"Changes to application requirements under the Federal Skilled Worker and Canadian Experience Classes", focus on business immigration - September 2010

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• Canada
• September 28 2010
• 

Introduction   
The Minister of Citizenship and Immigration has the authority to issue instructions regarding the processing of immigration applications. Pursuant to Ministerial Instructions issued on June 26, 2010 (the “MI”), the Minister introduced the following changes:

1. an annual limit to the number of applications to be processed in the Federal Skilled Worker (“FSW”) class;
2. removal of the FSW category for temporary foreign workers and international students living in Canada for one year;
3. a revised list of NOC code occupations eligible for FSW priority processing; and
4. mandatory testing for language proficiency for FSW and Canadian Experience Class (“CEC”) applicants.  

The MI affects all applications received by the Centralized Intake Office (“CIO”) in Sydney, Nova Scotia on or after June 26, 2010. All applications received by the CIO prior to that date will be processed according to the Minister’s instructions issued on November 28, 2010. (Citizenship and Immigration Canada, Operational Bulletin 218 – June 28, 2010 [“OB”], online at Operational Bulletin 218).
Category Cut
The MI eliminates the FSW class of applications for temporary foreign workers and international students living in Canada for one year. As such, skilled workers are limited to applying under the FSW class categories for applicants with arranged employment offers (“AEO”), and applicants with experience in the last ten years under one or more of the list of eligible NOC code occupations (“NOC List”). Applications received by the CIO on or after of June 26, 2010 must meet the criteria of either of these two categories to be placed into processing (OB).
Cap on Processing
Exclusive of AEO applications, a maximum of 20,000 FSW applications will be considered for processing each year. Within that 20,000, an annual maximum of 1,000 applications per NOC Code will be considered for processing. Applications will be considered in order, by the date of receipt, with applications received on the same day being considered in accordance with routine office procedures. The first year of cap calculations runs from June 26, 2010 to June 30, 2011. Subsequent years will be calculated from July 1 to June 30 unless otherwise indicated in future MIs (OB).
Revised NOC List
The MI reduced the number of occupations eligible for the FSW program from 38 to 29. The occupations removed from the list include managers in finance, health care and construction, computer and information systems, university professors and vocational instructors. Occupations added to the list include: psychologists; social workers; dental hygienists; pharmacists; dentists; architects; biologists; insurance adjusters; claims examiners; primary industry production managers (except agriculture); and professions in business, services and management. Applicants must have one year of continuous full‐time or equivalent paid work experience in at least one of the listed NOC codes, and not combine partial year experience in multiple NOCs on the List (Canada Gazette Part 1, June 26, 2010, n. 3 at 1670 [“Gazette”]).
The complete list is as follows (Gazette at 1670‐ 1671):

• 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  

Applications on Humanitarian and Compassionate Grounds
FSW applications accompanied by a request for processing on humanitarian and compassionate grounds must be identified for processing under the MI in order to be processed (i.e. the application must meet the AEO or NOC List category requirements to be eligible for processing) (Gazette at 1671).
Language Proficiency
As of June 26, 2010, all FSW and CEC applications must be accompanied by the results of the principal applicant’s English or French Language Proficiency Assessment in order to be considered for processing. Only test results from a designated third party language testing agency will be accepted (Gazette, n. 2 at 1670). Currently, there is a two‐month waiting list for examinations in Alberta, so applicants are advised to book well in advance of submitting their application.
Summary of Application Requirements
Applicants must submit the completed application forms, together with all supporting documents (i.e. those listed on both the CIO and visa office specific document checklists). The CIO will review the application for completeness. If the application is incomplete, the entire package will be returned to the applicant.
To be eligible for processing, FSW applications received by the CIO on or after June 26, 2010 must:

1. meet the criteria of either the AEO or NOC List categories;
2. be accompanied by the results of the principal applicant’s language proficiency assessment; and
3. not exceed the identified caps.

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Third country nationals applying for non-immigrant visas at US consulates in Canada must be aware of changes in appointment procedures

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• Canada, USA
• September 29 2010
• 

Thousands of non-immigrant visa applicants who are in the United States choose to apply for their non-immigrant visa at US consulates in Canada or Mexico rather than traveling back to their home countries. This is commonly referred to as Third Country processing. Third Country Nationals (TCNs) seeking non-immigrant visa appointments with a US consulate in Canada need to be aware of recent changes in the process. These procedural changes went into effect September 1, 2010. Previously, appointments were made by using the fee-based Visa Appointment Reservation System (NVARS) and visa application fees were paid at Scotiabank before attending the visa interview. The new appointment system requires applicants to use CSC Visa Information Services to apply for a US visa at a US consulate in Canada.   
As of September 1, 2010, under the new system, persons must first pay the visa application fee (MRV) online in order to be able to make a visa appointment. Because fees must be paid in advance online before being able to check the availability of appointments, this may pose scheduling problems for prospective visa applicants.
Applicants who paid the MRV fee before September 1, 2010, but did not set an appointment have a grace period to use that MRV fee to schedule an appointment through October 1, 2010. After October 1, it will be necessary to pay the fee again in order to make the appointment.
TCNs must be mindful that appointments are not automatic. Two issues which must be dealt with by a TCN seeking to apply for a visa in Canada are 1) getting a visa to enter Canada from the Canadian government. The CSC Visa Information Services website has some helpful entry permit information for TCNs considering applying for a visa in Canada and 2) getting a US consulate to exercise its discretion to process the visa application.
Consular officials have been advised that they can refuse to issue a visa and refer the applicant to his/her home country for processing in cases where the post believes the case fits into a profile indicating fraud or where the applicant has been out of status. Depending on the length of time and the circumstances causing the unlawful presence in the United States, a TCN may need legal assistance to present the case properly and overcome a discretionary refusal on the part of the consular official. Additionally, persons who entered the United States only under the Visa Waiver Pilot Program may also be subject to difficulties in processing at a third country post since their biographical data has previously never been formally submitted to a US consulate abroad.

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British Wanted in Canada

Image via WikipediaOne of Canada's Largest Regions Wants to Attract British Immigrants

Northwestern Ontario, one of Canada's largest yet most sparsely populated regions, wants to attract British immigrants. The 32 diverse communities that make up this relatively unknown region along Lake Superior, have come together to launch a new immigration recruitment strategy that promises British newcomers the best of all worlds.

Northwestern Ontario's communities are actively inviting the British to find a new home, job or business opportunity in the region. With only one out of its 32 communities having a population greater than 10,000, the focus of this new strategy is to promote community renewal through population growth, knowledge and investment attraction, and other economic development opportunities.

In particular, new graduates and skilled workers are wanted because there are currently more positions to be filled in certain sectors than there are qualified candidates. The regional labour market has a very urgent need for professionals in the health care, science and technology sectors. Furthermore, an aging population has resulted in a surplus of businesses for sale.

Northwestern Ontario is located in the centre of Canada and while the region may not be easily recognizable by name, its assets are recognized worldwide. They include the nature of Lake Superior; the world's largest freshwater lake, and the City of Thunder Bay; recently voted the most affordable urban centre to live in the world. A small but steadily growing population of British newcomers has started to discover Northwestern Ontario as an immigration destination in Canada.

Stephanie Suarez immigrated to Thunder Bay at age 26. Disillusioned by the escalating cost of living and poor quality of life in England, Stephanie opened her own business in Northwestern Ontario. Within 3 years, she had won several business awards including Influential Young Woman of the Year, Young Entrepreneur of the Year, and one of Canada's Top10 One's to Watch by Canadian Marketing Magazine.

Says Stephanie; "I would have to be a multi-millionaire in London, England to live the type of lifestyle I enjoy in Northwestern Ontario. I am the envy of my British friends who face long commutes and work days just to pay for a shared apartment, let alone start a family or their own business. I am certain that the opportunities in Northwestern Ontario are unmatched anywhere else in the world."

Fifty-something's, Stephen and Rita Ash, recently sold their 3-bedroom semi in West Yorkshire to retire to Northwestern Ontario. "We are enjoying a retirement lifestyle here that would never have been within our reach in England. We can golf, sail, travel and eat in the best restaurants on a pension that would have only covered basic living costs back home. Add the low crime rate, cleanliness and friendly people, and it reminds us of what England used to be like years ago," says Stephen Ash.

Northwestern Ontario's communities have launched a new website portal http://www.immigrationnorthwesternontario.ca to help prospective newcomers learn more about living, working, learning and doing business in the region. In addition, a marketing campaign is running across major cities in Britain over the next few months. The initiative has been funded by the Ontario and federal governments through the Canada-Ontario Immigration Agreement.

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Saskatchewan economy growing despite job vacancies

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Minister of Advanced Education, Employment and Immigration Rob Norris says saskjobs.ca important tool for employers

Reported By Hailey Greke
Posted October 1, 2010 - 3:53pm

Saskatchewan’s economy continues to grow despite thousands of job vacancies, says Minister of Advanced Education, Employment and Immigration Rob Norris.
The population in the province continues to increase, but employers still have jobs they need to fill. Norris sees saskjobs.ca as an important tool to help those employers.
“What we’ve seen recently is that saskjobs(.ca) is being used very effectively, not just within the province of Saskatchewan, but outside the province both within Canada and around the world,” said Norris.
He says the interest in Saskatchewan jobs comes from places like the Philippines, United States and India, as well as from places in Canada like Ontario and Alberta.
Attracting interest in those places will be necessary as the saskjobs.ca website currently has about 7,000 jobs listed that have yet to be filled.

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Manitoba Immigrants flow in , But cap imposed by feds could limit future numbers

Image via WikipediaManitoba experienced its highest inflow of international immigrants in nearly 40 years this spring, but the province’s immigration minister said a new cap imposed by the federal government could prevent that number from growing too much higher in the future.
New population figures released by Statistics Canada Wednesday show Manitoba had a net international migration of nearly 4,400 people between April 1 and July 1.
That’s the highest quarterly number since 1971 for the stat, which measures the difference between international migrants arriving in Manitoba and Manitobans leaving for other countries.
Immigration Minister Jennifer Howard said Ottawa recently imposed a cap of 5,000 spaces for Manitoba’s nominee program for 2010 and 5,000 more in 2011, in order to balance the influx of economic immigrants with other streams like refugees and family reunifications.
“If we’re not allowed to grow beyond that, we will see a stalling of the program,” Howard said. “We could nominate 5,600 this year.”
Howard said the province estimates 2.5 people will come to Manitoba with each one of those spots, as each space represents an immigrant and his or her immediate family.
Howard said the top source country by far for immigrants to Manitoba is the Philippines, followed by Germany, China and India.
“Most newcomers say that it’s so friendly here, that we welcome newcomers. This is also the best place to raise a family,” said Rod Cantiveros, president of the Philippine-Canadian Centre of Manitoba, which offers a settlement program for new immigrants to help them with things like employment and education resources.
Cantiveros said Manitoba is well-known in the Philippines as a place with a vibrant Filipino community and making it an immigration destination.
Inkster MLA Kevin Lamoureux, whose office helps process about 300 Filipino immigration cases per month, said he’s recently seen an influx of cases of people getting rejected because the government is now demanding potential immigrants have at least $8,000 cash in their own names instead of in a trust account set up by a relative.
“It’s a very hot issue in the Filipino community,” he said.
Howard said there has been no such policy change. She acknowledged the federal government has become “more and more explicit that people need to have control over their own money” and there’s been a gradual tightening of existing rules, but said Manitoba has not changed its financial criteria for nominating potential immigrants.
paul.turenne@sunmedia.ca
Source: Sun Media

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Canada seeks British immigrants

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Northwestern Ontario, one of Canada’s largest but least populated regions, has launched an initiative to recruit British immigrants. 

The 32 states which comprise the area, only one of which has a population of more than 10,000 people, have joined together to attract graduates and skilled workers.

A website which gives advice about living and working in the region has been set up, and a marketing campaign is planned to run across major cities in Britain over the next few months.

 

The region, which is located to the north of Lake Superior, has an urgent need for professionals, particularly in the health care, science and technology sectors, as well as graduates and entrepreneurs.
Rebecca Johnson, vice-president of the Northwestern Ontario Associated Chambers of Commerce and a councillor for the region's most populous city, Thunder Bay, said: “Though Northwestern Ontario once had a large migrant population, most British people who move to Canada now go to the more populated centres like Toronto and Quebec. Our population is ageing, and there are many businesses in the area which need new owners.”
Stephanie Ash, a British expatriate who is on the initiative’s organising committee, added: “What we hope we can offer to British immigrants is a combination of good work opportunities combined with good quality of life. And in return, we hope they’ll help us renew our region.”
The initiative has been funded by the Ontario and federal governments.

 

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Foreign employee working at canadian affiliate entitled to large severance

   By Fasken Martineau DuMoulin LLP The transfer of employees from foreign-based companies to Canadian-based affiliates is an increasingly common feature of the Canadian labour market. Many employers are familiar with the often complicated process of obtaining the necessary work permits for such employees at the beginning of the transfer. However, ending the relationship between the transferred employee and the Canadian-based employer can present its own challenges. Some of these challenges are illustrated by the British Columbia Supreme Court's recent decision in Nishina v. Azuma Foods (Canada) Co., Ltd.  

Foreign Employee Fired
Ms. Nishina was a 43-year old Japanese citizen who began employment with Azuma Foods International in California in June 2001. In August 2005, she was transferred to the B.C.-based affiliate.
The original work permit prepared by the employer was extended, and was to expire in August 2008. In September 2007, the employer offered to assist Ms. Nishina with an application for a permanent resident card so that she could continue working beyond August 2008.
One month later, in October 2007, the employer terminated Ms. Nishina's employment, alleging cause. Ms. Nishina sued for wrongful dismissal. The court determined that the employer's allegations of cause for termination were unfounded, and turned to the issue of damages.
Immigration Status Supporting Lengthy Notice Period
Despite her short six years of service, only two of which were in Canada, the court awarded Ms. Nishina 12 months pay in lieu of notice. The fact that Ms. Nishina had a work permit which allowed her to work in Canada, but only for Azuma, justified this lengthy notice period, in the court's view.
The court equated Ms. Nishina's situation to that where an employee is dismissed in a "one employer town": "Though qualified and experienced, [the employee] faces a dearth of alternate employment prospects".
The fact that the work permit was not due to expire until August 2008, and that the employer had offered to assist Ms. Nishina with applying for a permanent resident card one month prior to the her termination, may also have impacted the length of the notice period.
Employer Acted in Bad Faith, But No Provable Damages for Mental Distress
Ms. Nishina also claimed bad faith/mental distress damages. The court concluded that the employer breached its obligation to act in good faith in the manner of dismissal: it ought to have known that the manner of dismissal was not only unduly insensitive, but also that Ms. Nishina's lack of immigration status would cause her great difficulties.
While this finding could support a claim for damages for mental distress, Ms. Nishina failed to prove that she had suffered quantifiable mental distress, or that it was caused by the manner of dismissal rather than the dismissal itself. As a result, this part of her claim was denied.
$20,000 in Punitive Damages Awarded
After finding that the Plaintiff was not entitled to damages for mental distress, the court went on add a further $20,000 in punitive damages on the basis that the employer had breached the "implied obligation of good faith and fair dealing in the manner of dismissal."
The punitive damage award bears a striking resemblance to the old practice of awarding a "notice extension" for bad faith conduct, an approach that the Supreme Court of Canada expressly abolished in 2008. It remains to be seen whether this approach to awarding punitive damages will be followed in the future.
Take Home Message for Employers Employing Foreign Workers
Although a B.C. decision, this case could be followed across the rest of the country. If so, employees who are in Canada on employer-sponsored work permits may be seen as particularly vulnerable in the eyes of a Canadian court. If the employee only has clearance to work in Canada based upon the position with the employer, a court may extend the common law notice period.
Employers seeking to employ foreign workers or transfer existing employees to Canadian affiliates may wish to takes steps to ensure that termination issues are addressed in writing prior to employment or the transfer.
Souce: Lexology

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Immigration lawyers... what are they good for?

Image by Shooting Genre - phoebe via Flickr Immigration by Guidy Mamann

METRO CANADA

Published: September 27, 2010 1:00 p.m.

Last modified: September 27, 2010 8:47 a.m.

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When I checked my inbox this morning I found a very important email from an organization of immigration professionals which I belong to.
In fact, this email is so crucial to my ability to practice immigration law that I forwarded it to all of my staff, saved it in our firm’s electronic address book, and printed it for inclusion in the binder that sits on my desk right by my telephone.
Yet, the truth is that this email makes me feel like I am a silent partner in a bit of a deception being perpetrated on the public by CIC. Let me explain.
Citizenship and Immigration Canada clearly takes great public pride in the amount of information and resources it provides to the public through its website and call centre. CIC boasts that “All the forms and information that you need to apply for a visa are available for free on this website.”
Therefore, it's no wonder that in the website's FAQ, the answer to the question: “Do I need an immigration representative to help me apply?” is a "no."
The public is told that “The Government of Canada treats everyone equally, whether they use a representative or not.”
Will your case be processed more quickly if you hire a representative? CIC advises that “If you choose to hire a representative, your application will not be given special attention by the immigration officer.”
Is this really true? Is all the information you need really out there? Do you need a lawyer? Would it make any difference if you have one? Put another way: are people who are using lawyers and consultants to handle their immigration applications just throwing away their money?
I hate answering these questions since doing other people’s immigration work is how I make my living. People would be justified in being sceptical about my answers to these questions.
But the truth is “all the information you need” is not really out there and, yes, in many cases a lawyer or..

consultant’s involvement can spell the difference between success, delay, or abject failure.The information at cic.gc.ca is general in nature and cannot possibly contemplate the infinite factual scenarios that applicants might present when applying. Furthermore, the agents at the call centre cannot and do not provide callers with legal advice. It is simply not in their mandate to do so. Instead, they give “general information on the CIC lines of business ... provide case specific information, and accept orders for CIC publications and application kits.”
In other words, they can’t tell you what you ‘should’ do when confronted with obstacles or strategic decisions to make.
Also, if you encounter a problem that needs to be escalated, which is not uncommon, you will find precious little information on the CIC website as to where to direct your complaint or question.
Not so with immigration professionals.
The email I received this morning is an update of CIC’s protocol on how immigration professionals should direct their queries. The correspondence contains the email address for every Canadian visa post overseas and the names and email addresses of the immigration program managers at each of those offices. It tells us how, and to whom, to direct case-specific enquiries to the Case Management Branch in Ottawa and when and how to follow up if we do not receive a timely reply. It provides instructions on how to direct communications relating to quality of service complaints, situations involving possible misconduct or malfeasance of immigration officers, procedures, operational and selection policy, and processing times and levels.
To my knowledge, this information is not shared with members of the public. CIC’s failure to publicise this information does not reflect preferential treatment for those who are represented. Instead, it is simply an acknowledgement that immigration professionals do, and have always, played a vital role in making an overburdened and under-resourced program function at all (if not function well).
Sharing this information with the public would result in an avalanche of correspondence being directed at senior officials who are spread out so thinly that they could never get any other work done.
It is true that, except in exceptional and deserving cases, hiring a lawyer or consultant can’t get an application moved from the back of the line to the front of the line. Also, an officer will not approve an applicant who is not qualified just because he or she is represented. However, it is also true that an honest and experienced representative won’t clog up the system by submitting an application that simply won’t fly.
Furthermore, professionals who specialize in this area know the process and know how to avoid errors that cause delays. They know how to sift through mounds of convoluted facts and properly and convincingly document and present the salient ones in order to establish the basis for the approval of the application quickly and efficiently.
CIC doesn’t like to acknowledge the positive role lawyers and consultants play in making its bureaucracy work for the public. It is loath to see us as partners in delivering the immigration plan it is given annually by Canada’s immigration minister of the day.
That’s ok ... this morning’s email is all the acknowledgement I need.
Guidy Mamann practices law in Toronto at Mamann, Sandaluk and is certified by the Law Society of Upper Canada as an immigration specialist. For more information, visit www.migrationlaw.com or email metro@migrationlaw.com

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Help save a Life of a Child

Nexus Canada joins the international efforts of saving the life of a baby: Eva

 

Any contribution will be welcome for this good cause.

 

Please, find the video of baby Eva, that needs help for medical consultation and surgery.

Although the video is in Russian, I wanted to introduce you to Eva and her momVeronica,

 

Please check this link to read about a little baby Eva, who is very sick and needs our mutual help www.healthybabyeva.org 

 

Donation accounts are open in the USA, Canada, Belgium and Belarus

 

Please, find the donations reports on this page https://sites.google.com/site/healthybabyeva/track-donations

 

I want to thank everyone who kindly contributed in Eva's chance to survive!

 

Your financial help and your IDEAS how to improve our way to raise money for this cause are very much appreciated!!!!

 We'll be grateful if you help us spread the call for help among your contacts and social networks.

 

"You're happiest while you're making the greatest contribution" (Robert F. Kennedy) but What can be a greater contribution than helping a child have a chance to live? https://sites.google.com/site/healthybabyeva/

 

BMO Announces Sponsorship of ACCES Employment's Speed Mentoring(R) Initiative

Image via Wikipedia BMO Financial Group and ACCES Employment have announced that BMO has become sponsor of the Speed Mentoring(R) program, a program designed to assist immigrants to Canada in entering the workforce in their areas of expertise.
Speed Mentoring(R) involves a group of employees - mentors - from a leading company meeting with new Canadian job seekers. Such meetings offer immigrants an opportunity for getting inspired, making connections, being coached and motivated. An innovative solution to the barrier that newcomers experience given their lack of a professional network, Speed Mentoring(R) has provided over 1600 newcomers in Toronto with the opportunity to meet and connect to professionals in their fields since 2006. With the help of this sponsorship, the program will be able expand to cities nationwide, including Montreal, Vancouver, Calgary and Halifax.
"BMO's support of ACCES Employment's Speed Mentoring(R) initiatives is helping talented new Canadians make professional connections and find employment in their field of expertise," said Allison Pond, Executive Director, ACCES Employment.
"As Canada's first bank, BMO has a long and proud history serving the financial needs of new Canadians," said Frank Techar, President and Chief Executive Officer, Personal and Commercial Banking Canada. "We first came to know ACCES through the United Way Toronto's Days of Caring. Our team volunteered with in the Speed Mentoring program. Each of us met one-on-one for ten minutes with each jobseeker. The Speed Mentoring program is a win-win, providing each job seeker with great networking and employers with a rich source of incredibly talented people."
About BMO Financial Group
Established in 1817, BMO Financial Group is highly diversified. BMO works with millions of personal, commercial, corporate and institutional customers through its operating groups: Personal and Commercial Banking Canada, Personal and Commercial Banking U.S., Private Client Group and BMO Capital Markets. BMO employees are dedicated to making BMO the bank that defines great customer experience.
About ACCES Employment
ACCES Employment is a leader in connecting employers with qualified candidates from diverse backgrounds. More than 15,000 job seekers are served annually at five locations across the Greater Toronto Area. As a not-for-profit charitable corporation, ACCES receives funding from all levels of government, corporate sponsors, various supporters and the United Way Toronto.

ACCES Employment:
Shawn Mintz
(416) 921-1800 begin_of_the_skype_highlighting              (416) 921-1800      end_of_the_skype_highlighting
smintz@accesemployment.ca
www.accestrain.com

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