Immigration Canada

Key changes to Canada's immigration regulations regarding temporary foreign workers

Bomza Law Group - Immigration Lawyers
Canada
January 31 2011

On April 1, 2011, a number of significant changes to Canada's immigration laws and regulations respecting temporary foreign workers will come into effect. In order to ensure that no one is adversely impacted by these changes, it is important that all employers, HR professionals and foreign workers alike are fully educated and aware of these changes:

1. Four-Year Cap on Canadian Work Permits

Effective April 1, 2011, foreign nationals will only be permitted to hold a temporary work permit for a cumulative 4 years. After working in Canada for one or more periods totaling 4 years, the foreign national will be required to wait for at least 4 years before he or she may reapply for a work permit. Some exceptions to this rule will apply, including situations where:

The foreign national intends to perform work in Canada that would create or maintain significant social, cultural or economic benefits or opportunities to Canadian citizens or permanent residents.
The foreign national intends to perform work pursuant to an international agreement with Canada (such as the NAFTA, CCFTA, Canada-Peru Free Trade Agreement, GATS, etc.)
The foreign national is performing work in Canada while on a study permit

2. Two-Year Ban for Non-Compliant Employers

In an effort to protect the rights of foreign workers in Canada, the new regulations create the imposition of a 2-year ban on the hiring of any temporary foreign workers for employers who have failed to substantially provide the same wages, working conditions, or occupation offered to any work permit holder in the past two years. Commencing April 1, 2011, such compliance will be assessed at the time an application for an LMO or work permit is made and will consider the employment of any foreign worker in the company's employ in the 2 years prior. Any employers found to have been non-compliant will not only be subject to this 2-year ban, but will also have their name, address and period of ban published on a publicly available list.

3. Assessing the Genuineness of an Offer of Employment

These new regulations additionally implement a number of factors to be considered by officers in assessing the genuineness of employment offers before approving both Labour Market Opinions and LMO-exempt work permits. Specifically, the officer will look to the nature of the employer's business, the level of activity of the company's operations, the terms of the offer of employment, and the employer's ability to meet those terms (including payment of wages offered).

4. Additional Requirements for Employers of Live-In Caregivers

The regulations further establish certain employer-related requirements for live-in caregiver work permit applications, including the employer's need for a live-in caregiver, the provision of adequate accommodation, and his/her ability to pay the wages offered.

5. Limited Validity of Labour Market Opinions

Following HRSDC's announcement in May 2009 that all Labour Market Opinions would be issued with a limited validity of 6 months, the Canadian Government's new changes make it required by law for all Labour Market Opinions to have an expiry date. If the foreign national does not apply for a work permit within that timeframe, a new Labour Market Opinion will need to be obtained by the employer.

January job gains dwarf expectations

Image by ItzaFineDay via Flickr

OTTAWA — Canada's job growth was almost five times stronger than expected last month.

Statistics Canada on Friday said there were 69,200 additional people working in January, much more than the 15,000 in job gains economists had been predicting.

The unemployment rate rose to 7.8 per cent from 7.6 per cent in December, as more people joined the job hunt. Economists had expected the jobless rate to remain the same.

The unexpectedly high rate of job gains for January means the labour market has gained back all the positions lost during the recession, and then some. Recent revisions to the data had put the job count down 30,000 from before the downturn, despite previous data showing all recession-related job losses had been recovered.

"Canadian employment came flying out of the chute to start 2011, posting a whopping rise of 69,200 jobs in January, with gains spread evenly across sectors and job types," said Douglas Porter, deputy chief economist with BMO Capital Markets.

Porter said the January jobs report "reinforces the point that the economy regained momentum around the turn of the year."

Full-time workers were up 31,100 in January and part-timers were ahead 38,000.

Private-sector employment grew by 22,700 people, public-sector work was up 26,400 and 20,100 more people were self-employed.

There was, however, a disproportionate number of job gains among women 25 and older, who saw gains of 55,400.

Some of the industries for which employment grew included public administration, agriculture and specialized-service occupations. Declines were seen in transportation and warehousing, and accommodation and food services. Manufacturing job numbers were essentially flat, despite fears it would lose ground after seeing exceptionally high growth of 66,000 in December.

Notable employment gains were seen in Ontario and Alberta, though there were declines in British Columbia and New Brunswick.

Porter noted that a rise of 106,400 in the number of people seeking work — which pushed the unemployment rate higher — was one of the biggest gains on record.

Despite the impressive job numbers for January, some experts pointed out the economy remains challenged.

"The number of full-time jobs continues to sit about 100,000 positions short of its level prior to the downturn, while both the employment-to-population ratio and the labour-force participation rate remain under water by some one to two percentage points," said David Burleton, deputy chief economist with TD Economics. "Lastly, the jobless rate was plumbing the depths at about six per cent as recently as mid-2008."

Burleton said he expects job growth to moderate to a pace of about 15,000 to 20,000 a month for most of 2011, which should be enough to bring the jobless rate down to 7.3 per cent by year's end.

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TABLE

Unemployment rates by province in January:

Newfoundland and Labrador 12.4%

Prince Edward Island 11.3%

Nova Scotia 9.5%

New Brunswick 9.1%

Quebec 7.9%

Ontario 8.1%

Manitoba 5.0%

Saskatchewan 5.4%

Alberta 5.9%

British Columbia 8.2%

Overall 7.8%

Source: Statistics Canada

Canada: New Employer Compliance Requirements Take Effect Soon

"Memorial to Commemorate the Chinese Rail...

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

Deal to smooth firms’ access to overseas workers

View toward halifax, Nova Scotia as the ferry ...

Image via WikipediaOttawa, N.S. agreement does away with market survey
By DAVID JACKSON and EVA HOARE Staff Reporters
Wed, Feb 2 - 4:55 AM

Companies that may need overseas workers for big projects will have an easier time bringing them in under an agreement the province will sign with Ottawa.
Employers wanting to bring in temporary foreign workers now need a federal labour market opinion from Service Canada that says they’ve exhausted efforts to hire qualified Canadians or permanent residents and must look elsewhere.
Elizabeth Mills, executive director of the province’s Office of Immigration, said the new agreement will allow the province to write to Citizenship and Immigration Canada in support of the employer, allowing the employer to skip the step of the labour market opinion.
"In certain circumstances where the province . . . sees that an employer needs workers in a particular big project or economic development initiative, then we will write a letter of support requesting a temporary work permit be issued for a worker or workers in that area," Mills said Tuesday.
"We may also support a group of foreign nationals in a specific occupation. So, for example, if there’s a big project going on, the company is unable to hire people locally, and they need a group of workers to come over with specialized skills, then we can write a letter of support for that."
Another aspect of the agreement will grant a work permit to the spouse and working-age children of the foreign worker.
A third new measure deals with Canadians or permanent residents who marry foreign nationals. Mills said the foreign nationals will be able to get a work permit while temporary residents and waiting for their applications for permanent residence is being processed.
She said about 2,500 foreign workers come to the province annually.
Mills said the changes on temporary foreign workers come out of a 2007 agreement on immigration that the province signed with Ottawa. An annex to that agreement was to cover that group.
She said most other provinces have, or are working on, similar agreements with Ottawa.
Mills said she isn’t sure when the agreement will be signed, but hopes that will happen before the next federal election.
Well-known Nova Scotia immigration lawyer Lee Cohen lauded the move as a good step toward strengthening the economy because there are shortages of various levels of skilled workers.
"What was happening was Nova Scotia was bringing into the province more and more highly skilled people while positions for lesser skilled people were not being filled," Cohen said in an interview Tuesday.
"So instead of only seeking higher skilled workers, they wanted to seek workers in demand," he said. "It’s a fantastic thing. It’s a great step in the right direction."
Cohen said Nova Scotia has too many people who are highly educated but are being told they’re overqualified for positions, and conversely, not enough people to fill other openings, such as those found in the hospitality industry. "Hotels are finding it impossible to get room attendants."
The Halifax lawyer said he’d been told a few months ago that this change was underway, and hopes the next level to be addressed will be that of the entrepreneur.
"What I’ve been waiting for from these guys for such a long time is some kind of entrepreneurial category."
( djackson@herald.ca)

Common-Law Couples & Immigration to Canada

Image by seanmcgrath via Flickr

By Katherine at Legal Language
Posted 02/02/2011
In Immigration

anada is one of only a few countries to allow common-law couples to take advantage of the family immigration process.

Proving the validity of a common-law relationship can be difficult, however, and Citizenship & Immigration Canada will deny applications that don’t meet some strict criteria.

Definition of Common-Law Marriage in Canada

Couples whose relationships are defined as marriages or common-law marriages are eligible for immigration to Canada through family sponsorship if one person is a Canadian citizen or permanent resident.

Citizenship & Immigration Canada, Canada’s federal immigration agency, defines a common-law marriage as two people of the opposite or same sex who have lived together for at least one full year and have significant commitments — emotional, financial — to one another.

While the definition of a common-law relationship may seem lenient, it is important to be aware of certain criteria to be met in order for a common-law marriage to be accepted by immigration officials.

Common-Law Marriage & Immigration Regulations

Common-law marriages are closely inspected and scrutinized by Citizenship & Immigration Canada for the same reason that US Citizenship and Immigration Services rejects them outright — many people lie about the nature of their relationship just to be eligible for immigration.

Though CIC’s definition of a common-law relationship may be lenient, it does require extensive proof that the relationship is real — and this can pose problems even for bona fide couples.

Evidence that you are in an emotional relationship, share a home and support each other financially will need to be provided.

Proof of a Common-Law Marriage

The key to this is preparation and timing.

As soon as you know you will want to apply for immigration to Canada you should look at mortgage or rental agreements, utility bills (such as those for electricity, gas, water, internet and television), bank accounts and investments. Make a list and note whose name is included on each.

Many couples split the cost of living, which Citizenship & Immigration Canada accepts as proof of a common-law marriage.

However, many couples do this by assigning certain bills to an individual person instead of putting two names on the account. Immigration officials may view this as “roommate behavior” instead of the behavior of a financially and emotionally invested couple. Citizenship & Immigration Canada will be looking for utility bills that include the names of both parties.

This also goes for leases, deeds or other evidence of home ownership or rental. While you may have rented or bought a place before a second person moved in, it’s very important to add your partner’s name to the paperwork. Establishing the amount of time you have spent living together is vital to determining if your relationship can be deemed common-law.

Joint bank accounts are also good evidence of a committed couple, as are birth certificates of any children you may have had or adopted together. To a lesser degree, photos, correspondence and even travel tickets and itineraries can be used as proof of a common-law marriage.

This is not to say you must have both names on everything — Citizenship & Immigration Canada understands that not every couple will share absolutely everything. Many legally married couples, for example, have separate bank accounts or a house in one name.

But keep these tips in mind while you’re filling out an application — Canadian immigration officials are more likely to question or even deny an immigration application that a common-law couple submits.

Total complete applications received since June 26, 2010

The Centre Block on Parliament Hill, containin...

Image via Wikipedia On June 26, 2010, the eligibility criteria for Federal Skilled Worker applicants changed.
Between June 26, 2010, and June 30, 2011, a maximum of 20,000 complete Federal Skilled Worker applications will be considered for processing. Within the 20,000 cap, a maximum of 1,000 Federal Skilled Worker applications per eligible occupation will be considered for processing within this same time frame.
These limits do not apply to applications with an offer of arranged employment (job offer).
Applications received toward the overall cap: 7,156 of 20,000 as of January 31, 2011

Applications received per eligible occupation:

Eligible Occupation (by National Occupational Classification [NOC] code)	Number of Complete Applications Received*
0631 Restaurant and Food Service Managers	480
0811 Primary Production Managers (except Agriculture)	77
1122 Professional Occupations in Business Services to Management	1,000 (Cap reached)**
1233 Insurance Adjusters and Claims Examiners	151
2121 Biologists and Related Scientists	456
2151 Architects	429
3111 Specialist Physicians	359
3112 General Practitioners and Family Physicians	433
3113 Dentists	507
3131 Pharmacists	736
3142 Physiotherapists	171
3152 Registered Nurses	1,000 (Cap reached)**
3215 Medical Radiation Technologists	29
3222 Dental Hygienists and Dental Therapists	13
3233 Licensed Practical Nurses	91
4151 Psychologists	97
4152 Social Workers	313
6241 Chefs	72
6242 Cooks	147
7215 Contractors and Supervisors, Carpentry Trades	69
7216 Contractors and Supervisors, Mechanic Trades	174
7241 Electricians (except Industrial and Power System)	97
7242 Industrial Electricians	107
7251 Plumbers	29
7265 Welders and Related Machine Operators	33
7312 Heavy-Duty Equipment Mechanics	28
7371 Crane Operators	2
7372 Drillers and Blasters – Surface Mining, Quarrying and Construction	9
8222 Supervisors, Oil and Gas Drilling and Service	47

*The number of complete Federal Skilled Worker applications received as of January 31, 2011 is approximate.
**Once the cap has been reached, we can only accept applications for this occupation from people with an existing offer of arranged employment.
NOTE: Because application intake fluctuates, these figures are meant as a guide only. There is no guarantee that an application sent in now will fall within the cap.

Foreign-trained Nurses are Just What the Doctor Ordered

Image via Wikipedia

An aging population combined with a shortage of nurses is a dangerous combination for the Canadian health care sector. The number of practicing nurses is declining worldwide and in Canada, the shortage of nurses is causing longer hospital wait times and a decrease in the quality of service provided.

Canadian nurses themselves are part of the problem. In the province of Quebec alone, over 71,000 nurses are now over the age of 55 and are quickly approaching retirement. Canadian nursing schools are not producing enough graduates to fill the nursing vacancies and because of this shortage, countless nurses are required to work over-time. As Canada is not producing enough nurses, foreign-trained nurses may be the best prescription.

Canadian immigration programs, such as the Federal Skilled Worker Program, target specificoccupations that are in high demand in Canada, like Registered and Licensed Practical Nurses. Last June, the Federal Skilled Worker Program was adjusted so that only 1,000 applications would be accepted for each of the 29 eligible occupations. As of December 2010, Registered Nurses had already reached the cap limit.

Attorney David Cohen offers the following advice for nurses, “Although the Registered Nurses occupation has reached its cap limit under the Federal Skilled Worker Program, Licensed Practical Nurses still have over 800 spots available. An applicant needs one year of paid work experience as a Licensed Practical Nurse within the past 10 years in order to qualify, even if they are not currently working as a nurse. As well, there are many other immigration programs available for nurses, such as the Quebec Skilled Worker Program and the numerous Provincial Nominee Programs. Nurses can also obtain a work permit for Canada once he/she has a job offer from a Canadian employer.” Many Canadian hospitals are currently in desperate need of nurses. Because of its shortage of nurses, one hospital in Quebec, has recently announced that they respond to any nurse who submits a resumé within 1 hour.

All nurses, including those who are internationally trained, are required to be certified by a provincial regulation body before they are able to practice in Canada. Registered Nurses, except those wishing to practice in Quebec, must also pass the Canadian Registered Nurse Examination. Canada’s Economic Action Plan and the Foreign Credential Recognition Program are working together to assist foreign workers to better integrate into the Canadian workplace. The assessment of foreign credentials and experience is currently being streamlined for 8 priority occupations, including Registered Nurses, meaning their credentials will be evaluated in less time compared to other occupations. The next set of 6 priority occupations will include Licensed Practical Nurses.

If you are a foreign-trained nurse who wants to immigrate to Canada, there has never been a better time to apply.

Source: Canada Immigration newsletter

Post Grad Work Permit Program Expanded

Image via WikipediaOperational Bulletin 262 – January 31, 2011
Launch of a Pilot Program to Expand the Post-Graduation Work Permit Program for International Students Graduating from Designated Private Post-Secondary Institutions in British Columbia

Summary

Effective January 31, 2011, the Post-Graduation Work Permit Program (PGWPP) has been expanded to include international students who have completed career training programs of eight months or longer at select private educational institutions in British Columbia.

Issue

Under a two-year Pilot Program with British Columbia, the PGWPP has been expanded to include international students graduating from select British Columbia Education Quality Assurance (EQA)-designated private post-secondary institutions in programs of eight months or longer.

IMPORTANT: All work permits (WP) issued under this Pilot Program must be coded as indicated below (see Special Program Code under System Instructions) to support an effective evaluation of the Pilot.

New Pilot Parameters

This Pilot will be in effect between January 31, 2011, and January 31, 2013, inclusively and may be extended with a mutual agreement between the parties. These dates refer only to the period in which qualifying WPs can be issued and not to the duration of the WPs. The terms of the Pilot will apply only to qualifying foreign nationals who have graduated from eligible programs of study at select EQA-designated, private post-secondary institutions in the province of British Columbia (see list under Eligible Institutions).

Pilot Procedures

All of the general eligibility criteria, conditions of the WP and processing procedures for the PGWPP will continue to apply in conjunction with the following guidelines for the Pilot Program:

A) Eligible Participants

Applicants wishing to participate in this Pilot Program must meet the following additional criteria to qualify for a WP:

· Must have graduated from one of the EQA-designated private post-secondary institutions in the Province of British Columbia designated by the Province of British Columbia as eligible institutions for the purposes of this Pilot which are listed below “Eligible Institutions” during the validity period of the Pilot Program; and

· Must have completed a program of study that is at least eight months in length and received a degree, diploma or certificate upon completion. Furthermore, only career training programs will qualify for this pilot. General interest courses, or programs of study that consist primarily of English or French as Second Language instruction will not qualify.

B) Eligible Institutions

The following EQA-designated institutions have been named by the Province of British Columbia as eligible institutions under this Pilot Program:

· Degree-Granting Institutions: Alexander College; Columbia College; Fairleigh Dickinson University Vancouver; Quest University Canada; Sprott-Shaw Degree College; Trinity Western University; University Canada West; and

· Non-Degree Granting Institution: Arbutus College of Communication Arts, Business and Technology; Ashton College; Centre for Arts and Technology; Eton College; John Casablancas Institute of Applied Arts; Mountain Transport Institute Ltd.; MTI Community College; Pacific Institute of Culinary Arts; Sprott-Shaw Community College; Stenberg College; Vancouver Film School.

C) Post-Graduation Work Permit Issuance

· Consult section 5.24 of Overseas Processing (OP) 12 Manual – Students.

· Use labour market opinion (LMO) exemption code C-43 in conjunction with paragraph 205(c)(ii) of the Immigration and Refugee Protection Regulations in support of the “competitiveness of Canada’s academic institutions or economy.”

· Verify the eligibility of applicants pursuant to existing procedures to ensure that they meet the requirements of the pilot and the broader PGWPP.

· Issue an open or open/restricted (depending on medical examination requirements, if applicable) WP to eligible applicants.

D) System Instructions

Special Program Code: Officers are required to use the NEW Special Program Code “ISP” (the long description is International Student Pilot Program for B.C.) in FOSS, GCMS, CAIPS, or, for inland processing, in the drop-down menu in the CPC system under “Special Programs”, for applicants meeting the requirements of the Pilot. The use of this special program code is mandatory and it will be important for statistical research, evaluation and policy development purposes.

E) Validity and Duration

A WP issued under this Pilot, like any other issued under the PGWPP, may be valid up to a maximum of three years depending on the duration of the program of study. If the program of study is two years or more, the student may be eligible for a three-year WP. Should the program of study be less than two years but at least eight months, the student may be eligible for a WP lasting for a period equal to the duration of the studies. For example, if the student graduated from an eight-month certificate program, he or she may only be eligible for a WP of an eight-month duration.

F) Program Integrity Monitoring

To remain eligible to participate in this Pilot, an institution must continue to maintain its EQA designation and comply with the guidelines of the Pilot and the Immigration and Refugee Protection Act (IRPA) and its Regulations. In circumstances where an institution loses its EQA designation, the Province of British Columbia will notify Citizenship and Immigration Canada (CIC) and the graduates of the institution in question will no longer be eligible for the Post Graduation WP as of the day the institution loses its EQA status. However, in the interest of administrative fairness, all applications received by CIC before the date of the EQA revocation, will be processed accordingly.

Note: An institution may be removed from participating in this Pilot if that institution is found to be non-compliant with the Pilot’s guidelines and/or IRPA and its Regulations.

G) Program Evaluation

Ongoing monitoring and evaluation will be performed in partnership with the Province of British Columbia to determine the success of the Pilot Program.

H) Further Information

For additional information relating to the PGWPP, please refer to the CIC website atwww.cic.gc.ca/english/study/work-postgrad.asp.

Bienvenue a Québec! – Quebec’s Skilled Worker Program

Le château Frontenac –Vieux-Québec / Old Quebe...

Image via Wikipedia

Quebec is Canada’s largest province in terms of size and is often referred to as “La Belle Province” or the beautiful province in the rest of Canada. Known for its European-style cities, such as Montreal, Quebec is a prime destination for immigrants from all over the world.

The Quebec Skilled Worker Program is specifically designed for applicants who intend to reside in the Province of Quebec. The program consists of two phases: the issuance of a Quebec Selection Certificate followed by the issuance of a Canadian Permanent Resident visa.

i. Quebec Selection Certificate

The first step in obtaining a permanent resident visa through Quebec is to obtain a Quebec Selection Certificate (CSQ). A CSQ is a document issued by the Quebec immigration authorities (Immigration et Communautés Culturelles Québec) indicating that the applicant designated on the certificate has been selected to reside within the Province of Quebec. The CSQ is not a permanent resident visa, but rather authorization by the province to apply for permanent residency. In order to qualify for a CSQ, an applicant must score at least 49 points (or 57 points with a spouse or common-law partner) in the following 10 selection factors:

• Education – a maximum of 28 points can be obtained for education and area of training;

• Age – a maximum of 16 points can be obtained for applicants between the ages of 18 and 42 years of age;

• Experience – a maximum of 8 points can be obtained for work experience;

• Language proficiency – a maximum of 22 points can be obtained for French and English proficiency;

• Stay and Family in Quebec – a maximum of 8 points can be obtained for having stayed in Quebec or for having family living in Quebec;

• Validated Employment Offer – a maximum of 10 points can be obtained for having a valid employment offer in Quebec

• Financial Self-Sufficiency – an applicant must obtain 1 point to qualify and must meet a minimum funds requirement;

• Spouse’s Characteristics – an applicant can obtain up to 16 points for a spouse’s (or common-law partner’s) education, area of training, age, and language proficiency;

• Children – a maximum of 8 points can be obtained for children;

• Adaptability – a maximum of 6 points can be obtained upon the interview for adaptability.

Once all supporting documents have been submitted to the Quebec visa office, the application is assessed against the Quebec Skilled Worker selection criteria. The majority of applicants who meet the requirements are then called for an interview, which is a great opportunity for applicants to express their motivation and desire to reside in Quebec. Upon the completion of a successful interview, a CSQ is issued.

ii. Permanent Resident Visa

After the CSQ has been issued, an applicant submits the certificate, along with forms and supporting documents, to the federal immigration authorities who assess the applicants for medical and security purposes. The applicant and family members are then granted Canadian Permanent Resident visas.

As French is the predominant language in Quebec, all applicants must demonstrate, at least, a willing to learn French. Some applicants will require a higher score in French language proficiency if they are lacking points in other selection factors.

Why the Quebec Skilled Worker Program Is Good For You

The Quebec Skilled Worker category of immigration is more sophisticated and complex than the Federal Skilled Worker Program. The Quebec selection system is based on a “human capital” model and unlike most provincial nominee programs, an applicant does not require a job offer to qualify. Unlike the Federal program for skilled workers, Quebec does not limit the number of applicants by specific occupation. Many applicants, such as Registered Nurses and Computer/IT Specialists to name just two, no longer qualify for the Federal program as their occupation is no longer on the list of qualifying occupations or that their specific occupation’s cap limit has been reached. The Quebec Skilled Worker Program offers these people a new opportunity for permanent residency and with so many ways to qualify under the Quebec Skilled Worker Program, all we can say to you is “Bienvenue a Québec!”

Find out if you qualify for the Quebec Skilled Worker Program.

Source: Canada immigration newsletter

Immigration Canada

Key changes to Canada's immigration regulations regarding temporary foreign workers

January job gains dwarf expectations

Canada: New Employer Compliance Requirements Take Effect Soon

Deal to smooth firms’ access to overseas workers

Common-Law Couples & Immigration to Canada

Definition of Common-Law Marriage in Canada

Common-Law Marriage & Immigration Regulations

Proof of a Common-Law Marriage

Total complete applications received since June 26, 2010

Applications received per eligible occupation:

Foreign-trained Nurses are Just What the Doctor Ordered

Post Grad Work Permit Program Expanded

Bienvenue a Québec! – Quebec’s Skilled Worker Program

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