Immigrants given free legal help to start own business

Italian-Immigrants-to-Canad (Photo credit: Wikipedia)

By: Nicholas Keung Immigration reporter, Published on Mon Mar 04 2013

Sanjay Pandrala, a horticulturist from India, hesitated to start his pest control and landscaping business because he didn’t know enough about Canadian commercial law.

Should he incorporate his firm? What is his liability if there is an industrial accident? What needs to be included in an employment contract?

While the lack of legal knowledge is a challenge, Pandrala said many small businesses simply can’t afford a corporate lawyer.

“You don’t want to learn about Canadian law the hard way, after a mistake is made,” said Pandrala, who came here in 2007 with a horticulture degree. “It is extremely important that we are aware of all these potential legal issues before we start our business.”

Photos.

Today, Pandrala is the proud owner of The Bug Man Inc. — which had modest sales of $80,000 last year — and a finalist in Connect Legal’s inaugural Promising Immigrant Entrepreneur Award.

Marion Annau, founder of Connect Legal, said the award is to celebrate the spirit of immigrant entrepreneurs.

“There is an economic shift underway. Self-employment and small businesses are becoming more important to the economy. Many immigrants are getting into self-employment as a way to get ahead,” said Annau, a former Bay St. lawyer.

“But they are not familiar with Canada’s legal system. The better understanding they have, the fewer problems they will have.”

Since its inception in 2010, Connect Legal, working with other community groups, has delivered workshops to more than 700 aspiring immigrant entrepreneurs.

Through its one-on-one lawyer-matching program, it has connected 32 pro-bono clients with its pool of 80 lawyers from six of Canada’s top law firms, including Blake, Cassels & Graydon, and McCarthy Tétrault.

Annau said the lawyers volunteer for less than 50 hours of work per client (jobs count toward the law firms’ billable hour target), offering advice from contract design and reviews to permit and licensing, business structuring, branding and trademarks.

Carolina Velez, owner of Colombia Exotic, an importer of exotic fruits and natural products, said the legal help she got from the clinic was invaluable.

“I did study business and law in university, but it’s Colombian law,” said Velez, another award finalist, who started her company last year, which imports one ton of yellow pitahaya (dragon fruit) a week to sell at Loblaws.

“The lawyer explained to me about my liability, how to protect my interests in the worst scenarios and let me see all the blind spots. There are just a lot of (legal) landmines in business.”

Other immigrant entrepreneur award finalists include: Vibhor Chhabra of Grand Travel Planners Ltd., Igor Chigrin of Win Global Partners and Hardik Kumar Dave of Uniglobe Consulting Inc. The winner will be announced Wednesday.

Source: http://www.thestar.com/news/immigration/2013/03/04/immigrants_given_free_legal_help_to_start_own_business.html

Notice – Changes to the Federal Skilled Worker Program

March 1, 2013 – With new criteria for the Federal Skilled Worker Program (FSWP) set to take effect in May, many prospective immigrants may already be preparing to apply.

However, future FSWP applicants should be aware that CIC expects to announce three important elements of the FSWP in April that will have an impact on the application process, including:

• a cap on the number of applications that will be accepted in the first year;
• a new list of priority occupations; and
• the organizations that will be designated to conduct educational assessments.

Applicants who prepare their application before this information is announced do so at their own risk. Applications that do not meet the criteria that will be announced in April will not be processed.

On December 19, 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced significant changes to the FSWP. In addition, the Minister announced that the new FSWP would be opened up for applications on May 4, 2013. A pause on applications, except for those from certain PhD students and those supported by a qualifying job offer, has been in place since July 1, 2012.

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Cisco eyes Canada investment: ‘The easiest place in the world to do business’

Image via CrunchBase

MICHAEL BABAD

The Globe and Mail

Published Wednesday, Feb. 27 2013, 7:38 AM EST

Cisco studies Canada
The chief executive officer of Cisco Systems Inc. appears to love Canada, so much so that he’s considering investing in what he calls “the easiest place in the world to do business.”

Of course, there’s more at play here, primarily his failed attempts to change the U.S. government’s mind on how it taxes companies and the amount of money they hold outside the country.

But, hey, if John Chambers wants to put some of that $46-billion (U.S.) to work here, it’s okay with us.

Mr. Chambers said in an interview with The Financial Times that he was studying the possibility of investing part of Cisco’s cash in Canada and Europe, having given up on pressing the U.S. government on double-taxing repatriated cash.

The chief of the tech giant did not say where or how the cash could be used, only that Canada and Europe would be “likely” targets and that the move could be soon, according to the business publication.

“In terms of our overall approach we’re going to go wherever the start-ups are and where the governments are that really want us,” Mr. Chambers, in Barcelona for a conference, told The Financial Times.

“The easiest place in the world to do business is Canada. Their prime minister gets it. They make it easy for me to invest and do acquisitions there; they have a great education program and they have a great immigration policy.”

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Canada Welcomes Record Number of Immigrants through Canadian Experience Class

Retaining the Best and Brightest from Around the World

OTTAWA, ONTARIO--(Marketwire - Feb. 28, 2013) - Canada's fastest-growing immigration stream welcomed a record 9,353 newcomers in 2012, Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced today.

"The Canadian Experience Class (CEC) makes Canada more competitive in attracting and retaining the best and brightest individuals with the skills we need. These are people who have already demonstrated their ability to integrate into the Canadian labour market and society," said Minister Kenney. "The CEC allows these skilled and educated individuals to bring their skills and talents, contribute to our economy and help renew our workforce so that Canada remains competitive on the world stage."

This is 34 percent more than the 2012 target of 7,000. Admissions in the CEC, which targets skilled immigrants, are up 55.2 percent from 2011.

Introduced in 2008, CEC is an immigration option for international student graduates and skilled foreign workers with professional, managerial and skilled work experience in Canada. Unlike other programs, CEC allows an applicant's experience in Canada to be considered a key selection factor when immigrating to Canada.

Recently, Citizenship and Immigration Canada streamlined the CEC work experience requirement to make the program faster and more flexible for applicants. As of January 2, 2013, applicants require 12 months of full-time Canadian work experience and now have more time, up to 36 months, to earn it.

Follow us on Twitter at www.twitter.com/CitImmCanada

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NEW PROGRAM TO SUPPORT IMMIGRANT ENTREPRENEURS IN CANADA

Canada (Photo credit: palindrome6996)

The federal government recently announced a new Start-Up Visa Program geared toward recruiting innovative immigrant entrepreneurs who will help create new jobs and support economic growth.

Start-Up Visa Program

Beginning April 1, 2013, the new program will link immigrant entrepreneurs with private sector organizations that have experience working with start-ups.  These relationships will be created to help entrepreneurs navigate the Canadian business environment and launch innovative companies that employ people in Canada.

What is Required?

Foreign entrepreneurs will require the support of a Canadian angel investor group, venture capital fund or a business incubator before they can apply to the Start-Up Visa Program. They must also meet the language proficiency and educational requirements of the program.

Initially, Canada’s Venture Capital & Private Equity Association and the National Angel Capital Organization will be partners in the program, and only members of these organizations will be able to participate in the program at its outset. These partner associations will help the federal government ultimately determine which of their members should be eligible for the visa program.

How to Apply

Applications open on April 1, 2013 with the pilot program running up to five years. Those interested in applying should visit the Citizenship and Immigration Canada website for more details.

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Mexico among countries deemed ‘safe’ by Canada immigration

Map showing origin countries of refugees /asylum seekers (= people fleeing abroad) in 2007 (Photo credit: Wikipedia)

By: Debra Black Immigration reporter, Published on Fri Feb 15 2013

Eight new countries have been added to Canada’s list of nations that are considered safe for refugees, including Mexico, Iceland, Israel (excluding Gaza and the West Bank) and Japan, triggering renewed criticism from refugee advocacy groups and human rights lawyers.

The government’s latest announcement means 35 countriesare now considered safe. Countries from the original list include Austria, Belgium, Czech Republic, France, Hungary and Slovenia.

The designation of safe country means these countries are able to protect their nationals from discrimination and any asylum claims from these nations will become part of a new expedited process, according to the Ministry of Citizenship and Immigration.

Immigration Minister Jason Kenney made the announcement late this week and it becomes effective as of Feb. 15, 2013.

“Faster processing of asylum claims from generally safe countries is an essential feature of Canada’s new faster and fairer refugee system,” the minister said in a news release.

“Our new system provides protection more quickly to genuine refugees, while removing individuals whose claims are rejected from the country faster.”

But many refugee advocacy groups are critical of the safe country list, including the Canadian Council for Refugees. “Discriminating between refugee claimants based on the country they are from is unfair,” said Loly Rico, president of the Canadian Council for Refugees.

“Having a shorter time to prepare their stories and no opportunity to appeal means there can be more mistakes.”

The inclusion of Mexico on the safe country list also rankles Rico. “In recent years, Canada’s Immigration and Refugee Board has clearly recognized that Mexico is not safe for some of its citizens,” she said. “It will now be more difficult for people like these to find protection in Canada.”

The addition of Mexico to the list of safe countries is contradicted by abundant evidence of the lack of safety for many Mexicans — some of whom have come to Canada and sought refugee status, said Audrey Macklin, law professor at the University of Toronto.

The acceptance rate for Mexicans last year was 20 per cent, which suggests a significant number of claims met the definition of refugee, Macklin said. Adding Mexicans to the list adds “procedural obstacles which have the effect of making it more difficult for them to get a fair hearing.

“If people don’t get a fair hearing, it’s more likely their claims will be rejected,” said Macklin. “Under this system, if rejected they’re denied access to an appeal and that compounds the unfairness.

“To add insult to injury, a higher rejection rate will then be used as evidence, fulfilling the prophecy that their claims are not genuine to begin with.”

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Why Canada could see a boom in immigration—from the U.S.

Every four years, like clockwork, disillusioned Americans make the same tired threat: if their presidential candidate of choice doesn’t win, then, screw it, they’re moving to Canada. While the vast majority of them don’t, there has been a measurable increase in the number of both American and British immigrants coming to Canada over the last decade. Now those increases could pick up even more, thanks to achange in Canada’s immigration rules.

Canada’s new Federal Skilled Worker Program kicks in on May 4. Like the old immigration rules, potential immigrants get points for certain characteristics. The passing grade is still 67 out of 100, but the government has altered how many points each trait is worth. As a result, Yanks and Brits will have an advantage—as will Aussies, Kiwis, the French, anyone from an English- or French-speaking nation. For some, particularly older immigrants who don’t speak either official language well, immigration to Canada through this program will become next to impossible. But for others, like our southern neighbours, it’s about to get a lot easier.

That said, the other big changes to the new system relate to age, and if you’re older you could lose more than you gain. The age category has been boosted by two points and, more importantly, the target age range lowered. Previously, applicants could get the full 10 points if they were 49 or younger. That number has dropped dramatically to 35. And the work experience category, which benefits older immigrants, has been reduced from 21 points to 15. So, if you’re an experienced, 48-year-old American, you just lost 16 points—more than you’ll gain with the new language bonuses.The emphasis on language provides the biggest boost. The category is now the most crucial, worth 28 points—an increase of four. But that’s only half the story. In an e-mail exchange, Citizen and Immigration Canada explained that points given for bilingualism have been cut in half, from eight to four, due to a “lack of evidence that second language ability contributes to positive economic outcomes for the majority of applicants.” In other words, an English-only-speaking American now receives up to 24 points instead of 16—an eight-point increase. And five extra points are now given in the adaptability category (worth a total of 10 points) if your spouse is fluent in English or French. So if you’re a married American, you could gain 13 more points. Easy peasy.

But for young Americans, moving to Canada will be much easier than before. The U.S. is typically our fourth biggest source of immigrants, followed closely by the U.K., each representing almost 10,000 new permanent residents per year. American numbers spiked somewhat during the recession, but both countries have been warming up to Canada over the last decade. In the early 2000s, between 5,000 and 6,000 new immigrants typically came in each year per country. By 2010, those numbers shot up roughly 40%, following, for the most part, yearly increases (see chart, above).

As you can see, there’s already a trend of Americans and Brits increasingly relocating to Canada (and to a lesser extent, the French). People want to move here—and for the ones already most similar to us, the Harper government just made it easier. That by itself is reason to suspect the increase we’ve already seen will continue—and could even spike.

You can follow @trevormelanson on Twitter.

Source http://www.canadianbusiness.com/economy/canada-us-uk-immigration-rules/

Ottawa to create skilled immigrant pool, provinces would select applicants based on labour needs

Deutsch: Toronto: Royal Ontario Museum (Photo credit: Wikipedia)

Nicholas Keung
Immigration Reporter 

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Ottawa has reached a consensus with the provinces to establish a pool of skilled-worker candidates by the end of 2014 that will allow employers to cherry-pick potential immigrants to fill regional labour shortages.

Immigration Minister Jason Kenney announced Friday he is committed to working with his provincial counterparts to implement the Expression of Interest (EOI) system, whereby employers could screen and assess a pool of applicants for immigration consideration.

“We’ve had very fruitful discussions about the future of immigration in Canada,” Kenney said after the annual federal-provincial immigration conference in Toronto.

All the provincial government representatives — except Quebec’s immigration minister, who was absent from the meeting — agreed the immigration system has to be fast and responsive to regional economic needs.

However, Kenney was lukewarm to Ontario’s own immigration plan, unveiled earlier this month, that called for vastly increasing the number of skilled immigrants the province can hand-pick under the provincial nominee program — to 2,000 next year, and to 5,000 in 2014.

Currently, Ontario receives only a 5 per cent share of the 20,000 provincial nominees accepted across Canada each year.

“The concern for Ontario is that the number of immigrants coming to Canada is going down ... Moving forward, we do have to find a way to co-operate and collaborate to rectify the situation,” said Ontario Immigration Minister Michael Chan.

“All provinces want their provincial nominee programs expanded because immigrants coming in are successful in getting jobs that match their skills.”

To reduce backlogs in the federal skilled worker program, Ottawa allowed provinces to “mine” applicants in the queue earlier this year, and Ontario is expected to nominate as many as 700 candidates above its 1,000 annual quota.

A source from Kenney’s office said the minister cannot commit to Ontario’s request to boost that quota because he has to balance all the 60-plus immigration programs, and any additional quota for the province has to come from somewhere else.

Details of the EOI system, based on a system used in New Zealand and Australia, are not available. But Kenney said a formula will be developed to decide the “distribution of skilled immigrants across the country.”

A recent provincial report found that Ontario has seen its share of immigrants to Canada drop by one-third, from 148,640 in 2001 to 99,000 in 2011.

While 70 per cent of immigrants settling in other provinces belong to the “economic” class — skilled workers and investors, as opposed to refugees and people reuniting with family members — economic immigrants account for only 52 per cent of newcomers to Ontario.

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Immigration Canada to lure foreign entrepreneurs with prize of permanent residency

English: Supreme Court of Canada Français : Cour suprême du Canada (Photo credit: Wikipedia)

Nicholas Keung
Immigration Reporter 

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Ottawa hopes to lure innovative entrepreneurs from abroad to Canada by offering them permanent residency.

Immigration Minister Jason Kenney said Thursday the move will put Canada ahead of its competitors, such as Australia, the United Kingdom and United States, where entrepreneurs are offered only temporary residency, and their ultimate status hinges on business success.

“Our new Start-Up Visa will help make Canada the destination of choice for the world’s best and brightest to launch their companies,” said Kenney, who is planning a trip to Silicon Valley, the world’s start-up capital, to find foreign entrepreneurs looking for a permanent home.

“Recruiting dynamic entrepreneurs from around the world will help Canada remain competitive in the global economy.”

The new program, which will accept applications starting April 1, will link immigrant entrepreneurs with private sector organizations in Canada that offer support and resources for their ideas. Candidates must be sponsored by Canadian investors.

Review panels struck by Citizenship and Immigration will assess the applicants.

In addition to a sound business plan, applicants must meet an intermediate language requirement in English or French, possess one year of post-secondary education and pass the necessary medical and criminal checks.

Kenney said the five-year pilot program will accept 2,750 applications a year and be made permanent if the government is satisfied with the results. Applications are expected to be processed within one year.

“Canada’s future relies on today’s entrepreneurs,” said Kenney.

The initiative is an evolutionary leap from Canada’s archaic entrepreneur program, which had been in place since the 1970s by offering conditional residency to foreign entrepreneurs who opened mall kiosks, corner stores and small businesses.

Immigrant entrepreneurs admitted to Canada dropped sharply to 184 in 2011, down from 1,176 in 2002. In anticipating Thursday’s changes, the government stopped accepting new applications in July to control the existing backlog in the federal entrepreneur program. There are no plans to lift the moratorium.

Source: http://www.thestar.com/news/canada/article/1319738--immigration-canada-to-lure-foreign-entrepreneurs-with-prize-of-permanent-residency

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