutions, history, skilled people) and public policy brands (fiscal policies, tax policies, immigration policies, foreign policies, etc.).
With the upcoming G8 and G20 meetings being held in Canada later this month, the world's spotlight will be on Canada. Now is the time to develop a strong Canada brand, organized around the rubric of public policy, endowments and characteristics.
First, Canada has strong public-policy brand potential, and this has increased in relative value as the world emerges from the financial crisis and recession. Canada's financial sector has been rated the world's soundest by the World Economic Forum. Canada's fiscal position is by far the best among the G7 countries. Canada has established a substantial corporate tax advantage over the U.S. to attract and retain business investment. Immigration policies provide a growing labour force to counter demographic aging. And Canada has unique access to the North American marketplace through NAFTA. A strong public policy brand helps reduce investor uncertainty and influences corporate investment decisions.
Second, Canada has a unique endowment brand potential. Canada is among the top countries for many natural resources, and is the largest provider of secure energy supplies to the U.S. market. We have a well-educated, multicultural workforce, and Canadian cities are consistently top-rated globally as places to live and work. Canada has a strong education system, good universities and excellent research capacity.
Third, Canada also has brand potential based on our values, our multiculturalism in a globalizing world, and our approach to relationships, networks and flexibility. To a large extent, these characteristics are a large measure of today's foreign impressions of Canada.
Taking these three elements together, the Canada brand should project our good governance in a world where trust and security have been shaken, our natural resources in a world clamouring for them, our skilled and multicultural workforce in a world scrambling for talent, and our values which make us a good and reliable partner in an uncertain world.
It is true that we can build an attractive and welcoming business environment, but we then have to market it globally in selective regions to selective target groups of companies in selective sectors. It is the national/ provincial equivalent of a sophisticated corporate "road show," and needs to be approached accordingly.
A clear and compelling "Canada brand" can be a key part of the investment promotion toolkit; indeed, a Canada brand can be the differentiator among similar investment possibilities. Given the global shifting of economic activity now underway, engaging in a concerted way on investment promotion would appear timely and potentially productive.
---------
-The Honourable Kevin G. Lynch is vice-chair of BMO Financial Group.

Read more: http://www.financialpost.com/executive/Canada+brand+advantage/3155189/story.html#ixzz0qyCNDdhS
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What Obama And The U.S. Need To Learn From Canada

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Guest Article by:
Shaun Rein, 06.14.10, 12:45 PM EDT
Source: Forbes.com 

To start with, it has a healthy financial system and affordable higher education.

Many Americans think mainly of Eskimos and hockey when they think of Canada. Some also think of Michael J. Fox and James Cameron. They should be thinking of a functioning financial system and the most robust economy in the developed world. Unlike the U.S. and Europe, Canada has emerged relatively unscathed from the financial crisis. Its unemployment rate has been improving for the past year and stands at 8.1%. Canada's minister of finance, Jim Flaherty, is already calling for an end to government stimulus, even though the government debt stands at less than 35% of gross domestic product, less than half the level in the U.S.
Why is Canada doing so well while America's doing so poorly? For one thing, its financial regulations have emphasized dullness rather than encouraged exotic financial instruments. The big five banks have never been allowed to merge, and they've only dabbled in investment banking and subprime mortgages. Also, the banks' chiefs have never received huge bonuses like Lloyd Blankfein at Goldman Sachs ( GS - news - people ). In other words, the banking system has been forced to be conservative--as a banking system should be.
Canada also has good immigration and education policies that have set it up for continued strength. There are lessons President Obama can learn from Canada as worries of a double-dip recession in the U.S. linger.
For the past week I've been in Montreal speaking at the International Economic Forum of the Americas. The other speakers have included former Federal Reserve Chairman Paul Volcker, Former British Prime Minister John Major, French Minister of Foreign Affairs Bernard Kouchner and several central bank heads from Europe. Perhaps the best speech, though, came from Jean Charest, the premier of the province of Quebec. Where most of the speakers focused on trade and economics, Charest said that Quebec needs to continue to attract the best people from around the world to come to work there. This is something that is going all wrong in the U.S., as America erects yet more obstacles to immigration in the name of preserving American jobs. Those anti-immigration policies are foolish and will hurt America in the long term.
Let me tell you a story to illustrate just how absurd America's immigration policy has become. I recently interviewed a young Harvard graduate who also was a Rhodes scholar at Oxford University. He was one of the most impressive young people I've ever met. He had an offer in hand from one of the big private equity firms in New York--but despite his credentials, he couldn't get a working visa. Yes, a Harvard graduate and Rhodes scholar with a job offer in hand was unable to get a visa from the U.S. government. As a result, I was sitting with him in Shanghai interviewing him to join my firm, as he desperately sought another job.
This young man is exactly the kind of person America, or for that matter any nation, needs. Why couldn't he get a working visa? Because immigration is an issue that has become so freighted with fear that people can't think about it rationally. This has been especially true recently, as scared people like the Tea Partiers have looked for scapegoats for America's economic mess--though in reality the pendulum has been swinging this way since Sept. 11, 2001. Immigrants are easy targets, but rarely are they the problem.

 


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Crackdown on crooked consultants needs sharp teeth

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Guest Article by:

METRO CANADA
June 14, 2010 11:05 a.m.

It was supposed to herald the end of the wild west days of immigration consulting.

In June 2002, the Immigration and Refugee Protection Act (IRPA) became law, and for the first time in Canadian history, allowed our federal cabinet to regulate immigration consultants.

At that time anybody, and I mean anybody, could describe themselves as an immigration consultant. And many did.

Many, if not most, had no formal training whatsoever. Some had criminal records. Some barely spoke English or French. Some were neither Canadian citizens nor permanent residents of Canada. Others didn’t even have legal status in this country.

Yet they were all legally allowed to print up a business card describing themselves as experienced immigration consultants, counsel, advisors, or whatever. They were permitted to hang up a shingle in a glass tower, over a convenience store, or at their place of residence.

They all had a hook. With little in the way of real credentials or experience to trade on, many endeared themselves to potential clients through their common cultural backgrounds, language, and familial ties. It seemed that some familiar sounding banter from back home was all that would-be immigrants needed to choose someone to represent them in what could be the most important move of their lives.
In April 2004, IRPA was amended so that those who, for a fee, advise and represent potential immigrants before Citizenship and Immigration Canada (CIC), the Immigration and Refugee Board (IRB), and the Canadian Border Services Agency (CBSA) had to be either a member of a provincial bar or licensed by the newly-formed Canadian Society of Immigration Consultants (CSIC).
CSIC evaluated consultant’s technical and language skills, screened their criminal backgrounds and licensed them when appropriate.
Now that consultants had to be licensed, immigration officials didn’t have to deal with any representatives who were not licensed by CSIC.

Unfortunately, that did not stem the tide of the shyster consultant industry. It just pushed it underground. Those who couldn’t get licensed or who weren’t willing to pay annual dues to CSIC simply bypassed it altogether.
These “ghost consultants” didn’t surrender their business cards, close up shop, or cease operations. In fact, as you read this, perhaps thousands of unlicensed immigration consulting offices continue to freely advertise and ply their trade. Interestingly, they can’t be prosecuted for doing so. While it is true that they must be licensed in order to correspond with immigration officials, it is not an offence to advise immigration clients or to prepare their applications without a license.
Since immigration officials wouldn’t deal with them directly, they simply prepared applications in their clients’ names only, without ever identifying themselves as the applicant’s representative or the person who prepared the application. Often they would give their own address as the applicant’s mailing address so they could maintain control over all important correspondence received from immigration officials.
These days may now be over.
On June 8, Immigration Minister Jason Kenney tabled the Cracking Down on Crooked Consultants Act which would finally make it an offence “To advise a person for consideration – or offer to do so – in connection with a proceeding or application” under IRPA. Proposed penalties are two years in jail and/or $50,000 in fines.
Will this work?
It will certainly give some of these ghost consultants some food for thought. However, the only way to shut them down permanently is to target these criminal enterprises where they feel it most -- in their bank accounts, here and overseas. Kenney should make sure that federal prosecutors have the legal authority to immediately freeze any bank accounts of these organizations, their officers, and employees as soon as charges are laid and make sure that this is done routinely rather than in limited circumstances.
Otherwise the business of swindling and messing up the lives of potential newcomers to Canada will continue to flourish.

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