A Guide to Canadian Immigration

Image via WikipediaBy David Cohen
Canada Immigration Expert
This guide is aimed to help you understand the process in place for you to live and work in Canada.

There are two main paths to Canada. One way is to obtain a permanent residence visa. The other way is to come to Canada on a temporary work permit.

What does it mean to be a Canadian Permanent Resident? Once you are issued a Canada Immigration Visa for permanent residency, you have most of the same rights and obligations as Canadian citizens. As the name suggests, you may hold this status indefinitely, so long as you accumulate 2 years of residency days in each 5 year period. After 3 years of Canadian residency, you may apply for Canadian citizenship. Canada recognizes dual citizenships, so you do not have to give up your current passport.

There are a few differences in practice between permanent residency and citizenship in Canada. The first is that as a permanent resident you may not vote in elections. The second is that while citizenship is a right that may not be taken away, as a permanent resident you may be deported if you commit a serious crime.

There are 6 main categories of Canadian Immigration. The categories are Federal Skilled Worker, Quebec Skilled Worker, Provincial Nominee Program, Family Sponsorship, Business Immigrant and Canadian Experience Class. Each category caters to a slightly different group of immigrants, and comes with its own set of requirements. You can also come to Canada under the Asylum category or the Temporary Foreign Worker Program. Read below to find out about which category applies to you.

Federal Skilled Worker

The requirements of the skilled worker category are intended to assess applicants, who are likely to become economically established in Canada after arrival.
To be eligible, applicants must either:

• Have at least one year of continuous full-time or equivalent paid work experience in the past 10 years in one of the 38 qualifying occupations; or
  

• Have been living in Canada with legal status as a Temporary Foreign Worker or an international student for at least one year; or
  

• Qualify for Arranged Employment with a full-time permanent job offer from a Canadian employer.
  

In addition to that, there are three other characteristics an individual must possess in order to be eligible to immigrate under the skilled worker category. The first is a minimum level of work experience. A skilled worker must have at least one year of continuous full-time employment (or the equivalent in part-time). This work experience must be of a skilled nature, satisfying either Skill Type 0 or Skill Level A or B in Canada’s National Occupation Classification (NOC) system. This work experience must have come within the 10 year period prior to applying.

The second element of the skilled worker category is one of financial resources. This is a straightforward requirement – an applicant must demonstrate that they have sufficient financial resources to support themselves and their dependents for 6 months after arrival in Canada. If you have an approved job offer, this requirement is waived.

The third element of the skilled worker category is a points-based assessment. Citizenship and Immigration Canada (CIC) uses a points-based system to measure an applicant’s potential for establishing themselves in Canada. Applicants are awarded points based on six different selection factors. An individual must reach 67 points on this assessment to qualify for immigration to Canada. A satisfactory score on this evaluation does not however guarantee approval, as Canadian Immigration Visa Officers may use their discretion to approve or refuse an application based on a substituted evaluation.

The selection factors that make up the assessment are:

Education (maximum 25 points)

• Ranges from 5 points for completing high school to 25 points for completing a master’s or Ph.D.
  

• The system also gives credit for trade certificates or apprenticeship programs.
  

Language Skills (maximum 24 points)

• Canada uses both English and French as official languages, and you may receive credit for proficiency in either one, or both.
  

• Marks are awarded separately for abilities to listen, speak, read, and write each official language.
  

Experience (maximum 21 points)

• Full points for four or more years of experience at an appropriate level.
  

Age (maximum 10 points)

• Full points for being between the ages of 21-49.
  

Arranged Employment (maximum 10 points)

• If you hold a permanent job offer from a Canadian employer, or are applying from within Canada and hold a temporary work permit you may receive credit for your Canadian employment.
  

Adaptability (maximum 10 points)

• This category brings in a number of factors related to an applicant’s ability to adapt to living in Canada, including previous experience working or studying in Canada, or having family in Canada.
  

Altogether these three elements, along with other requirements such as security clearances and medical examinations, make up the bulk of the requirements to come to Canada under the Skilled Worker category. If you are applying to live or work in Montreal, or elsewhere in Quebec however, you must meet the selection criteria of the Province of Quebec, outlined below.


Quebec Skilled Worker

According to an agreement between the Province of Quebec and the Government of Canada, the Province of Quebec has its own selection process for the skilled worker category of immigration. If you intend to live in Quebec upon arrival in Canada you will be assessed based on the Quebec Selection criteria and not the evaluation used by CIC. The application process for immigration to Quebec uses a similar points-based system but with slightly different criteria.

Like the federal system, Quebec uses a points-based system to assess potential immigrants. To qualify for a Quebec Selection Certificate, single applicants must score at least 60 points from the ten selection criteria, while an applicant with a spouse or common-law partner must score a minimum of 68 points.

The selection factors for immigration to Quebec as a skilled worker are:

Training (maximum 29 points):

• Points are awarded separately for both education and job-related training.

• Additional points are awarded for having more than one area of specialty.

Validated Employment Offer (maximum 10 points)

• Points are awarded for having a job offer from an employer in Quebec, with greater points awarded for a job outside of the area of Montreal.

Experience (maximum 9 points)

• Full points are awarded for four or more years of experience at the appropriate skill level according to the NOC.

Age (maximum 18 points)

• Full points are awarded for being between the ages of 18-35.

Language Proficiency (maximum 22 points)

• French is the official language of the Province of Quebec. The Quebec selection criteria place value on oral language abilities rather than written comprehension. Up to 16 points are available for oral interaction in French, with an additional 6 available for oral interaction in English.

Stay and Family in Quebec (maximum 9 points)

• Having previously spent time living, working, or studying in Quebec, as well as having family in the province will help a prospective immigrant establish themselves more easily. Points are awarded for both of these areas.

Spouse’s Characteristics (maximum 18 points)

• If an applicant is accompanied by a spouse or common-law partner, points may be awarded for the spouse’s education, training, work experience, age and language.

Children (maximum 8 points)

• Up to the maximum, 4 points are awarded for each child under 12 years of age, and 2 points for each child between 13 and 21.

Financial Self-Sufficiency (1 point)

• One point is awarded for having sufficient funds for financial self-sufficiency upon arrival. However without satisfying this requirement the application is automatically refused.

Adaptability (maximum 8 points)

• This category uses an overall assessment of the applicant’s ability to adapt to life in Quebec.

Satisfying these requirements will lead to the issue of a Quebec Selection Certificate, which is recognized by CIC for immigration to Quebec. The applicant must still pass a security clearance and medical examination.

Provincial Nomination Program

One way to speed up the process of immigration to Canada is through the Provincial Nomination Program (PNP). The PNP consists of partnerships between the Government of Canada and provincial governments to select individuals who wish to immigrate to Canada and settle in that particular province. Most provinces in Canada have agreements in place to participate in this program. Under the terms of these agreements, provinces may nominate applicants who are in occupations in high demand, or who will otherwise make important contributions to the province.

To immigrate to Canada under the PNP, an individual must first apply for a Provincial Nomination Certificate to the provincial government where they would like to reside. Each province has different requirements based on their particular needs. To learn more about each province’s requirements, click here. After receiving the Provincial Nomination Certificate, an individual then must apply for a Canadian Permanent Resident Visa. Provincial nominees receive priority processing for their permanent residency applications.

The following provinces currently participate in the Provincial Nomination Program:

• Alberta
  
• British Columbia
  
• Manitoba
  
• New Brunswick
  
• Newfoundland and Labrador
  
• Nova Scotia
  
• Ontario
  

• Prince Edward Island
  
• Saskatchewan
  
• Yukon
  

Provincial nominees are not assessed on the six selection criteria of the Federal Skilled Worker Program.

Family Class Sponsorship
The Family Class Sponsorship program allows Canadian citizens or permanent residents who are at least 18 years of age to sponsor close family members, who wish to immigrate to Canada. To sponsor a relative for Family Class immigration to Canada, a Canadian citizen or permanent resident must sign a contract promising to support the family member who wishes to immigrate for a period of three to ten years after their arrival. The length of the agreement depends on the age of the family member being sponsored, and the nature of the relationship. To apply for Family Class immigration, the sponsored relative must also sign a contract promising to make every effort to be self-sufficient.

To be eligible to sponsor a relative, a Canadian citizen or permanent resident must demonstrate financial ability to provide for the essential needs of the sponsored relative, should that be necessary. As a general rule, the sponsor must also be physically residing in Canada in order to sponsor. An exception is made for Canadian citizens, who wish to sponsor a spouse, common-law partner or children if the sponsor can demonstrate an intention to reside in Canada by the time the sponsored relative lands in Canada.

Family members eligible for sponsorship are:

• Spouses or common-law partners.
  
• Parents or grandparents.
  
• Dependent children (must be under 22 years of age unless substantially dependent for financial support because they are a full-time student, or because of disability).
  
• Children under 18 whom you plan to adopt Orphaned brothers, sisters, nieces and nephews whom are under 18 and unmarried.
  
• A relative of any age if you do not have any of the family members listed above.
  

The Province of Quebec, according to its agreement with the Government of Canada on immigration, has a role in determining the eligibility of sponsorship applicants for residents of Quebec. This role however takes effect only after CIC has completed its initial assessment of the sponsorship application.

Business Immigration

The Business Immigration Program is designed to seek out individuals who are in a position to contribute to Canada’s economic development through their investment and managerial skills. Individuals who apply under this category have financial resources that will strengthen the Canadian economy and help create more jobs. Individuals with business experience and relatively high net worth may apply under one of three categories of the Business Immigration Program. Each of these categories targets a different contribution to the Canadian economy, and has its own requirements.

• Immigrant Investor Program:  This program seeks to attract experienced businesspeople willing to make substantial investments in the Canadian economy. Applicants under this program must establish a net worth of at least CAD$1600,000, and demonstrate that this wealth was legally obtained. In addition, Immigrant Investors must make an investment of CAD$800,000, which the government of Canada will return to them at the end of five years, with no interest. To qualify as an Immigrant Investor the applicant must also have managed a qualifying business, as defined by Canadian Immigration authorities. Applicants destined to province of Quebec may qualify under a similar Investor Program administered by that province.
  
• Entrepreneur Program:  The Entrepreneur Program is geared towards business immigrants who plan to have a hands-on role in their contributions to the Canadian economy. The net worth requirements for the Entrepreneur Program are lower than for Immigrant Investors (CAD$300,000 rather than CAD$800,000). Applicants under this category of the Business Immigrant Program must commit to both managing and owning at least one third of a Canadian business, which will create or maintain employment, within three years of landing in Canada. Applicants destined to province of Quebec may qualify under a similar Entrepreneur Program administered by that province.
  
• Self-Employed Persons Program:  The Self-Employed Persons Program is in place for individuals with relevant experience and skills in business, culture, athletics or farming who are able willing to support themselves and their dependents through self-employed income. To apply under this program an individual may need to demonstrate experience, net worth and/or artistic qualifications depending on the criteria under which they are applying. Applicants destined to province of Quebec may qualify under a Self-Employed Program administered by that province.
  

Canadian Experience Class
The Canadian Experience Class caters specifically to Temporary foreign workers and international students who wish to become Canadian Permanent Residents. Having obtained a Canadian education and/or Canadian work experience, these individuals have already settled into Canadian society and have established important networks in their communities and their careers.

The Canadian Experience Class requirements are based on a pass or fail model. There are separate minimum requirements for the two types of applicants:

International Graduates with Canadian Work Experience

Applicants must have:

• Successfully completed a program of study of at least two academic years at a Canadian post-secondary educational institution;
  

• Obtained at least one year of skilled, professional or technical work experience within 24 months of the application date; and
  

• Moderate or basic language skills, depending on the skill level of their occupation.
  

Temporary Foreign Workers
Applicants must have:

• Obtained at least two years of skilled, professional or technical work experience within 36 months of the application date; and
  

• Moderate or basic language skills, depending on the skill level of their occupation.
  

An applicant who has met the minimum requirements and is still in Canada on either a Post-Graduate Work Permit or a Temporary Work Permit may apply from within Canada. For individuals no longer in Canada, the applications must be submitted within one year of leaving their job in Canada.


Asylum
As a world leader and champion of human rights issues, Canada also recognizes a responsibility to grant asylum to refugees who face danger, persecution and violations of their human rights in their country of nationality or habitual residence. Canada’s refugee system offers protection to thousands of such individuals each year. Refugees may be government-assisted or may be privately sponsored by individuals or organizations in Canada.

There are two main components to this program:

• Refugee and Humanitarian Resettlement Program:  This program is aimed at refugees currently outside of Canada who seek resettlement. CIC selects refugees seeking resettlement, determining first if they may be safe to remain where they are currently located or to return to their country of nationality. Selection depends heavily on recommendations from the United Nations High Commissioner for Refugees, but also requires security and medical screening.
  
• Asylum in Canada:  This program offers protection to individuals currently in Canada who fear returning to their home country. These cases are assessed by Canada’s Immigration and Refugee Board.
  

Temporary Foreign Worker Program

For individuals who wish to come work in Canada, they may apply for a temporary work permit through the Temporary Foreign Worker Program. As a general rule these work permits require a valid job offer from a Canadian employer, though there are exceptions. In most cases it is possible to extend work permits from within Canada, but some work permits have a maximum duration.

In many cases work permits require that the employer obtain Labour Market Opinion from Human Resources and Social Development Canada which confirms that the employment will not adversely affect Canadian workers. There are a number of exemptions to this rule.

Spouses and common-law partners of individuals who hold a Canadian work permit may accompany the work permit holder to Canada. In many cases spouses are eligible to apply for an open work permit, which allows the holder to work for any employer in Canada.

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• Quebec immigration consultant arrested in fraud ring (nationalpost.com)

Boomtown Regina: more people and jobs

Image via WikipediaTHE LEADER-POST FEBRUARY 5, 2011



The term "boom town" was used to describe Regina in its infancy, when the future city was little more than a few wooden buildings, rudimentary houses, tents and stables in the 1880s.
Well, if early settlers thought that was a boom, the term certainly applies to the impressive expansion Regina is currently enjoying.
Even in a city used to good news of late, it's been quite a week:
- On Tuesday, the first phase of the $350-million Canadian Logistics Services (CLS) Distribution Centre officially opened. It's the first development in the massive multimodal transportation hub that will bring together rail, truck and possibly air cargo facilities just west of the city.
CLS will handle a variety of merchandise for Loblaw Companies and will move "80 semi-loads of groceries each and every day", Premier Brad Wall said. It currently employs 176 people, but the workforce will grow to up to 800 later this year. The province is said to be "very close" to announcements about other companies moving to the hub.
- On Thursday, Statistics Canada reported that Regina is the third fastest-growing metro area in the country after Saskatoon and Vancouver. The population of Regina and area swelled by almost 5,000 between July 2009 and July 2010, to an estimated 215,138 people. Particularly encouraging is the fact the Regina census metropolitan area's median age of 36.9 was fourth lowest in the nation. (Saskatoon, whose population jumped by 7,240 (to 265,259) has a median age of 35.4 -the lowest in Canada). Just a few years ago, when outmigration was at its height, it was feared Regina would have an aging population with too few young people. It's also good to know international immigration is playing a big part in population growth as the world discovers what Regina has to offer.
- Friday brought another Statistics Canada report, this time showing Regina with the lowest unemployment of all Canadian cities surveyed at just 4.5 per cent. There was a year-over-year increase of 6,700 jobs. Regina (and thirdplace Saskatoon) helped the province achieve a 5.4 per cent jobless rate, second in the nation after Manitoba.
Though some progress is being made, aboriginal unemployment remains unacceptably high. However, the city's biggest issue remains the short supply of rental housing -particularly affordable accommodation. Virtually all newcomers -even those who plan to buy property -initially need rental housing, yet the vacancy rate hovers around one per cent. Longer-term renters on low incomes -many of them aboriginal -are struggling with rising rents.
We look forward to the release of the province's housing strategy in June, which promises to have an "an emphasis on affordable and accessible housing". Municipalities, home builders, real estate organizations, chambers of commerce and community-based organizations across the province are working on solutions to this issue.
Affordable housing is a crucial element to marketing Regina and maintaining population growth. The pioneers might have been prepared to rough it in tents in the 19th century, but that's hardly an option for newcomers today.

© Copyright (c) The Regina Leader-Post

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Saskatoon outpaces all metro areas in Canada

Image via WikipediaBY DAVID HUTTON, THE STARPHOENIX

Saskatoon is growing faster and aging more slowly than any other major Canadian city.
The latest population estimates released Thursday by Statistics Canada reveal the Saskatoon region was the fastest-growing metropolitan area in Canada for the one-year period ending in July 2010, surpassing Alberta's major centres in growth for the first time in decades.
The Saskatoon region is also the youngest in the country, bucking the pan-Canadian trend of a rapidly aging population.
But the changing demographics pose "huge challenges" for the city and raise difficult questions about the young aboriginal workforce, a prominent economist says.
"You have this young aboriginal population that on average is not very well off and on average not very well educated," said Eric Howe, a University of Saskatchewan economics professor. "If we do not do something about that, the wheels are going to fall off. The aboriginal population absolutely has to be brought into the economic mainstream."
Led by a booming aboriginal population and a major spike in international immigration driven by the province's expedited application program, the Saskatoon region, which includes bedroom communities such as Warman, Martensville, Dundurn and Dalmeny, has now passed the 265,000 population mark, a three per cent jump and a net increase of more than 7,200 people in one year.
Regina was third in the country in growth, behind Vancouver in second spot. The Regina region now has 215,000 people, an increase of close to 5,000 from the previous year.
The main reason for Saskatoon's rapid growth is an increase in international immigration, Statistics Canada reports.
More than 3,300 immigrants moved to Saskatoon during the year covered by the report, with the Philippines, China and Ukraine as the leading countries of origin. International immigration to Saskatoon is higher in sheer numbers than major Canadian cities such as Hamilton and Quebec City, which have historically attracted far more immigrants than all of Saskatchewan, Statistics Canada reports.
The immigration boom can be felt at the many drop-in programs run by the city's settlement agencies.
Petrio Dobushovskyy, 42, moved from Ukraine earlier this month with his wife, Oksana, and his two sons, Yaroslav, 16, and Ivan, 10, and is living in his brother's home until he finds work. On Thursday, he took part in an informal conversations session at Global Gathering Place, a non-profit drop-in centre downtown that was abuzz Thursday afternoon.
A computer programmer, Dobushovskyy is attempting to strengthen his English so he can boost his chances of landing a job. Otherwise, he says he may return to Ukraine. He's considering applying for labour work as an interim measure.
"I want my sons to learn English and go to university here," he said.
Many newcomers have been filling vacancies in entry-level jobs, primarily in the service sector, despite many having experience and credentials in medicine or engineering.
That's creating a dilemma for policy-makers because it's one of the main ways young aboriginal people can break into the labour market, Howe said.

"Many aboriginal people are coming off of three generations of welfare dependency and need entry-level jobs. If you give entrylevel jobs to someone else, they're not going to get them. Finding jobs for new immigrants is important, but it's also very important that we have entry-level jobs for young aboriginal people. That's where they're going to work if they're going to work, at least at first," he said.
The statistics on age revealed in the report are the most startling.
As the average age across Canada has jumped, Saskatoon's and Regina's average age has increased only slightly. High birth rates among the aboriginal population and the arrival of young families migrating from outside the country are cited as the main reasons Saskatchewan stayed young relative to the rest of Canada.
Saskatoon's average age is 35.6, Statistics Canada says, less than a year older than it was in 2001. The average age in Canada has increased 2.5 years to almost 40 since that time, while Saguenay, Que., has jumped more than 5.5 years to an average age of 45 and now ranks as the oldest metropolitan area in Canada.
The aboriginal population will make up 25 per cent of the 20 to 30 age group in Saskatoon in five years, Howe projects, and finding policies aimed at that group is the province's "defining problem," he said.
"There's nothing wrong in Saskatoon that can't be cured by what's right in Saskatoon," he said.
"But we'll have to work at it."
dhutton@thestarphoenix.com

© Copyright (c) The StarPhoenix

Read more: http://www.thestarphoenix.com/business/City+growing+quickly/4222880/story.html#ixzz1D35aYmKc

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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.

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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.

Postmedia News

Twitter.com/derekabma

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

© Copyright (c) Postmedia News

Read more: http://www.canada.com/business/January+gains+dwarf+expectations/4223489/story.html#ixzz1D32IEAVt

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Canada: New Employer Compliance Requirements Take Effect Soon

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

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

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

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

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

Source: Fragomen

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Deal to smooth firms’ access to overseas workers

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.


 

Related articles

• Canada Sponsor Visa (socyberty.com)
• Making Up a Marriage (cbc.ca)
• Common law doesn't have the same entitlements as legally married (calgaryherald.com)
• First comes love, then comes cohabitation (thestar.com)
• Couple survives immigration ordeal (cbc.ca)
• Man fights deportation after 32 years in Canada (thestar.com)

Total complete applications received since June 26, 2010

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.