Cutting Red Tape for Skilled Immigrants: Minister Kenney Introduces New Bridging Open Work Permit

OTTAWA, ONTARIO--(Marketwire - Dec. 20, 2012) - The new Bridging Open Work Permit enables certain economic class applicants to maintain their status and continue working in Canada while they wait for a final decision on their permanent residence application, Minister of Citizenship, Immigration and Multiculturalism Jason Kenney announced.

"We are making our immigration system faster and more flexible, and cutting red tape for the skilled immigrants Canada's economy needs to grow and thrive," said Minister Jason Kenney. "The new open work permit provides those who are transitioning to permanent residency with better opportunities to integrate into Canada's labour market to the benefit of our economy and all Canadians."

The bridging work permit is available immediately and is valid for one year from the date of issuance. Qualifying foreign nationals currently in Canada, who have submitted an application for permanent residence under the Federal Skilled Worker Program (FSWP), Canadian Experience Class (CEC), Provincial Nominee Program (PNP) or the Federal Skilled Trades Program (FSTP) may be considered for an open work permit if their current work permit is about to expire.

Previously, applicants who were awaiting a decision on their permanent residence application could find their temporary work permits expiring before their application was processed. As a result, these individuals would no longer have been authorized to work in Canada unless their employer applied for and received a Labour Market Opinion from Human Resources and Skills Development Canada (HRSDC) and the applicant then applied for an extension of status.

Open work permits are already available for other in-Canada immigration streams, such as live-in caregivers, spouses or common-law partners. This improvement will result in consistent treatment for other applicants already in Canada.

"We are preventing unnecessary disruption in the lives of the newcomers who are already contributing and successfully integrating into the Canadian economy," said Minister Kenney. "Improvements to our immigration system like this will help Canada attract the best and brightest from around the world - the skilled immigrants we need to fill our skilled labour shortages."

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Building a stronger Canada: Citizenship and Immigration Canada (CIC) strengthens Canada's economic, social and cultural prosperity, helping ensure Canadian safety and security while managing one of the largest and most generous immigration programs in the world.

Youth and language proficiency new must-haves for would-be immigrants

Dec 19, 2012 Stephanie Levitz, The Canadian Press 1

OTTAWA – The points system used to decide who can immigrate to Canada is getting a makeover.

The new judging criteria for the federal skilled worker program will award more points to younger immigrants and changes the way the government looks at work experience and education.

Immigration Minister Jason Kenney unveiled the new system on Wednesday after first introducing a plan for it in the government’s March budget.The way points are allocated for language ability will also change.

“For too long, too many immigrants to Canada have experienced underemployment and unemployment, and this has been detrimental to these newcomers and to the Canadian economy,” Kenney said.

“Our transformational changes to the (skilled worker program) will help ensure that skilled newcomers are able to contribute their skills fully to the economy as soon as possible. This is good for newcomers, good for the economy, and good for all Canadians.”

The government had stopped accepting new applications under the skilled worker program in July in advance of rejigging the system.

That followed a decision in the March budget to wipe out the existing backlog in the program by returning thousands of applications.

The program is expected to re-open in May when the new changes will take effect.

he points system sees would-be immigrants graded on a scale of 100, with points awarded for language ability, age, education, work experience and adaptability to Canada.There will also be a cap on the number of applications being accepted, though that number has not yet been released.

The pass mark is 67 and that won’t change under the new system.

What is being amended is the way the points are allocated and also how language and education credentials are assessed.

For example, the maximum number of points awarded under the age category was 10 and that was given to anyone between the ages of 21 to 49.

Under the new system, the maximum number of points awarded for age is 12, with 18 to 35 year olds eligible under that category.

When it comes to language, the new system mandates a minimum level of language proficiency and adjusts the number of points allocated accordingly to favour those with a strong command of either English or French.

But being bilingual will have less weight, with the ability to speak a second official language given fewer points.

An analysis of the program changes published in August for public consultation said research has suggested that there’s no evidence indicating speaking a second official language has any bearing on positive economic outcomes for applicants.

Applicants will also have to pass a language proficiency test.

Under the education component, applicants will now have their credentials assessed ahead of time to see how they compare to the Canadian system and then points will be allocated to match.

Meanwhile, the number of points allocated for work experience will be reduced.

“Foreign work experience is largely discounted by Canadian employers when the immigrant first enters the Canadian labour market, and it is a weak predictor of economic success,” the analysis said.

“These changes will reflect the relative value Canadian employers place on foreign work experience, and redirect points to language and age factors, which are better indicators of success in the Canadian labour market.”

The overhaul of the points system is part of a three-pronged review of the skilled worker program carried out by the government over the last two years.

The other two elements are the introduction of a new immigration stream for skilled trades and changes to the Canada Experience Class, which allows people already working or studying in Canada to get permanent residency sooner.

All three are expected to generate some $90 million in increased revenue to Canadian businesses from a system that better meets their needs, the analysis said.

Resources for Immigrants in Manitoba

Government Portals

Immigration and Multiculturalism (employers)Recognizing the vital role employers play in the province’s labour market-driven immigration strategy, Manitoba Immigration and Multiculturalism assists employers with recruitment and retention of skilled immigrant workers.

Manitoba.caThe official Manitoba government website has a portal for businesses, including a section on human resources for employers with information about hiring employees, as well as employment laws and regulations.

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Community Resources

ContactManitoba’s community resource site allows you to search for community services by keyword or use the advanced search to search by subject and sub index (such as immigrants and support services) and region.

Manitoba Immigration Info MapThis interactive map provides information about services for recent immigrants, including employment and education. You can select a region and a category to find services nearby.

Settlement Roadmap – ManitobaA searchable database of immigrant services (including settlement, languages and employment) in each province.

Resources for Immigrants in Alberta

Immigrant Employment Councils and Networks

Immigrant Employment Councils (IECs) bring together local stakeholders to address the many challenges of integrating skilled immigrants into the labour market. IECs connect skilled immigrants to local employers with the support of other community, educational and government organizations.

Calgary: Calgary Region Immigrant Employment Council (CRIEC)

Edmonton: Edmonton Region Immigrant Employment Council (ERIEC)

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Government Portals

AlbertaCanada.com
Alberta’s official immigration website has various resources for employers looking to hire and retain immigrants.

Government of Alberta – Employment and Immigration
The official site for Alberta Immigration has information and resources for immigrants but also has sections for employers, including the province’s International Qualifications Assessment Service. Also, the Employment Supportsection for immigrants can be of use to employers looking for bridging programs or language training for employees.

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Community Resources

Settlement Roadmap – Alberta
A searchable database of immigrant services (including settlement, languages and employment) in each province.

InformAlberta
This website is an online directory of community services in Alberta.

211 Edmonton
211 is a three-digit phone number and website that provides information and referral to community and social services in Edmonton and the surrounding area. It also has a resource list specifically for new Canadians, which can also be helpful for employers looking to hire skilled immigrants.

211 Calgary
211 is a three-digit phone number that provides information and referral to community and social services in Calgary and the surrounding area. To search for services online, visit InformAlberta.

Resources for Immigrants in Saskatchewan

Government Portals

Saskatchewan ImmigrationThe official site of Saskatchewan immigration has resources for immigrants looking to settle and work in the province. The employer section has information on the Saskatchewan Immigrant Nominee Program.

Government of SaskatchewanThe government website has a list of resources specifically for employers in the province, including links to job boards, employment services and skills training.

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Community Resources

Settlement Roadmap – SaskatchewanA searchable database of immigrant services (including settlement, languages and employment) in each province.

SaskNetWorkThis website has information and resources about Saskatchewan jobs, training and the workplace. The employer section of this website has information on best practices in hiring, interviewing and keeping your employees. You will also find links to provincial regulations and opportunities for employers to take human resource training.

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The Working in Canada Tool, created by the federal government, provides information on job descriptions, wages, skill requirements, language training and job opportunities based on occupation and location.

Resources for Immigrants in Ontario

Immigrant Employment Councils and Networks

Immigrant Employment Councils bring together local stakeholders to address the many challenges of integrating skilled immigrants into the labour market. IECs connect skilled immigrants to local employers with the support of other community, educational and government organizations.

Kingston: KEYS Job Centre

London-Middlesex: London-Middlesex Immigrant Employment Council (LMIEC)

Niagara: Niagara Immigrant Employment Council (NIEC)

North Bay: The North Bay & District Multicultural Centre (an additional resource is North Bay Immigration).

Ottawa: Hire Immigrants Ottawa

Peterborough: Workplace Integration Centre and New Canadians Centre

Toronto Region: Toronto Region Immigrant Employment Council (TRIEC)

Waterloo Region: Waterloo Region Immigrant Employment Network (WRIEN)

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Government Portals

Ontario Immigration
This site, developed by Ontario’s Ministry of Citizenship and Immigration, contains links to resources for immigrants and employers looking to tap into this talent pool.

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Community Resources

211 Ontario
211 is a three-digit phone number and website that provides information and referral to community and social services in Ontario. Under the topics list, you can find resources related to employment, education and training as well as settlement and newcomer services.

Settlement Roadmap – Ontario
A searchable database of immigrant services (including settlement, languages and employment) in each province.

Settlement.org
Settlement.Org  provides newcomers with information and resources to settle in Ontario and has a section specific to employment.

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The Working in Canada Tool, created by the federal government, provides information on job descriptions, wages, skill requirements, language training and job opportunities based on occupation and location.

Federal Court gives Minister the Green Light to abolish current Investor Applications

On December 18th, Justices Roger Hughes and Elizabeth Heneghan jointly denied four investor
(IIP) applicants’ motions for an injunction to bar Jason Kenney from introducing legislation to
abolish their investor applications so long as their court cases existed. In so doing, both justices distorted
the applicants’ arguments in order to find case law on which to rely to justify giving the Minister
the green light to abolish current IIP files and, in so doing, to encourage the Minister to deprive
the Federal Court of its jurisdiction to dispose of litigation which comes before it.

Justice Hughes held: “… Applicant's Counsel has conceded that the Court does not have jurisdiction to
order that Parliament should not pass legislation, particularly legislation that has not been drafted
or is in bill form only. Counsel said that what was being sought is an Order that the Minister negotiate
with the Applicant or exempt the Applicant from any unfavourable effects of new legislation. The
Applicant has not requested such an exemption from the Minister. There has not been shown before
me any basis upon which the Court could order such negotiation or an exemption.”

This “finding” was entirely contrary to the evidence before Justice Hughes. The motion sought to bar
the Minister from introducing legislation, not to force him to negotiate. Applicants’ counsel had stated
that, if the Minister was intent on issuing such legislation, he had four ways to comply with such
an injunction and to legislate the abolition of the investor files. One means was to settle with the
applicants. However, Justice Hughes, in pursuit of his personal agenda, chose to pervert the actual
argument in order to give the chimera of legitimacy to his ruling.

Justice Hughes, likewise, held: “the Applicant has failed to provide in the record, any substantial
evidence as to delay or procrastination by the Minister or Minister's officials”. However, the
applicant had provided the relevant dates, including the date of Justice Hughes’ own order, issued in
July 2011, ordering CIC to finalize the case at its own somnolent pace; and the Minister’s lawyers did
not dispute those facts. Thus, the undisputed relevant facts were before Justice Hughes, but he preferred
to ignore the truth in order not to impede the Minister from abolishing over 20,000 investor files.

Justice Heneghan joined Justice Hughes in distorting what the applicants were seeking in order to
justify abdicating the Court’s duty to protect its own jurisdiction. Justice Heneghan held: “The
Applicant's arguments are premised upon the theory that the [Minister] may introduce legislation that
will ‘abolish’ his outstanding IIP application before the Court can deal with the application for an
Order of mandamus. I accept [the Minister’s] submissions … that there is no evidence that legislation
is proposed that will affect the outstanding IIP applications. The Court cannot enjoin proposed or
potential legislation” and proceeded to rely on case-law saying that the Court may not interfere
with legislation before Parliament. There is, however, no case law which holds that the Court may
not restrain a minister from stripping the court of its jurisdiction by legislating away the underlying
court cases. Therefore, Justice Heneghan distorted the actual motion in order to deny it. In so doing,
she distinguished herself from Justice Hughes who claimed, contrary to fact, that the case law before
him contained such decisions when it does not.

Before both of the judges was CIC’s official acknowledgement that it is considering abolishing the
investors’ files just has it had the skilled worker files. The Minister’s lawyers did not deny that the
Minister was planning to legislate the investor applications into oblivion.
The IIP applicants will continue their cases, asking the Federal Court to order CIC to finalize their
cases in 2013, hoping that they will find a judge who cares more about the duty to the Law and to
Canada than to being in Jason Kenney’s good graces. The race is now on to see who will act faster:
The Federal Court or Jason Kenney’s allies in Parliament. The fate of 20,000 investor applicants
and their families – as well as their billions of dollars of investments in Canada – hang in the balance.
 Source: unfairCIC.com

An Immigration System that Works for Canada: New Federal Skilled Worker Program to Accept Applications Beginning May 4, 2013

OTTAWA, ONTARIO--(Marketwire - Dec. 19, 2012) - The new selection system for the Federal Skilled Worker Program (FSWP) will take effect on May 4, 2013 at which time the program will re-open for applications, Citizenship, Immigration, and Multiculturalism Minister Jason Kenney announced today.

"The government's number one priority remains jobs, economic growth, and long-term prosperity," said Minister Kenney. "The new Federal Skilled Worker Program criteria will ensure Canada is selecting the skilled immigrants our economy needs, who are the most likely to succeed and fully realize their potential in Canada."

The improvements to the FSWP points grid are based on a large body of research which has consistently shown that language proficiency and youth are two of the most important factors in the economic success of immigrants.

The final changes to the FSWP selection criteria include:

• Minimum official language thresholds and increased points for official language proficiency, making language the most important factor in the selection process;
  
• Increased emphasis on younger immigrants, who are more likely to acquire valuable Canadian experience, are better positioned to adapt to changing labour market conditions, and who will spend a greater number of years contributing to Canada's economy;
  
• Introduction of the Educational Credential Assessment (ECA), so that education points awarded reflect the foreign credential's true value in Canada;
  
• Changes to the arranged employment process, allowing employers to hire applicants quickly, if there is a demonstrated need in the Canadian labour market; and
  
• Additional adaptability points for spousal language ability and Canadian work experience.
  

"For too long, too many immigrants to Canada have experienced underemployement and unemployment, and this has been detrimental to these newcomers and to the Canadian economy," said Minister Kenney. "Our transformational changes to the FSWP will help ensure that skilled newcomers are able to contribute their skills fully to the economy as soon as possible. This is good for newcomers, good for the economy, and good for all Canadians."

There are two new steps to the new selection system. First, applicants will have to demonstrate that they meet the minimum language threshold, which is level 7 of the Canadian Language Benchmark assessment system. Applicants will be able to get a language assessment from existing agencies designated by the Minister and listed on the CIC website.

Second, applicants will have their education credentials assessed prior to arriving in Canada. A list of assessment organizations designated by the Minister will be made available early in the New Year. The assessment of foreign educational credentials will provide prospective newcomers with a more realistic understanding of how their credentials compare to education standards in Canada. It will also give them the opportunity to upgrade their education prior to coming to Canada if they choose.

It is important to note that these changes will not apply to people who have applied to the FSWP prior to May 4, 2013 with a qualifying arranged job offer or under the Ph.D. stream.

As recently announced, due to the actions taken over the past months, new applications under the FSWP will be processed in a few months, rather than a few years. In order to ensure fast processing times and to avoid backlogs, the new FSWP will accept a fixed number of applications each year.

In the medium term, the Government is also moving forward to develop and implement an Expression of Interest (EOI) model, which will provide employers with access to a pool of skilled workers.

Related articles

• Canada To Speed Up Entry Of Skilled Immigrants Into Country
• New Federal Skilled Trades Stream to Begin Accepting Applications on January 2, 2013
• Skilled trades stream targets 3,000 foreign workers in 2013
• Immigration Changing: Provinces Need More Skilled Workers

US and Canada sign information sharing agreement

Photo of a sign in the Canada-United States border. (Photo credit: Wikipedia)

Under a new treaty Canada will start sharing information that relates to visa applications with the US in order to further North American security.  The data sharing deal is an attempt to make certain that the two nations are both secure while also streamlining the passage of both people and goods, with the deal also allowing either country to be able to share information with a third nation so long as the providing country gives consent, according to the website Biometric Update.

When someone puts in an application for US citizenship, Washington government officials will contact officials in Canada in order to identify both former failed refugee claimants, deportees and people who are attempting to enter under a false name.

The information trade means that both nations will be able to trade information in exactly the same way, although both countries are also making an effort to make sure that this information is not given to a nation from which an applicant has fled, or a country where members of the individual’s family live and could be endangered if this information were to be shared.

“If there is a positive hit, we will be notified of that,” notes Immigration Minister Jeremy Kenner.  “If the hit indicates something problematic – that perhaps that person has previously been deported by the United States or that in fact the person has an alias – then we’ll be able to more closely explore their real identity and whether they are admissible to Canada or would constitute a security risk.”

Related articles

• Canada, U.S. sign visa info sharing agreement, part of perimeter security deal
• Biometrics data collection: Canadian visa applicants from 29 countries will be fingerprinted
• U.S.-Canada inked visa and immigration information-sharing agreement
• Canada, U.S. sign visa info sharing agreement
• Facilitating Travel to Canada - Canada to Begin Collecting Biometrics from Certain Foreign Nationals
• Biometrics: Canadian visa applicants from 29 countries will be fingerprinted
• New treaty strengthens border security
• Exclusive: Canada should boost immigration levels starting 2014, says internal report

CBC skilled worker quiz surprising readers

Many CBC readers are discovering that it wouldn't be so easy to come to Canada as a skilled worker, especially if one  imagines forfeiting some home court advantages.  

Expected changes to Canada's Federal Skilled Worker Program inspired us to create a quiz based on the proposed points grid. New weightings under the six selection factors - education, official languages, work experience, age, arranged employment, and adaptability - will give some applicants a boost while making it tougher for others to have their applications considered. 

For instance, the government plans to increase the number of points one can score for being young, as well as the number of points one can get for proficiency in Canada's official languages. 

For the sake of simplicity, the CBC test assumed that all quiz-takers met the minimum requirements for eligibility and work experience, and had a relevant occupation -- all deal breakers for real applicants who can't say the same. 

Still, despite that short cut, many readers were shocked to discover that Canada might not look at their application if they were on the outside looking in.

• "Wow - three degrees, work experience and the highest level of English proficiency and I got barely enough points to apply. So now I really am mystified regarding how many people get here with those things. There are an awful lot without language skills and education." - Kathena
  
• "73 and born/raised/educated in Canada. I failed." - ROZENCRANTZ_7
  
• "Yikes, just in under the wire. 67 it is. And it was only my Canadian spouse that got me in. Hmmmm." - JohnMichaelKane 
  
• "378 years our family has been in Canada, I failed too. Bring in my replacement! I guess my last employment task will be to train them. Where's the soup kitchen?" - dogleg
  
• Does this mean I have to leave?" - HammerheadHirum

Others fared better, and their reactions ranged from delight and pride to bemusement.

• "Why should bilingual people get priority? I'm an old fart and I would be welcome. 87 points." - NQuick
  
• "We moved to Canada back in 1975 with my wife and 6 month old son, the requirements are the same as back then, my score now if I applied today: 97. I still needed a job that my employer could not fill with a Canadian, so what has changed since then: nothing. I've never been unemployed and have worked all my 64 years, retired for 4." - Kingstonrocks
  
• "I Took the test twice, First time thinking as a Canadian, second time thinking like an immigrant, I got 78 both times, seems that the most important thing is having at least one year of University education under your belt." - JohnnyTempest

One user in particular stood out by posting two comments reflecting on the bigger picture and proposing a series of questions.

"Canadians generally do not realize how difficult it is to immigrate. We are not doing anyone any favours if we set the bar too low and cause people to waste huge amounts of time and money becoming failures in a foreign land ... It is emotionally and intellectually more difficult to be a foreigner working in Canada than to be a native born Canadian working in Canada. Immigration is also more expensive financially and emotionally than immigrants think it will be." - GoodN1GHT

"We need to examine why Canada is unable to produce enough of its own skilled trades people when other countries with fewer resources successfully do. Are employers failing to provide apprenticeships or on-the-job training? Do foreign governments fund training in more effective ways? Are we paying people in these trades and professions too little? Is there a social stigma with these jobs? Are these dead-end jobs in Canada where in other countries they are career paths?" - GoodN1GHT


TAKE THE QUIZ HERE

Did you take the quiz and reach at least 67 points?

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How did you do on the quiz? Do you think the grid seems fair?

Related articles

• QUIZ | Would you qualify to come to Canada as a skilled worker?
• Skilled trades stream targets 3,000 foreign workers in 2013
• CBC skilled worker quiz surprising readers